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6331 - Construction Contracting

Applicability

This policy shall generally apply to contracts for construction, remodeling, renovation, and repair of facilities. Acquisition of architectural, engineering, landscape architectural, construction management at risk, design-build, total program management, or surveying and mapping services shall be accomplished pursuant to Policy 6330 - Acquisition of Professional Architectural, Engineering, Construction Management, Landscape Architectural, or Land Surveying Services.

Responsibilities

The Superintendent shall be responsible for the procurement of construction services for the construction, remodeling, renovation, and repair of facilities, subject to the requirements for Board approval outlined below.

Bidding

Bidding and contracting for construction, remodeling, and renovation shall comply with all applicable provisions of the most recent version of the State Requirements for Educational Facilities (SREF) and the following:

A. Construction Projects Involving Expenditures of less than $5,000
Unless otherwise deemed appropriate by the Superintendent, contracts for projects governed by this sub-section do not require solicitation of formal bids. The Superintendent may negotiate directly with any qualified service provider and enter into a contract for projects governed by this sub-section.
 
B.Construction Projects Involving Expenditures of $5,000 - $10,000
Unless otherwise deemed appropriate by the Superintendent, contracts for projects governed by this sub-section do not require solicitation of formal bids. The Superintendent may approve and enter into contracts for projects governed by this sub-section after requesting three written quotes and conducting any further negotiations that may be deemed appropriate.

C.Construction Projects Involving Expenditures of $10,000 - $300,000

  1. Formal Bid Required
  Projects governed by this sub-section require solicitation of formal bids by electronic means (Vendor Bid or other electronic bid service) for a period of not less than one week.

  2. The Superintendent may approve and enter into contracts with the lowest responsive, responsible bidder for projects governed by this subsection.

  3. Annual Report to Board
  The Superintendent shall provide an annual report to the Board detailing contracts awarded under this sub-section.

  4. Bid Security and Bonds
  In order to encourage participation in construction, remodeling, and renovation projects by small business enterprises, no bid security or performance or payment bond shall be required for bids in an amount less than $300,000.
 
 D. Construction Projects Involving Expenditures over $300,000
 
  1. Formal Bid Required
  Projects governed by this sub-section require solicitation of formal bids. Bid solicitation for projects governed by this sub-section shall be advertised electronically and in a local newspaper with general circulation throughout the District for a minimum of once per week for three consecutive weeks with the last publication appearing at least seven days prior to bid opening.

  2. Board Approval
  The Board shall approve award of a contract for projects governed by this sub-section. Award shall be to the lowest responsive and responsible bidder considering base bid and accepted alternatives. Approval of award of contract by the Board shall not create a binding obligation on the Board, and no obligation shall be created or imposed until such time as the Superintendent executes a contract.

  3. Bid Security
  Bids governed by this sub-section must be accompanied by a bid security in a form and manner that is acceptable to the Board. Should the accepted bidder refuse to enter into the contract or fail to furnish performance and materials and payment bonds, the amount of the bid security may be forfeited to the District.

  4. Performance and Payment Bonds
  For projects costing $300,000 or more, the contractor or construction manager must deliver performance and payment bonds equal to the contract price prior to issuance of a notice to proceed for the work. Bonds must be issued by surety companies admitted to do business in the State of Florida and listed in the Federal Register of the U.S. Department of Treasury for Surety Companies Acceptable on Federal Bonds.
 
Alternatives to Bidding
 
 A. In lieu of bidding accomplished pursuant to the previous section, construction services may be acquired by:

  1. Selection of a construction management or design-build entity pursuant to Policy 6330.

  2. Use of contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements, when economically advantageous.
 
 B. Board Approval
The Board shall approve all contracts awarded under this sub-section for projects costing $300,000 or more. The Superintendent shall provide an annual report to the Board detailing contracts awarded under this sub-section for projects costing less than $300,000.

 
Bid Protest

 A. A bidder who wishes to file a bid protest must file such notice and follow procedures prescribed by F.S. 120.57(3), for resolution. For bids solicited pursuant to this policy, the notice must be filed with the General Manager of Construction.

 B. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to F.S. 120.57(3)(b), shall post at the time of filing a formal written protest, a bond payable to the Board in an amount of

  1. Twenty-five thousand dollars or two percent of the lowest accepted bid, whichever is greater for projects valued over $500,000 and

  2. Five percent of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs and attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs including attorney's fees.
 
 C. Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in F.S. 120.57(3), shall constitute a waiver of proceedings under F.S. Chapter 120.
 
Standard Contracts

The Board delegates to the Superintendent the authority to execute contracts reflecting the Board award. The Superintendent shall develop and maintain standard contract documents.

F.S. 120.57(3), 255.05, 287.017, 1001.41, 1001.43, 1013.45, 1013.46, 1013.47
F.A.C. 6A-1.012, 6A-2.0010
 
Revised - March 7, 2017
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