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Model Procurement - Jefferson County Public Schools

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<strong>Procurement</strong> Regulations<br />

Article III<br />

Source Selection And Contract Formation<br />

3.1 Scope<br />

The provisions of this Article III shall apply to every Board<br />

procurement made by competitive sealed bidding, competitive<br />

negotiation and noncompetitive negotiation.<br />

3.2 Competitive Sealed Bidding<br />

Competitive sealed bidding is the preferred method for the<br />

procurement of supplies, services or construction by the<br />

Board. All Board contracts shall be awarded by competitive<br />

sealed bidding, unless authorized by law, or except as<br />

provided in the following subparts of these regulations.<br />

3.2.1 Competitive Negotiation.<br />

3.2.2 Negotiations after Competitive Sealed Bidding when<br />

all bids exceed available funds.<br />

3.2.3 Noncompetitive Negotiation.<br />

3.2.4 Small Purchases.<br />

3.2.5 Emergency.<br />

3.3 The Invitation for Bids<br />

3.3.1 Use<br />

The invitation for bids shall be used to initiate a competitive<br />

sealed bid procurement.<br />

3.3.2 Content<br />

The invitation for bids shall include the following:<br />

(a) Instructions and information to bidders concerning<br />

the bid submission requirements, including but not<br />

limited to the time and closing date for submission of<br />

bids, the address of the office to which the bids are to be<br />

delivered, the maximum time for bid acceptance by the<br />

Board, whether the award shall be made on the basis of<br />

the lowest bid price or the lowest evaluated bid price, the<br />

objective measurable criteria for evaluation if the award<br />

will be based on the lowest evaluated bid price, and any<br />

other special information; and<br />

(b) The contract terms and conditions, including but not<br />

limited to purchase description, delivery or performance<br />

schedule, inspection and acceptance requirements, and<br />

warranty and bonding or other security requirements, as<br />

applicable.<br />

3.3.3 Incorporation by Reference<br />

The invitations for bids may incorporate documents by reference,<br />

and shall incorporate these regulations as provided<br />

in paragraph 2.36.<br />

3.4 Bidding Time<br />

3.4.1 Minimum Bidding Time<br />

Bidding time is the period of time between the date of distribution<br />

of the invitation for bids and the date set for opening<br />

of bids. A minimum of seven days bidding time shall<br />

be provided, unless the contracting officer makes a written<br />

determination and findings that there is an urgent need for<br />

procurement that does not permit delay.<br />

3.4.2 Setting Bidding Time<br />

Bidding time shall be set to provide prospective bidders<br />

with a reasonable time to prepare their bids, subject to the<br />

minimum bidding time set forth in paragraph 3.4.1 and the<br />

publication requirements in paragraph 3.6.2. Factors to be<br />

considered in establishing bidding time include, but are not<br />

limited to:<br />

(a) Time constraints involved in meeting the Boardʼs<br />

needs;<br />

(b) Complexity of the procurement; and<br />

(c) If mail is used, the time for transmission by mail to<br />

and from prospective bidders.<br />

3.5 Bidder Submissions<br />

3.5.1 Bid Form<br />

The invitation for bids shall provide a form, which may<br />

be supplied in print and/or electronic format, which shall<br />

include space(s) in which the bid price(s) shall be inserted<br />

and which the bidder shall sign and submit along with all<br />

other necessary submissions. The bid form shall also include<br />

space(s) in which to place alternate bids if such bids<br />

are allowed. In any event, the bid form shall provide that<br />

the base bid must be supplied, and any alternate bid may be<br />

supplied at a later time.<br />

3.5.2 Bid Samples and Descriptive Literature<br />

(a) “Descriptive Literature” means information available<br />

in the ordinary course of business which shows the characteristics,<br />

construction, or operation of an item which<br />

enables the Board to consider whether the item meets<br />

its needs.<br />

(b) “Bid sample” means a sample furnished by a bidder<br />

to show the characteristics of the item offered in the<br />

bid.<br />

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