803.21 Bids

The Board supports economic development in Iowa, particularly in the school district community. Construction contracts will be made in the school district community or in Iowa from Iowa-based companies if the bids submitted are comparable in quality and can be received without additional cost in comparison to those submitted by other bidders. The Board of Education will have the authority to approve or reject construction contracts.

Public, competitive sealed bids are required for construction projects, including renovation and repair, with a cost exceeding the statutory minimums required by law. The public, competitive sealed bid requirement is waived in the case of emergency repairs when the repairs are necessary to prevent the closing of a school. The AEA administrator will certify that the emergency repairs are necessary to prevent the closing of a school. The Superintendent/designee will comply with the competitive quote process for those projects subject to the competitive quote law. The Superintendent/designee will determine the process for obtaining quotes for projects below the competitive quote limit.

The award of construction contracts will, generally, be made to the lowest responsible bidder. The Board, in its discretion, after considering factors relating to the construction, including, but not limited to, the cost of the construction, availability of service and/or repair, completion date, and any other factors deemed relevant by the board, may choose a bid other than the lowest bid. The Board of Education will have the right to reject any or all bids, or any part thereof, and to enter into the contract or contracts deemed to be in the best interests of the District.

It is the responsibility of the Superintendent/designee to make a recommendation and the reason for it to the Board of Education for construction contract bids and which bid to accept.

Legal Reference:
Iowa Code §§ 72; 73; 73A.2, .18; 297.7-.8 (2007).
HF 2713 (2006)

Cross Reference:
703.30 Purchasing and Planning for Maintenance and Operational Systems Department

Approved:
December 17, 2007

 

Reviewed:
November 7, 2007

January 16, 2012

April 15, 2013
March 23, 2015
June 20, 2016

 

Revised:
January 16, 2012
April 15, 2013
March 23, 2015
June 20, 2016

 

R.R. for Policy 803.21


It will be the practice of the District to utilize the following steps to comply with the Chapter 26 regulations bidding and quotation threshold amounts:

Bidding
If the estimated total cost of a public improvement exceeds $135,000, the District will competitively bid the project pursuant to the procedures outlined below.
  1. An architect or engineer prepare proposed plans, specifications, form of contract and estimated total cost to determine that the competitive bid process applies.
  2. The bid security amount for the project before publishing the advertisement for bids. The amount of the bid security must equal at least 5%, but not more than 10%, of the estimated total cost or the amount of each bid. A cashier’s check, certified check, certified share draft or approved bid bond may all be used as bid security.
  3. Advertise once for bids by publishing notice not less than 13 days, but not more than 45 days before the date set for receiving bids in the Des Moines Register. The notice will also be available in the Construction Update Network of Master Builders of Iowa and the Ankeny Community School District website.
  4. The advertisement for bids will contain the following information:
  • Time and place for filing sealed proposals
  • Time and place sealed proposals will be opened and considered
  • General nature of the project
  • In general terms, when the work must be commenced and completed
  • Requirement for bid security
  • Any other information the District deems pertinent.
5. Publish notice of hearing on plans, specifications and form of contract and estimate of project cost by publishing  
    notice at least 4 days, but no more than 20 days before the date of hearing in the Des Moines Register. The award of 
    the contract may not be approved until the Board of Education holds the hearing and approves the plans,
    specifications, form of contract and estimated total cost of the project.
6. Open bids on the project. The Superintendent/designee will receive and open the sealed bids and announce the
    results. A bid summary of results and officer’s recommendation will be presented to the Board of Education for
    action.


The Board of Education will award the contract to the lowest, responsive, responsible bidder. Otherwise, the board may reject all bids received, fix a new date for receiving bids and order publication of a new notice to bidders.

Quotations
If the estimated total cost of a public improvement exceeds $75,000 but is less than the competitive bidding threshold, then the District will seek competitive quotations on the project pursuant to the following procedures:
  1. Have architect or engineer prepare proposed plans, specifications, form of contract and estimated total cost, to determine that competitive quotes must be obtained.
  2. If the threshold amount is met, the school district will make a good faith effort to obtain quotes from at least two (2) contractors regularly engaged in such work. In its effort to obtain quotes, the school district will provide a general description of the work, including plans and specifications and give contractors an opportunity to inspect the work site.
  3. All quotes received will include the price for labor, materials, equipment and supplies.
  4. The District, itself, may also provide a competitive quote. If it does, the District must deduct from the quotes of any other contractors the estimated sales and fuel taxes included in those contractors’ quotes.
  5. The District shall set a time, place and manner for filing quotes, which may be by mail, facsimile, or electronic mail.
  6. An informational quotations summary will be provided to the board of education at a subsequent meeting and recorded in the board meeting minutes.
  7. The contract shall be awarded to the contractor submitting the lowest, responsive, responsible quote. Otherwise, the board shall reject all quotations. If no quotes are received, the school district may perform the work itself.

 

Informal Quotations

If the estimated total cost of a public improvement is less than the formal quote threshold, then the Superintendent/designee shall have the authority to use whatever means are deemed appropriate to accomplish this improvement.

 
Substantially Completion
A project is considered "Substantially Complete" when:
  1. The project, or when the work on the project has been substantially completed in general accordance with the terms and provisions of the contract and specifications or
  2. The work on the project or on the designated portion is substantially complete in general accordance with the terms of the contract and specifications so that the District can occupy or utilize the project or designated portion of the project for its intended purpose; or
  3. The work is certified as substantially complete by either the architect or engineer; or the authorized contract representative; or
  4. The school district is occupying or utilizing the project for its intended purpose.

Receipt of Retainage

The connection between substantial completion and the project’s retainage is that once the project is substantially complete a contractor may request the release of all or part of the retainage funds being held on the project. The contractor’s request for release of the retainage funds shall be accompanied by a sworn statement that ten (10) calendar days prior to filing the request for release of the funds a notice was given to all known subcontractors, sub-subcontractors and suppliers that the contractor was requesting the early release of retainage funds. If proper documentation is received from the contractor, the District will release all the retainage funds at the next monthly school board meeting in an amount equal to: 

  1. 200% of the value of labor or materials yet to be provided on the project as determined by the authorized contract representative. The authorized contract representative is the person chosen by the school to represent its interests, or the person or entity designated in the contract documents to represent the interests of the school.
  2. Double the amount of any 573 claims currently on file at the time the request for release of retainage is received.
If the District withholds an amount from the retainage payment to the contractor, the District must provide an itemization or the reason the request is being denied to the contractor within thirty (30) calendar days of the receipt of the request.
 

Final retainage amounts will be released 30 days following the Board of Education acceptance of the improvements.


Approved:

December 17, 2007

 
Reviewed:

November 7, 2007
January 16, 2012
August 20, 2012

April 15, 2013
March 23, 2015
June 20, 2016
 
Revised:

January 16, 2012
August 20, 2012

April 15, 2013
March 23, 2015
June 20, 2016