BIDDING/PURCHASING REQUIREMENTS

The Board expects all purchases made by the school unit to be consistent with applicable laws and sound business practices. The Superintendent shall be responsible for developing and implementing administrative procedures for bidding and purchasing consistent with this policy. This policy is intended solely as an internal guide to purchasing by the school unit. It does not afford any vendor any property or contractual rights against the school unit. No vendor shall have any enforceable rights against the school unit based upon this policy or alleged violations of this policy. No vendor shall have any rights against the school unit until such time as a written contract between the vendor and the school unit is executed by the vendor and an authorized representative of the school unit.

A. Bidding Required by Law
    Maine law requires the Board to competitively bid property and casualty insurance; school bus and
    transportation contracts in excess of $4,000; school building construction, alterations and repairs
    over $100,000; and bond anticipation notes for state-subsidized school construction projects.

B. Competitive Bidding of Other Purchases
    Where bidding is not required by law, it shall be the policy of the school unit to competitively bid
    purchases of equipment, supplies, materials or services over $10000.00 provided that it is practical
    and cost-effective to specify the materials or services with sufficient particularity to allow meaningful
    comparison of bids.

    If competitive bidding is not utilized, the Superintendent may seek Requests for Proposals (RFP) for
    purchases over $10000.00. An RFP identifies the need the school unit intends to meet, but permits
    the vendor to propose the manner in which the work is to be performed and the materials to be used.

    The Superintendent may forego the competitive bid or RFP process only when he/she determines
    that quality, expertise, time factors, or other important considerations outweigh the possible benefits
    of bidding or requesting proposals. In each such case, the Board shall be informed of the
    Superintendent's decision and the reasons for it in advance of entering into a contract.

C. Procedures for Bidding and Requesting Proposals
    The method of notification that the school unit uses to solicit bids and proposals shall be reasonably
    designed to attract qualified vendors. Depending upon the circumstances, such notification may
    include public advertising and/or mailing of notices to potential vendors.

BID PROCEDURES

A. The notification shall specify the deadline for submitting bids and the time and place of bid opening.
    Bid alternates shall be permitted at the discretion of the

    Superintendent. The notice shall reserve the right of the school unit to reject any or all bids, and to
    waive technical or immaterial nonconformities in bids if such waiver is in the best interest of the
    school unit, and to exercise judgment in evaluating bids.

B. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked "Bid, not to be
    opened until (insert appropriate date)," and mailed or filed with the Superintendent of the unit.

C. A Board member or employee of the school unit may not open a bid until the appointed time.

D. At the time and place stated in the public notice, and open to the public, all bids shall be opened by
    the Superintendent or, in the Superintendent's absence or disability, by any Board member
    designated for the purpose by the Chair of the Board.

E. If any citizens who are not Board members or employees of the school unit or if any representatives
    of the press are present, bids shall, at that time, either be made available for examination by them or
    shall be read aloud in a manner to be heard plainly by those in attendance.

F. In general, the Board will award contracts to the lowest bidder who, in the best judgment of the
    Superintendent and Board, can satisfactorily fulfill the contract.

RFP PROCEDURES

A. Proposals should be submitted in plain envelopes clearly marked "Proposal, not to be opened until
    (state time and date)”. The RFP shall state the time and date that proposals shall be opened, and no
    proposals shall be opened before that time. Public opening is not required.

B. Proposals are to be evaluated based on criteria appropriate for the project in question, and the
    contract will be awarded to the vendor whom the Superintendent and Board deem best able to meet
    the requirements of the school unit.

Legal Reference: 5 MRSA § 1743-A
                          20-A MRSA §§ 1001.14, 5401.13 D; 5402
                          § 13 c (Maine State Board of Education Rules for School Construction Projects)

DATE ADOPTED: September 3, 2003