Frequently Asked Questions

The contract holder (farmer) is responsible for pu􀆫ng bids out and ul􀆟mately holds the contract with the contractor. Districts are responsible for ensuring that the farmer follows statewide guidance during the procurement process. Ul􀆟mately, districts should put processes in place to closely monitor and document compliance.

The approved ACAP Bidding Requirements Document describes bidding requirements in detail. Projects between $10,000 and $250,000 require documented price and/or rate quotes. Projects exceeding $250,000 require sealed bids.

Bidding requirements are triggered based on the amount of the ACAP funding expended toward the project. If mul􀆟ple funding sources are being used to pay for the project, only the amount of ACAP program funding will be considered to determine the type of procurement method required (should the other funding sources not also be subject to bidding requirements). For example, if a project is expected to be quoted at greater than $250,000, but the amount of ACAP funding for this contract will be less than $250,000, small purchase procedures can be followed, and sealed bids are not required.

The SCC recommends that a minimum of 3 quotes be solicited. A good-faith effort must be made to accept and document quotes. If less than 3 quotes are obtained, contact the SCC for approval.

Under Uniform Guidance, non-Federal en􀆟􀆟es must comply with the more restric􀆟ve of the Federal, state, and en􀆟ty-level requirements. If your county has more restric􀆟ve requirements, they must be followed.

For projects where ACAP funds exceed $250,000, public advertising is required.

For projects where ACAP funds exceed $250,000, a public bid opening is required.

No, the bids must only be opened publicly and recorded.

Yes, the farmer must accept the lowest responsive and responsible bidder when using the sealed bids procurement method. For other procurement methods, the lowest quote should be accepted unless there is good cause for declining their quote. If the farmer requests to accept a quote that is not the lowest, contact the SCC for approval.

No, but bid, performance, and payment bonds are recommended for projects exceeding $10,000.

No.

No.

Follow the guidelines for the farmer like any other contractor. If the project is less than $250,000, good faith must be made to obtain quotes for the project. If the project exceeds $250,000, a sealed bid process must be followed. The farmer can submit bids for the work; if they are the lowest responsible bidder, they can be awarded the job. It is recommended that the district develop a policy regarding how much farmers can be reimbursed for their labor.

Unlike prevailing wage requirements, bidding is considered per contract, not the en􀆟re project's value. If you intend to solicit services comple􀆟ng a por􀆟on of the project or planned prac􀆟ces, follow the procurement guidelines based on the value of those services. Each resul􀆟ng award will require that records are kept documen􀆟ng the procurement methods used and the ra􀆟onale behind the ac􀆟on. This type of procurement for services is likely when the farmer acts as the general contractor for the project.

All materials, supplies, equipment, and services required to complete the project are subject to procurement thresholds outlined in the ACAP bidding requirements document. If a farmer intends to be the contractor, procurement thresholds for items such as materials, supplies, equipment rental, etc., may need to be considered. Follow the thresholds in the approved ACAP bidding requirements document to determine if micro-purchase, small purchase, or sealed bids will be required.

It is cri􀆟cal for the farmer to have a well prepared and binding contract with the supplier or contractor to ensure the successful and 􀆟mely delivery of services. Districts can provide farmers with template contracts for use that should be tailored to each individual project.