Daniel Lunghofer S chool District Accounting S upervisor, OS PI - - PowerPoint PPT Presentation

Daniel Lunghofer S chool District Accounting S upervisor, OS PI 360-725-6303 daniel.lunghofer@ k12.wa.us

S tate Bid Law – RCW 28A.335.190

Covers purchases of materials and supplies for school districts, except books. Focuses on use of state or local resources – Federal money follows Federal guidelines. Does not explicitly apply to services.

S tate Bid Law – RCW 28A.335.190

Tier 1: Under $40,000 in aggregate

No formal bid requirements. Can buy on open market. Cannot break down large purchases into

many smaller purchases to avoid bids.

S tate Bid Law – RCW 28A.335.190

Tier 2: More than $40,000 but less than $75,000

Must seek competitive quotations. Must get quotations from three

different sources.

Can be written or via telephone. Must record quotes. Must also follow board procedure.

S tate Bid Law – RCW 28A.335.190

Tier 3: More than $75,000

Competitive bidding process. Notice of bid placed in newspaper in

general circulation once a week for two weeks.

Must receive S

EALED written bids.

Opened publicly at a place and time

• utlined in notice.

Awarded to lowest responsible bidder.

S tate Bid Law – RCW 28A.335.190

Tier 3: Exceptions

If the board so desires, it may, by

resolution, “ rej ect any and all bids and make further calls for bids in the same manner as the original call.”

In cases of emergency, board may

declare such and waive the bid requirements.

Federal Requirements

Purchases using Federal money (Title I, IDEA, etc.) must conform to Federal requirements. For Education-related grants, covered in EDGAR §80.36. Use Federal requirements unless S tate requirements are more strict.

Federal Procurement – EDGAR §80.36

(d)(1) – S

mall purchase procedures

Purchasing services less than $100,000, or

property or supplies less than $75,000*.

S

AO has “ rule of thumb” of $3,000 minimum.

Price or rate quotations obtained from

adequate number of qualified sources (may use services like KCDA).

*S tate law is more restrictive for supplies/ property purchases between $75,000 and $100,000.

Federal Procurement – EDGAR §80.36

Competitive sealed bids are required for

purchases of services over $100,000 or property/ materials over $75,000.*

Invitation to bid must be publicly advertised. S

ealed bids are opened at time and place specified.

Awarded to lowest responsive and responsible bidder. Any or all bids may be rej ected if there is a sound,

documented reason.

*S tate law is more restrictive for supplies/ property purchases between $75,000 and $100,000.

Federal S uspension & Debarment

When purchasing with Federal dollars, no subgrant or contract may be awarded “ to any party which is debarred or suspended

• r is otherwise excluded from or ineligible

for participation in Federal assistance programs under Executive Order 12549, ‘ Debarment and S uspension.’ ” (EDGAR §80.35)

Federal S uspension & Debarment

Requirement can be accomplished by:

Using Excluded Parties List S

ystem (ELPS ): http:/ / www.epls.gov

Collection certification from the entity. Adding a clause or condition to the

covered transaction. Verification must be kept for possible review by auditors.

S cott Black Program Development Manager 360-725-6268 scott.black@ k12.wa.us

Characteristics of Public Works

Work is performed on public property. Work is more than “ ordinary maintenance.” Work tends to require a building permit. Cost of labor is a significant portion of the

total cost of the work.

The level of the proj ect cost and the source

• f proj ect funding are not factors that

determine public works.

S tate S tatute References

RCW 39.04 Public Works RCW 39.06 Licensed Contractors Required RCW 39.10 Alternative Public Works RCW 39.12 Prevailing Wages RCW 39.80 Architect/ Engineering Contracts RCW 43.19 General Administration RCW 60.28 Liens for labor, taxes, etc. RCW 39.34 Interlocal Cooperation Act RCW 28A S chool Districts RCW 35 Counties RCW 36 Cities

S mall Works Roster

RCW39.04 & RCW 28A.335.190

Proj ects under $300,000. Reduces the cost of bidding small proj ects. Easier for contractors to compete for public

works proj ects.

Can be single general small works roster or

several rosters for specialties or categories of work or geographical areas.

• Contractors on list must be properly licensed or

registered to perform work in Washington.

Establishing A S mall Works Roster

S

chool District must adopt an implemental Resolution to include procedures for ensuring a competitive process.

At least once a year, district must publish a

notice and solicit contractors for the roster(s).

Contractors can be added at any time with

written notice.

S

chools Districts may work together to solicit contractors for a j oint small works roster(s).

An Invitation to quote must

Include an estimate of the scope and nature of the

work, materials and equipment rather than detailed plans and specifications; and

Be made either to:

All appropriate contractors on the appropriate roster,

• r

At least 5 contractors on roster in a manner that will

not favor certain contractors over others who perform same work.* * If between $150K and $300K district must notify remaining

contractors on roster - in writing or published in legal newspaper where work is being performed

After Award of Contract

Bid quotations must be recorded, open to public

inspection and available by telephone.

Yearly list of awarded contracts must be made

available:

Name of successful contractor. Amount of the contract. Brief description of the type of work performed. Dates of award. Location where bid quotations are available for

inspection.

“ Limited” S mall Works – Under $35K

S

• licitation, not receipt of electronic or

written quotes from at least 3 contractors.

Awarded to the lowest responsible bidder. Public Record of quotations kept for 24

months.

S

chool District, at their own risk, have the

• ption of waiving bonds and retainage.

S chool District Public Works Thresholds

< $35,000 < $40,000 >$40,000 $50K - $150K $150 - $300K Over $300K May be done by district Competitive bid process, award to lowest responsible Bidder Complete plans & S pecifications: Publication; formal written bidding, award to lowest responsible bidder S mall Works Roster – Invite all or 5 Contractors - No detailed plans & S pecs; No advertisements, “ equitably distribute” S ame - Invite 5 – notify entire roster “ Limited” S

• licitation

(not receipt) from at least 3 contractors

MRS C Rosters is a shared statewide small works and consultant roster system that 258 Washington S tate cities, counties and districts use to search for proj ect bidders.

Municipal Research S ervice Center Rosters

http:/ / www.mrscrosters.org/