6220 Procedure – Bid Requirements – Bellingham Public Schools

All cost estimates for purchases related to this procedure shall include sales tax.

A. Furniture, Supplies, Or Equipment (Except Books)

Procurement Using State Funds

For purposes of this procedure, a lease-purchase agreement, whereby the district may own the property at the end of a lease term, shall be subject to the same conditions as an outright purchase.

Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

a. Less than $40,000¹

No competitive process is required.

b. Between $40,000¹ – $75,000¹

i. At least three (3) informal quotes shall be solicited from responsible vendors. Written, including email, or telephone quotes will be recorded and available for public perusal, or

ii. Purchases may be made through a board-approved interlocal cooperative agreement for purchases and public works with other governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.

c. Greater than $75,000¹

i. Formal bids shall be required, or

2. Formal Competitive Bidding Process

The following procedures shall be in effect for purchasing through the formal competitive bidding process:

a. Formal bids shall be called for by issuing public notice placed in at least one newspaper of general circulation within the district once each week for two consecutive weeks of the intention to receive bids and that specifications and other information may be examined at the office of the board or any other officially designated location, unless a statutory exception permits another contracting option.

b. Providing the clear and definite plans and specifications for such purchases to those interested in submitting a bid.

c. Brand names and manufacturer’s catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality. Bids on equal items shall be considered, providing the bidder specifies brand and model and furnishes descriptive literature. The acceptance of alternative “equal” items shall be conditioned on the district’s inspection and testing after receipt. If not found to be equal, the material shall be returned at the seller’s expense and the contract canceled.

d. The district will publicly open and read formal bids on the date, time, and place named in the notice and then will file the bids for public inspection. Any interested member of the public may attend the bid opening. It will be the bidder’s sole responsibility to see that the district receives his/her bid prior to the time set for opening of bids. The district will return any bid received after the time set for opening the bids to the bidder unopened and without consideration. The district will accept proposals in the place named and no later than the date and time named in the notice.

e. The contract for purchase shall be awarded to the lowest responsible bidder meeting the district’s specifications, in accordance with RCW 39.26.160 and as outlined below.

f. The district shall reserve the right to reject any or all bids, waive any informalities or irregularities in the bidding process, and to make the award deemed to be in the best interest of the district. The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

g. The board will follow the formal competitive bidding process by ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms.

h. The district requires bids be in writing.

i. The district will file all bids for public inspection after opening.

3. Lowest Responsible Bidder

The following will be in effect for purchasing awards:

The contract for the purchase shall be awarded to the lowest responsible bidder as described in RCW 39.26.160(2), but the board may, by resolution, reject any and all bids and make further calls for bids in the same manner as the original call. In determining whether the bidder is a responsible bidder under RCW 39.26.160(2), the district must consider the following elements:

a. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

b. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

c. Whether the bidder can perform the contract within the time specified;

d. The quality of performance of previous contracts or services;

e. The previous and existing compliance by the bidder with laws relating to the contract or services;

f. Whether, within the three-year period immediately preceding the date of the bid solicitation, the bidder has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated any provision of chapter 49.46, 49.48, or 49.52 RCW, as defined in RCW 49.48.082. Before awarded a contract, a bidder shall submit to the district a signed statement in accordance with RCW 9A.72.085, verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of this subsection of RCW;

g. The district may secure such other information as may have bearing on the decision to award the contract.

4. Athletics

Because of the unique nature and configuration associated with each particular sport’s athletic equipment, supplies, and uniforms, these items have been determined as not “like items.” As a result, when the aggregate value of athletic equipment, supplies, and/or uniforms associated with one purchase is less than $75,000, the formal bidding process is not required.

B. Building Improvement, Repair, Or Other Public Works һ��app

All building improvement, repair, or other public works projects estimated to be less than $350,000¹ may be awarded to a contractor on the small works roster, in accordance with RCW 39.04.155 and the requirements of this procedure which are listed below (Small Works Contracting Procedure).

Small Works Contracting Procedure

If the district chooses to utilize the small works roster, the district may solicit informal quotes by telephone or written quotations from all contractors who have requested to be placed on the small works roster or the district may elect the public bidding process of RCW 28A.335.190. The quotes will be recorded and available for public perusal.

The small works roster will be revised at least once each year by publishing a notice of such opportunity in at least one newspaper of general circulation in the district. A copy of such notification shall be sent to the Association of General Contractors. Such notice shall indicate where interested licensed contractors may secure information and application forms related to the small works roster. The application form shall be designed to collect such information as:

Name of contractor

State of Washington contractor’s license number

Bonding verification

Liability coverage

References

If the district chooses to utilize the small works roster, the following steps shall be employed in the order written:

a. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. Completion date; contractor’s assurances (prevailing wages, fair employment, etc.); bid and performance bond requirements; opportunity to visit the work site; closing date; and bid form may be provided, however, detailed plans and specifications need not be included in the invitation.

b. To receive an invitation for quotation the Contractor must be added to the small works roster prior to the project’s invitation for quotes.

c. The district will generate the appropriate small works roster. The appropriate small works roster comprises contractors who have indicated the capability of performing the kind of work being contracted.

d. If the cost of the project is estimated to be less than $50,000¹ the district can choose to use the limited public works process.

i. For limited public works projects, the district may solicit electronic or written quotations from a minimum of three (3) contractors from the small works roster. With prior board approval for limited public works, the district may waive the payment and performance bond requirements and the retainage requirements of law, thereby assuming liability for a contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes. The district shall have the right of recovery against the contractor for any of these payments made on the contractor’s behalf.

e. If the cost of the project is estimated to exceed or be equal to $50,000¹ but not more than $250,000¹, quotes may be invited from:

i. All appropriate contractors on the appropriate small works roster, or

ii. At least five (5) qualified small works contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted.

f. If the cost of the project is estimated to be greater than $250,000¹ but not more than $350,000¹, quotes may be invited from:

i. All appropriate contractors on the appropriate small works roster, or

ii. At least five (5) qualified small works contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in which case the district will notify the remaining contractors on the appropriate small works roster. The district has the sole option of determining whether this notice is made by publication in a legal newsletter in general circulation in the area where the work is to be done, mailing notice, or sending notice by facsimile or other electronic means.

g. Subject to the right to reject all bids, the superintendent or his/her designee shall award the contract to lowest responsible bidder meeting the district’s specifications, as outlined in Section B(3).

Small Works Roster Not Utilized

If the small works roster is not utilized and a building improvement, repair or public works project is estimated to cost:

a. Less than $50,000

No competitive process is required for building improvements, repair, or other public works under $50,000.

b. һ��apps $50,000 – $100,000¹

At least three (3) informal quotes shall be solicited from responsible vendors. Written, including email, or telephone quotes will be recorded and available for public perusal.

Other options include:

District buildings and grounds staff may make repairs/improvements to property when the total of such repairs/improvements does not exceed $75,000¹.

c. һ��apps Greater than $100,000¹

The district will follow procedures in Section B(4), “Formal Competitive Bidding Process.”

On construction projects, the bidder will include a notarized statement, agreeing to comply with prevailing wage and affirmative action requirements. The bidder will also provide payment and performance bonds.

When requested by the district, the successful bidder shall provide a payment and performance bond equal to one hundred percent (100%) of the contract bid amount.

d. һ��apps Greater than $300,000¹

Contracts will be complete with drawings, specifications, scope of work to be performed, bid bonds (if applicable), certificates of insurance, performance bonds, and any other documents required by law. Contracts shall also contain the district’s general terms and conditions.

e. һ��apps Greater than $1,000,000¹

Bids shall include the names of subcontractors who will do the heating, ventilation and air conditioning, plumbing, or electrical work. Failure to name a subcontractor or the bidder for each category of work renders the bid nonresponsive and void. Naming more than one subcontractor for a category of work, unless different contractors are named in alternative bids, also voids a bid.

Bidder Responsibility Criteria

Before award of a public works contract, a bidder must meet the following responsibility criteria to be a responsible bidder and qualified for award of a public works project. The bidder must:

a. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW;

b. Have a current state unified business identifier number;

c. If applicable, have industrial insurance coverage for the bidder’s employees working in Washington as required in Title 51 RCW; an employment security department number, as required in Title 50 RCW; and a state excise tax registration number, as required in Title 82 RCW;

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);

e. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes, as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation;

f. Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the department of labor and industries; and

g. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW (before award of a contract, a bidder shall submit to the district a signed statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of this subsection).

In addition to the bidder responsibility criteria, the district may adopt relevant supplemental criteria in accordance with RCW 39.04.350(3) for determining bidder responsibility, applicable to a particular project with which the bidder must meet.

Formal Competitive Bidding Process

The following procedures shall be in effect for purchasing through the formal competitive bidding process:

b. Providing the clear and definite plans and specifications for such purchases to those interested in submitting a bid.

c. The district will publicly open and read formal bids on the date, time, and place named in the notice and then will file the bids for public inspection. Any interested member of the public may attend the bid opening. It will be the bidder’s sole responsibility to see that the district receives his/her bid prior to the time set for opening of bids. The district will return any bid received after the time set for opening the bids to the bidder unopened and without consideration. The district will accept proposals in the place named and no later than the date and time named in the notice.

d. The contract for purchase shall be awarded to the lowest responsible bidder meeting the district’s specifications, in accordance with RCW 39.04.350 and as outlined below.

e. The district shall reserve the right to reject any or all bids, waive any informalities or irregularities in the bidding process, and to make the award deemed to be in the best interest of the district. The board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call.

f. The board will follow the formal competitive bidding process by ensuring that the district takes steps to assure that when possible, the district will use small and minority businesses, women’s business enterprises and labor surplus firms.

g. The district requires bids be in writing.

h. The district will file all bids for public inspection after opening.

C. Procurement Using Federal Funds

Goods

When the district uses federal funds for procurement of goods (furniture, supplies, equipment, and books):

a. Purchases of $10,000¹or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

b. Purchases between $10,000 and $75,000¹must be procured using price or rate quotations from three or more qualified sources.

c. Purchases of $75,000¹or more must be publicly solicited using sealed bids or requests for proposals.

2. Services

When the district uses federal funds for procurement of services:

a. Purchases of $10,000¹or less do not require quotes. However, the district must consider price to be reasonable, and, to the extent practical, distribute purchases equitably among suppliers.

b. Purchases between $10,000 and $250,000¹ must be procured using price or rate quotations from a reasonable number of qualified sources.

d. Purchases of $250,000¹or more must be publicly solicited using sealed bids or requests for proposals.

3. Noncompetitive Procurement

Noncompetitive procurement may be used only when one of the following four circumstances applies:

a. The item is only available from a single source;

b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The awarding agency (e.g., OSPI) authorizes noncompetitive procurement in response to a written request from the district; or

d. After solicitation of a number of sources, competition is determined inadequate.

The district must maintain documentation supporting the applicable circumstance for noncompetitive procurement.

Suspension and Debarment

Before entering into federally funded vendor contracts for goods and services that equal or exceed $25,000¹and any subcontract award, the district will ensure the vendor is not suspended or debarred from participating in federal assistance programs.

D. Other

Change Orders

See Policy 6957.

Services – no federal funding

The district will determine if the proposed personal services consultant qualifies as an independent contractor or an employee.

Professional Services

Professional Services are as defined in RCW 39.80.020 (5). See Policy 6925.

Other Services

There is no requirement for a competitive process for other services. The district will determine if solicitation of quotes is required.

3. Purchases of Food

a. Purchases of Washington grown food not subject to state procurement requirements.

Purchases of food grown and packed or processed in Washington are not subject to the procurement requirements in Section A of this policy or in state law but must still comply with federal procurement requirements—which allow for applying preferences for local food products during procurement—when purchased using federal funds.

b. Purchases of food using federal funds

The district values procuring unprocessed locally grown or locally raised food products, and the superintendent or designee may determine whether or not to include a local preference when procuring food products on a case-by-case basis.

The district defines “local” for this purpose as:

Tiered system where Whatcom County is the priority area, Skagit County is the secondary area, followed by the rest of Washington state for when items are not available from priority or secondary area. All areas may be within the definition of “local” for geographic preference purposes, though more points would be awarded for food sourced from the priority area.

1.Threshold value is based on current legislative thresholds. If legislative thresholds change these thresholds will automatically change to the most current legislative threshold.

Legal References:

RCW 28A.335.190 Advertising for bids — Bid procedure-Telephone solicitation, limitations — Emergencies

RCW 28A.400.330 Crimes Against Children — Contractor Employees — Termination of Contract

RCW 39.04.155 Small Works roster — Contract award — Process

RCW 39.04.280 Competitive Bidding Requirements — Exemptions

RCW 39.04.350 Bidder responsibility criteria—Sworn statement—Supplemental criteria.

RCW 39.30.060 Bids on public works — Identification, substitution of subcontractorsRCW 39.26.160 Bid Awards — Considerations — Requirements and criteria to be set forth — Negotiations — Use of enterprise vendor registration and bid notification system.

RCW 39.26.010 Definitions— Procurement of Goods and Services.

RCW 39.26.160 Bid Awards — Considerations — Requirements and criteria to be set forth — Negotiations — Use of enterprise vendor registration and bid notification system.

34 CFR 80.36 Procurement

2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

2 CFR 200.67 Micro-purchase

2 CFR 200.88 Simplified Acquisition Threshold

2 CFR 200.318 General Procurement Standards

2 CFR 200.320 Methods of Procurement to be Followed

2 CFR 3485 Nonprocurement Debarment and Suspension

Chapter 39.34 RCW Interlocal Cooperation Act

Adopted/Previous Revisions: 12/18/03; 03/20/08; 12/11/08; 02/27/13; 08/21/14; 09/24/14; 08/13/15;12/05/18; 02/20/19; 01/11/22; 04/18/22

Updated: 04/18/2023

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Legal References:

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