Section 5-E3703. COMPETITIVE SEALED BIDDING

 

3703.1Contracts exceeding the amount provided by § 3707 shall be awarded by competitive sealed bidding unless it is determined in writing by the Superintendent or his or her delegee that this method is not practicable.

 

3703.2Factors to be considered in determining whether competitive sealed bidding is not practicable shall include the following:

 

(a)Whether specifications can be prepared that permit an award on the basis of either the lowest bid price or the lowest evaluated bid price; and

 

(b)Whether the available sources, the time and place of the performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.

 

3703.3The Invitation for Bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated bid price.

 

3703.4If the lowest evaluated bid basis is used, the objective measurable criteria to be utilized shall be set forth in the Invitation for Bids.

 

3703.5Adequate public notice of the Invitation for Bids shall be given at a sufficient time prior to the date set forth in the Invitation for Bids for the opening of bids.

 

3703.6Adequate public notice under § 3703.5 may include publication in a newspaper of general circulation.

 

3703.7Bids shall be opened publicly at the time and place designated in the Invitation for Bids. Each bid, together with the name of the bidder, shall be recorded and be open to public inspection.

 

3703.8The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price or lowest evaluated bid price; provided, that this shall not preclude the school system, subsequent to the issuance of the Invitation for Bids, from making changes in quantities, specifications, delivery schedules, opening dates, and other matters by amendment to the Invitation for Bids, if necessary.

 

3703.9Notwithstanding the provisions of § 3703.8, the school system may cancel an Invitation for Bids if that cancellation is in the public interest, or where there is no longer a requirement for the material or service, or where amendments to the Invitation for Bids would be of such magnitude that a new Invitation for Bids is desirable.

 

3703.10In the event of a cancellation, bids that have been received shall be returned unopened to the bidders and a notice of cancellation shall be sent to all prospective bidders to whom the Invitation for Bids was issued.

 

source

Final Rulemaking published at 30 DCR 3771, 3774 (July 29, 1983).