School districts must contract for various professional services to complete capital construction projects.
Professional services involve architects, engineers, surveyors, and attorneys.
Other services involve a clerk of the works and construction managers for various supervision activities. The General Municipal Law does not require that such services be bid, and generally school districts do not solicit proposals or bids when procuring such services. OSC also points out that even when an exception to competitive bidding applies the courts have generally held that an award must still be made in the best interests of the public. An effective way to award contracts for professional services is to award them only after a minimum number of professionals are contacted and asked to submit written proposals. An evaluation of an RFP can consider price, plus other factors like experience, staffing and suitability for needs and may include negotiations on a fair and equal basis.