File:  FEG - Construction Contracts Bidding and Awards

Any construction project may be advertised and competitive bids solicited.  All construction projects in excess of $5,000 shall be advertised and competitive bids solicited after plans and specifications have been approved by the Board of Education and all other required approvals received.

All projects to be bid shall be advertised in a paper of general circulation within the District at least 10 days prior to the date set for the opening of bids.  The advertisement shall state that drawings and specifications may be procured by any qualified builder interested in participating in competitive bidding for the construction of school buildings.  Pre-qualification of contractors by the District and its architects shall be acceptable.

The contract shall be awarded to the lowest and best responsible bidder whose bid is in accordance with the plans and specifications and if it is within the District's budget.

In determining contractor qualifications, the following factors shall be considered:  possession of or access to appropriate financial, material, equipment and personnel resources to meet contractual specifications and requirements; satisfactory record of performance and integrity; bonding ability and capacity; ability to meet insurance requirements, and ability to legally contract with the District.  Contractors may be required to provide specific information necessary to establish qualifications.

The Board or its designee shall take the bids under advisement rather than arriving at an immediate selection, allowing ample time for careful study by the architect, school administrative officials and the attorney for the School District.

The Board or its designee reserves the right to reject any and all bids in whole or in part, to waive irregularities or technicalities and to accept the bid which appears to be in the best interest of the District.

Whenever two or more bids of equal amount are the lowest submitted by qualified bidders pursuant to the advertisement, the Board or its designee may award the contract to any one of the bidders as it may determine by the exercise of its discretion.

The Board shall not enter into a construction contract unless an appropriation has been made for the project as required by law.

The contractor shall receive monthly payments for the work completed less a percentage to be determined to ensure completion.  The final payment shall be due only after the acceptance of the project by the Board or its designee completion of the items to be corrected and following publication as provided by State law.

Adopted August 22, 1995

Revised April 24, 2012

LEGAL REFS.: C.R.S. 24-18-201

C.R.S. 24-91-101 et seq. (Construction Contracts with Public Entities)

C.R.S. 38-26-101

C.R.S. 38-26-105

C.R.S. 38-26-106

CROSS REF:   BCB, Board Member Conflict of Interest

FEGB, Contractor's Affidavits and Guarantees