BUSINESS AND OPERATIONS:  CONSTRUCTION USING                            [LAW]

COMPETITIVE BIDDING

 

 

The following provisions apply only to a charter holder that has amended its charter to adopt Tex. Educ. Code Chapter 44.

 

The school may award a contract for the construction, repair, or renovation, of a structure, road, highway, or other improvement or addition to real property by using competitive bidding.

 

Tex. Educ. Code § 44.031(a); 19 Tex. Admin. Code § 100.103.

 

1.         Use of Competitive Bidding

 

The school may use competitive bidding as a method of entering into a contract for construction if it has determined that competitive bidding provides the best value for the school.

 

Tex. Educ. Code § 44.035(a).

 

2.         Delegation of Authority

 

            The school board may not delegate to others the authority to:

 

A.                 Select the construction delivery method that provides the best value; or

 

B.                 Adopt special rules and procedures for the selection process.

 

The board may choose to delegate its authority regarding an action required under Education Code Chapter 44, Subchapter B, to a designated person, representative, or committee.  In procuring construction services, the school shall provide notice of the delegation and the limits of the delegation in the request for bids.  If the school fails to timely provide notice of the delegation, a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services other than by the board is advisory only.

 

Tex. Educ. Code § 44.0312.

 

3.         Notice of Bids and Selection Criteria

 

A.        Notice of the time by when and place where the bids will be received and opened shall be published in the county in which the school’s central administrative office is located, once a week for at least two (2) weeks before the deadline for receiving bids.  If there is not a newspaper in that county, the advertising shall be published in a newspaper in the county nearest the county seat of the county in which the school’s central administrative office is located.  In a two-step procurement process, the time and place where the second-step bids will be received are not required to be published separately.

 

Tex. Educ. Code § 44.031(g).

 

B.         In the published request for bids the school will identify the criteria that will be used to evaluate the offerors and the relative weights given to the criteria.

 

Tex. Educ. Code § 44.035(b).

 

4.         Opening of Bids

 

A.        Bids may be opened only by the board at a public meeting or by an officer or employee of the charter holder at or in an office of the school.  A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.  Bidders, however, retain their common law right to withdraw a bid due to a material mistake in the bid.

 

Tex. Loc. Gov’t Code § 271.026; Tex. Educ. Code § 44.040(b).

 

B.         The school is entitled to reject any and all bids.

 

Tex. Loc. Gov’t Code § 271.027(a); Tex. Educ. Code § 44.040(b).

 

C.        In determining who is a responsible bidder, the school may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:

 

(1)        The board has adopted a written definition and criteria for accurately determining the safety record of a bidder;

 

(2)        The board has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and

 

(3)        The determinations are not arbitrary and capricious.

 

Tex. Loc. Gov’t Code § 271.0275; Tex. Educ. Code § 44.040(b).

 

5.         Contract Award

 

The school shall award a competitively bid contract at the bid amount to the bidder offering the best value to the school according to its selection criteria.  The selection criteria may include the following factors:

 

A.        Purchase price;

 

B.         The reputation of the vendor and of the vendor’s goods and services;

 

C.        The quality of the vendor’s goods or services;

 

D.        The extent to which the goods or services meet the school’s needs;

 

E.         The vendor’s past relationship with the school;

 

F.         The impact on the ability of the school to comply with laws relating to historically underutilized businesses;

 

G.        The total long-term cost to the school to acquire the goods or services;

 

H.        Any other relevant factor specifically listed in the request for bids or proposals.

 

Tex. Educ. Code §§ 44.040(c), 44.031(b).

 

6.         Making Evaluations Public

 

The school shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded.

 

Tex. Educ. Code § 44.035(c).