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• Any award of a contract made by a board of education after advertisement must be
according to the terms advertised to prospective bidders.
• Each bidder shall be compelled to conform to every substantial condition imposed
upon other bidders.
• After a contract has been awarded, a bidder cannot be relieved from conforming to the
conditions imposed upon him or her in the specifications, and cannot substitute
something which does not conform to the specifications.
• A board of education cannot reject a bid of the lowest bidder upon the ground that he
or she is not responsible without giving him or her a hearing upon the facts. To
determine that a bidder is not responsible, the board of education must find as a fact,
after notice and a public hearing, that the bidder is so lacking in experience, financial
ability, equipment and facilities to justify that he or she would be unable to carry out
the contract, if awarded.
• The lack of ability upon the part of a contractor to work in harmony or the board of
education's inability to enforce the terms of a previous contract cannot be controlling
factors in determining the bidder's responsibility. Disputes involving controverted
questions of fact with reference to the performance of a previous contract do not
constitute grounds for declaring a bidder irresponsible, if such disputed matters can be
taken care of under a contract properly safeguarding the public interest with a
contractor who is financially responsible.
• Boards of education may disqualify a bidder, by resolution approved by a majority of
the board of education, because of prior negative experience. The disqualification
may be for a reasonable, defined period of time not to exceed 3 years.
• Prior negative experience means any of the following:
1. The bidder has been found to be nonperforming under the contract, after a hearing
which shall include the bidder, the superintendent of schools, and the executive
county superintendent of schools.
The executive county superintendent shall make the determination regarding
nonperformance. The decision may be appealed to the Commissioner and the
State Board, as provided by law.
2. The bidder defaulted on the contract requiring the board of education to utilize the
services of another contractor.
3. The bidder defaulted on the contract requiring the board of education to look to
the bidder’s surety bond for satisfaction of the contract.