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 outlined 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 or 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 of 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, or � 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 olicitation, 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 option of waiving bonds and retainage.
S chool District Public Works Thresholds < $35,000 < $40,000 >$40,000 $50K - $150 - Over $300K $150K $300K May be Competitive bid process, award to lowest responsible done by Bidder district Complete plans & S pecifications: Publication; formal written bidding, award to lowest responsible bidder S mall Works Roster – Invite all or 5 S ame - Invite 5 – notify Contractors - No detailed plans & S pecs; entire roster No advertisements, “ equitably distribute” “ Limited” S olicitation (not receipt) from at least 3 contractors
Municipal Research S ervice Center Rosters 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. http:/ / www.mrscrosters.org/
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