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
           $10,000.00 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 $10,000.00. 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: July 1, 2003
DATE REVISED: August 21, 2003