Vermont § 559 - Public bids

§ 559. Public bids

• (a) Cost threshold. When the cost exceeds $40,000.00, a school board or supervisory union board shall
  publicly advertise or invite three or more bids from persons deemed capable of providing
  items or services if costs are in excess of $40,000.00 for any of the following: (1) the construction, purchase, lease, or improvement of any school building; (2) the purchase or lease of any item or items required for supply, equipment, maintenance,
  repair, or transportation of students; or (3) a contract for transportation, maintenance, or repair services. (b) High-cost construction contracts. When a school construction contract exceeds $2,000,000.00: (1) The State Board shall establish, in consultation with the Commissioner of Buildings
  and General Services and with other knowledgeable sources, general rules for the prequalification
  of bidders on such a contract. The Department of Buildings and General Services, upon
  notice by the Secretary, shall provide to school boards undergoing construction projects
  suggestions and recommendations on bidders qualified to provide construction services. (2) At least 60 days prior to the proposed bid opening on any construction contract to
  be awarded by a school board that exceeds $2,000,000.00, the school board shall publicly
  advertise for contractors interested in bidding on the project. The advertisement
  shall indicate that the school board has established prequalification criteria that
  a contractor must meet and shall invite any interested contractor to apply to the
  school board for prequalification. All interested contractors shall submit their qualifications
  to the school board, which shall determine a list of eligible prospective bidders
  based on the previously established criteria. At least 30 days prior to the proposed
  bid opening, the school board shall give written notice of the board’s determination
  to each contractor that submitted qualifications. The school board shall consider
  all bids submitted by prequalified bidders meeting the deadline. (c) Contract award. (1) A contract for any such item or service to be obtained pursuant to subsection (a)
  of this section shall be selected from among the three or fewer lowest responsible
  bids conforming to specifications, with consideration being given to quantities involved,
  time required for delivery, purpose for which required, competency and responsibility
  of bidder, and the bidder’s ability to render satisfactory service. A board shall
  have the right to reject any or all bids. (2) A contract for any property, construction, good, or service to be obtained pursuant
  to subsection (b) of this section shall be awarded to the lowest responsible bid conforming
  to specifications. However, when considering the base contract amount and without
  considering cost overruns, if the two lowest responsible bids are within one percent
  of each other, the board may award the contract to either bidder. A board shall have
  the right to reject any bid found not to be responsible or conforming to specifications
  or to reject all bids. (d) Construction management. The school board may contract for the service of construction management to assist
  in a school construction project. The State Board, in consultation with the Commissioner
  of Buildings and General Services and other knowledgeable sources, shall adopt rules
  defining the term “construction management” and specifying the nature of bidding requirements
  under construction management services in order to assist school boards to comply
  with the public bidding requirements of this section. (e) Application of this section. Any contract entered into or purchase made in violation of the provisions of this
  section shall be void; provided, however, that: (1) The provisions of this section shall not apply to contracts for the purchase of books
  or other materials of instruction. (2) A school board may name in the specifications and invitations for bids under this
  section the particular make, kind, or brand of article or articles to be purchased
  or contracted. (3) Nothing in this section shall apply to emergency repairs. (4) The provisions of this section shall not apply to contracts for the purchase of food
  made from a nonprofit school food services account. (5) Nothing in this section shall prevent school districts or supervisory unions from
  entering into agreements with other school districts or supervisory unions to conduct
  joint bidding procedures otherwise consistent with this section. (6) Nothing in this section shall require a school board to invite or advertise for bids
  if it elects to purchase goods, materials, or supplies through the Commissioner of
  Buildings and General Services, pursuant to 29 V.S.A. chapter 49. (7) Nothing in this section shall require a school board or supervisory union board to
  invite or advertise for bids if it is renewing a contract entered into pursuant to
  subsection (a) of this section, provided that annual costs will not increase more
  than the most recent New England Economic Project Cumulative Price Index, as of November
  15, for State and local government purchases of goods and services, the total amount
  of the contract does not exceed an increase of 30 percent more than the total amount
  of the original contract, and the contract for the renewal period allows termination
  by the board following an annual review of performance. (f) Waivers. The State Board shall by rule adopt standards governing the authority of the Secretary
  to grant individual waivers to the provisions of this section. The rules, at minimum,
  shall require the school board seeking the waiver to demonstrate to the Secretary
  that it is unable to comply with the bidding procedure through no fault of its own,
  and that it has proposed an alternative method of minimizing costs through a fair
  and public process. (g) Violations. The State Board may deny State aid for school construction and for debt service on
  a project that proceeds in violation of this section. (Added 1969, No. 298 (Adj. Sess.), § 36; amended 1971, No. 232 (Adj. Sess.), § 1, eff. April 5, 1972; 1989, No. 188 (Adj. Sess.), § 3; 1993, No. 233 (Adj. Sess.), § 75, eff. June 21, 1994; 1995, No. 185 (Adj. Sess.), § 86, eff. May 22, 1996; 1999, No. 77 (Adj. Sess.), § 1; 1999, No. 148 (Adj. Sess.), § 76, eff. May 24, 2000; 2003, No. 12, § 1; 2005, No. 54, § 3; 2007, No. 66, § 3; 2013, No. 92 (Adj. Sess.), § 66, eff. Feb. 14, 2014; 2017, No. 63, § 2; 2019, No. 34, § 5; 2019, No. 131 (Adj. Sess.), § 63; 2021, No. 72, § 8, eff. June 8, 2021; 2023, No. 149 (Adj. Sess.), § 6, eff. July 1, 2024; 2025, No. 72, § 4, eff. June 27, 2025.)