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72-1151. School district expenditures over $20,000; requirements relating to bids and bidders; exemptions. (a) Except as provided by this section and K.S.A. 72-6760b, no expenditure involving an amount greater than $20,000 for construction, reconstruction or remodeling or for the purchase of materials, goods or wares shall be made by the board of education of any school district except upon sealed proposals, and to the lowest responsible bidder.

(b) The provisions of subsection (a) do not apply to expenditures by a board of education for the purchase of:

(1) Services;

(2) products required to be purchased under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto;

(3) educational materials directly related to curriculum and secured by copyright;

(4) motor fuels required to provide or furnish transportation;

(5) food and foodstuffs necessary for the implementation or operation of any child nutrition program;

(6) articles or products that are produced, manufactured or provided by inmates under the prison-made goods act of Kansas;

(7) natural gas that will be consumed in buildings owned or operated by the school district;

(8) materials, goods or wares required for reconstructing, remodeling, repairing or equipping buildings when such purchase has been necessitated by the occurrence of a loss against which the board of education has purchased property or casualty insurance; and

(9) materials, goods or wares which are purchased:

(A) From vendors who have entered into contracts with the state director of purchases pursuant to state purchasing statutes for purchases by state agencies;

(B) under the same pricing provisions established in the state contracts, subject to agreement of the vendor to honor the state contract prices; and

(C) under the same pricing provisions established in federal, national or other state contracts facilitated by a federal or local governmental entity or agency, subject to:

(i) Agreement of the vendor to honor the contract prices; and

(ii) approval by the board of education for expenditures in an amount greater than $20,000.

(c) Whenever the board of education of any school district lets bids for the purchase of materials, goods or wares and bids are submitted by bidders domiciled within the school district and by bidders domiciled outside the school district and the low bid is submitted by a bidder domiciled outside the school district, the school district domiciliary which submitted the lowest bid may be deemed the preferred bidder and awarded the bid if:

(1) The quality, suitability and usability of the materials, goods or wares are equal;

(2) the amount of the bid of the school district domiciliary is not more than 1% greater than the amount of the low bid; and

(3) the school district domiciliary agrees to meet the low bid by filing a written agreement to that effect within 72 hours after receiving notification of being deemed the preferred bidder.

(d) The provisions of subsection (c) do not apply to expenditures for construction, reconstruction or remodeling.

History: L. 1963, ch. 393, § 27; L. 1969, ch. 334, § 2; L. 1974, ch. 308, § 1; L. 1979, ch. 231, § 1; L. 1982, ch. 297, § 1; L. 1986, ch. 273, § 1; L. 1989, ch. 217, § 1; L. 1990, ch. 256, § 1; L. 1991, ch. 226, § 10; L. 1999, ch. 86, § 1; L. 2002, ch. 183, § 2; L. 2003, ch. 53, § 2; July 1.

Source or Prior Law:

72-6760.

Cross References to Related Sections:

Prompt payment for goods and services, see 75-6401 et seq.

Procedures for correction of public improvement project bids based on mistakes, see 75-6901 et seq.

Attorney General's Opinions:

Rural water districts; competitive bids on construction projects; rejection of lowest bid. 88-45.

Board of technical professions (architects); rules and regulations; specifications; public policy. 90-23.

Subject and title of legislative bill; two subjects in bill discussed. 91-82.

School district expenditures over $10,000; requirements relating to bids and bidders; exemptions; architectural services. 91-108.

Organization order for unified school district; affirmative action contracting program. 92-3.

School district expenditures over $10,000; bids; exemptions; services. 93-8.

Acceptance of bids on certain expenditures over $10,000; negotiation with lowest bidder to bring cost within district's estimate. 97-100.

School district may use Quality Zone Academy Bond proceeds for academy purposes but may not mortgage public property. 2005-22.

Cited in opinion discussing procedures and public works bonds in construction manager at risk school projects. 2008-9.

CASE ANNOTATIONS

1. Statute does not require soliciting of sealed bids for rendering of services. D-1 Constructors, Ltd. v. U.S.D. No. 229, 14 Kan. App. 2d 245, 247, 788 P.2d 289 (1990).


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