(1)(a) As soon as practicable after any bond issue has been voted upon and authorized
or funds have been made available for the construction, remodeling, renovation, demolition,
or otherwise for the improvement, of any educational or ancillary plant, and after
plans for the work have been approved, the board, if competitively bidding the project
pursuant to s. 1013.45, after advertising the same in the manner prescribed by law or rule, shall award
the contract for the building or improvements to the lowest responsible bidder. However, if after taking all deductive alternates, the bid of the lowest responsible
bidder exceeds the construction budget for the project established at the phase III
submittal, the board may declare an emergency. After stating the reasons why an emergency exists, the board may negotiate the construction
contract or modify the contract, including the specifications, with the lowest responsible
bidder and, if the contract is modified, shall resubmit the documents to the authorized
review authority for review to confirm that the project remains in compliance with
building and fire codes. The board may reject all bids received and may readvertise, calling for new bids.
(b) Each board may declare an emergency pursuant to this subsection. A situation created by fire, storm, or other providential cause resulting in:
1. Imminent danger to life or safety; or
2. Overcrowding of students
constitutes an emergency.
(c) As an option, any county, municipality, or board may set aside up to 10 percent
of the total amount of funds allocated for the purpose of entering into construction
capital project contracts with minority business enterprises, as defined in s. 287.094. Such contracts shall be competitively bid only among minority business enterprises. The set-aside shall be used to redress present effects of past discriminatory practices
and shall be subject to periodic reassessment to account for changing needs and circumstances.
(2) Boards shall prequalify bidders for construction contracts. Boards shall require that all construction or capital improvement bids be accompanied
by evidence that the bidder holds an appropriate certificate or license or that the
prime contractor has a current valid license.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.