4003 - Bidding for Construction, Remodeling, Repair, or Site Improvement

Applicability of this policy.
1. Construction and contracts undertaken with federal funds, whether those funds are derived directly from the federal government (e.g. award of a federal grant) or are derived by pass-through awards from the Nebraska Department of Education (e.g. special education funds, school lunch funds, Title I funds) are subject to the policy on Construction with Federal Funds, which is found elsewhere in this section.
2. This policy applies to all other purchases and contracts made by the ESU for construction, remodeling, repair and other site improvements.
Projects with an Estimated Cost of Less than $109,000
1. The ESU will solicit quotes and/or estimates for all projects with an estimated cost of less than $109,000.
2. Prior to solicitation of the quotes and/or estimates, the administrator will determine whether the ESU will accept oral submissions.
3. Quotes and/or estimates may be solicited by the administrator or his/her designee without board action.
4. The terms of any construction project undertaken pursuant to this policy will be memorialized in a written contract which has been reviewed by the ESU’s legal counsel and approved by the board.
5. The ESU may use a Nebraska state-wide cooperative purchasing program in lieu of obtaining quotes or bids under this policy to the extent such a bid or quote is not otherwise independently required by law.
6. Nothing in this subsection prohibits or requires the use of the formal bidding procedures. If the ESU is going to solicit formal bids for projects of less than $109,000 they must follow the formal procedures outlined in this policy.
Formal Bidding for Major Purchases and Construction
1. Pursuant to section 73-106 of the Nebraska statutes, the board will advertise for bids when the contemplated expenditure of the project exceeds $109,000 for the construction, remodeling or repair of a school-owned building or for site improvement.
2. In projects that involve professional engineering or architecture, the board will have a registered professional engineer or architect prepare the plans, specifications, and estimates when the anticipated cost of the project exceeds $118,000.
3. Advertising for Bids
  1. The administrator or designee will arrange to advertise for bids under this section by publishing notice in any newspaper of general circulation within the ESU at least 7 calendar days prior to the date on which bids are due.
  2. Nothing in this policy shall prevent the administrator or designee from advertising in additional media outlets or for a longer period of time.
4. Bid Documents
  1. The bid documents shall identify the day upon which the bids shall be returned, received or opened and shall identify the hour at which the bids will close or be received or opened.
  2. The invitation for bids will be sufficiently certain and specific, will include any specifications and pertinent attachments, and will define the items or services in order to allow the bidder to properly respond.
  3. The bid documents shall also provide that such bids shall be opened simultaneously in the presence of the bidders or their representatives.
  4. Bids received after the date and time specified in the bid documents shall be returned to the bidder unopened.
  5. If bids are being opened on more than one contract, the board, in its discretion, may award each contract as the bids are opened.
  6. Sealed bids will be opened in a place and at the specific time stated in the bid form. Bidders shall be notified of the opening and invited to be present.
  7. The board shall have discretion in determining which bidders are responsible and responsive and shall award the contract to the lowest, responsible, and responsive bidder whose bid meets the bid specifications.
5. Any or all bids may be rejected if there is a sound documented reason.
6. The terms of any construction project undertaken pursuant to this policy will be memorialized in a written contract which has been reviewed by the ESU’s legal counsel and approved by the board.

Adopted on: June 9, 2008
Revised on: February 12, 2019
Reviewed on: April 16, 2012
Revised on: August 9, 2021
Reviewed on: Oct. 10, 2022

4003: Bidding for Construction, Remodeling, Repair or Site Improvement