Page 13 - Lozano Smith Property Checklist
P. 13

If an oral bid is the highest bid, it does not need to be accepted unless it exceeds the
                       written bids by at least 5%.

                      The bid may be accepted at an adjourned meeting of the Board within ten days of the bid
                       opening.  (Ed. Code § 17475.)

                   The District may seek a waiver of the competitive bidding requirements from the State Board
                   of Education.  (Ed. Code § 33050.)  In recent years, the State Board has been granting some
                   waivers of the competitive bidding requirement, particularly where a district intends to sell
                   property to a developer, including when the sale is contingent on the developer’s obtaining
                   entitlements to build on the property.  In such circumstances, the district may prefer the
                   buyer most qualified to seek and obtain those entitlements, rather than the highest bidder in
                   all instances.  Such waivers have not, however, exempted districts from the various notice
                   requirements set forth above, and certain public process is still required, including use of a
                   request for proposal and a waiting period for public input after proposals are received.

                   To request a waiver, the District must do the following:

                      Enable the employees’ unions to participate in the development of the waiver.  (Ed. Code
                       § 33050 (d).)

                      Hold a public hearing on the issue.  (Ed. Code § 33050 (a).)

                      Submit an application to the State Board of Education.

               VIII. Exceptions
                   The District may bypass the above described notification and bidding procedures in several
                   situations, including the following:

                      Child Care and Development Services (Ed. Code § 17458):  The District may sell or lease
                       any surplus real property to any contracting agency exclusively for the delivery of child
                       care and development services (as defined in Ed. Code § 8208), for not less than five

                      30 Days (Ed. Code § 17480):  The District may lease any property for a period not
                       exceeding 30 separate or consecutive calendar days in each fiscal year.

                      Residences (Ed. Code § 17481):  The Board, by a two-thirds vote of its members, may
                       lease school district property with a residence which cannot be developed for District
                       purposes because of the unavailability of funds for a term not exceeding three months.

                      Historic Buildings (Ed. Code § 17482):  The Board may sell or lease a building that has an
                       historic value, and the site upon which the building is located, for fair market value to

                                 Checklist for Sale or Lease of School District Surplus Property   11
   8   9   10   11   12   13   14   15   16