Capital and Infrastructure Improvements:

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Choose a Delivery Method:

Collaborative-Design-Build

This delivery method is a hybrid of the CMAR and DB. In the Phase 1 agreement, the owner and Design-Builder collaborate to develop a set of Design-Build documents and a Guaranteed Maximum Price (GMP) based on those documents and a Phase 2 Design-Build agreement as a product of the scope and GMP developed in Phase 1.

Construction Manager At Risk

This delivery method requires a construction manager (CM) to provide preconstruction services (Phase 1) for the design and a separate construction contract (Phase 2) to deliver the project. The design team develops the construction documents with the information provided by the owner and the CM at Phase 1. The CM commits to a Guaranteed Maximum Price (GMP) developed throughout Phase 1.

Design-Bid-Build-Major

This is the traditional method of project delivery. It involves three phases: a linear design, bidding and construction. Construction documents are developed first by a design entity. Documents are competitively bid and the project is awarded to the contractor with the lowest price who is qualified, responsive and responsible.

Design-Bid-Build-Minor

Design-Build

For this delivery method, the owner awards a single agreement for design and construction after selecting a project solution through a best value project competition.

TOCA Collaborative Design-Build

This construction contract procurement method is used for performing multiple projects as individual tasks under a single master enabling agreement. Each task can be executed as either a Construction Manager at Risk (CM TOCA) or a Collaborative Design-Build (CDB TOCA) delivery method.

TOCA Construction Manager at Risk

This delivery method is used for performing multiple projects as individual tasks under a single master enabling agreement (MEA). Each task can be executed as either a Construction Manager at Risk (CM TOCA) or a Collaborative Design-Build (CDB TOCA) delivery.

Job Order Contracts

This construction procurement uses an annual contract with a prequalified contractor to accomplish minor capital outlay maintenance, repair or improvement projects by utilizing a construction task catalog for pricing. Design services are typically separate from the JOC contract.

Collaborative-Design-Build Steps

B4. Proposal

Fee Proposal Opening

Description:

In the proposal advertisement (Notice to Contractors), the campus inputs the date for the RFQ and RFP documents to be released, public fee proposal opening, and the date and time prior to which the bidder must tender their proposals. No proposals may be accepted after the time set for receiving proposals.

Fee Proposal Opening: For opening fee proposals, there is an Announcer & Recorder. At the designated time, proceed to open each fee proposal package and document for each proposer that all the requisite documentation is enclosed and record this information on the abstract.

The Announcer then states the fee proposal amounts and alternative bid or unit price amounts (if any), along with any requested Small Business Enterprise (SBE) Bid Preferences or proposed Disabled Veteran Business Enterprise (DVBE) Incentives. The Recorder enters this information on the abstract.

The Announcer then formally closes the proposal opening and advises that all documents required to be submitted within 24 hours of bid opening will be checked and that all SBE/DVBE certifications will be checked. The Announcer will provide the location where the final tabulation of bids will be posted and will also open a Question Period where the Announcer will field questions about the fee proposals only. When all bids/proposals are reviewed for accuracy, the abstract shall be signed.

Once opened, a fee proposal submitted under this procedure becomes a public record.

References:

SUAM Sections 9750-9765 (bid opening)
SUAM Sections 9770-9774 (bid analysis)
Construction Management Procedures Manual, Section 10, Bid Opening and Section 11, Project Bid Analysis
Law of Design & Construction, Section VIII, Bidding
Public Contract Code, Section 10765 (Bid must be presented sealed)
Public Contract Code, Section 10766 (No bid may be received after time fixed for bid opening)
Public Contract Code, Section 10767 (Bids may be withdrawn prior to scheduled bid opening time, but they may not be withdrawn after that time.)
Government Code, Section 6250 et seq. (Once opened, bid becomes public record.)

Forms & Templates:

Bid Proposal Package, Abstract of Bids (See Bid section in Sample Forms section.)
Technical Proposal Evaluation Worksheet Abstract of Fee Proposals

Small Business Preference / DVBE Incentives

Description:

Using the Abstract of Bids form posted on this site, the Announcer and Recorder, after documenting all the bidders'/proposers' information on the abstract, must determine who the low bidder or high scorer is prior to calculating small business preference and Disabled Veteran Business Enterprise (DVBE) bid incentives.

If the low bidder is a Small Business Enterprise (SBE), then no other bidder is allowed the SBE bid preference, and only the SBEs qualify for the DVBE bid incentive. The Recorder shall calculate the DVBE bid incentive for SBEs only, as only an SBE may displace the low bidder SBE.

If the low bidder is not an SBE, then all SBE and Non-Small Businesses (NSB) qualify and shall first be given the SBE bid preference. If an SBE becomes the low bidder after applying the SBE bid preference, then only SBE bidders qualify for DVBE incentives.

If the low bidder is not an SBE, then calculations of the DVBE preference shall be done for all bidders.

Full DVBE documentation and the expanded subcontractor listing is due from the bidders within 24 hours of bid opening. Failure to submit this documentation is grounds for Trustees' rejection of bids.

References:

Forms & Templates:

Project Bid Analysis

Description:

Project Proposal Analysis: After fee proposal opening, the Construction Administrator reviews all proposals received, especially the apparent high scorer, to make sure the bid is complete and responsible to the contract requirements. The Construction Administrator will check that the following forms are executed properly:

noncollusion affidavit
certification of appropriate license (Department of Industrial Relations/DIR registration)
California company (checking DIR, Contractor's State License Board/CSLB sites to verify)
signed bid proposal signature page (with certification and copy of firm’s official record authorizing officers or employees of the firm to execute Contract Documents or to execute a bid submittal)
claims for Small Business Preference and Disabled Veteran Business Enterprise (DVBE) Incentive

Licensed to Bid, But Not with Requisite License: A contractor must be licensed to submit a bid to a public agency, but must have the requisite license at the time of award. California Business & Professions Code Section 7028.15 states that "it is a misdemeanor for any person to submit a bid to a public agency in order ...to act in the capacity of a contractor within this state without having a license therefore..."

Public Contract Code Section 3300 states that the CSU "shall specify the classification of the contractor's license which a contractor shall possess at the time a contract is awarded."

Bids Exceed Budget: In the event a qualified, responsible low proposal on a major capital outlay project exceeds the project budget, follow CPDC's Bid Overrun Analysis Policy No. 2. This policy memo is also in SUAM Appendix D.

If the Construction Administrator determines that the project budget has overrun, the Construction Administrator may reject all bids, make changes to the RFP documents, and quickly move to rebid to the short-listed proposers, doing so via addendum. This must be done within five to seven business days or the project must be readvertised and a new shortlist shall be developed.

References:

SUAM Sections:

Construction Management Procedures Manual, Section 11 - Project Bid Analysis
Public Contract Code, Section 4100 et seq.
Public Contract Code, Section 5100 et seq.
Business & Professions Code, Sections 7028.15, 7056(A), 7057(B), 7058(C)
Contractor State License Board, Regulation 832

Forms & Templates:

Abstract of Bids
Statement of Finance After Bids, CPDC Form 2-7, identify bid savings, if any, Bid Overrun Analysis, issue Request for Approval to Award with all back-up documentation to Planner.
Bid Overrun Analysis Policy No. 2

Determination of Successful Proposer / Bid Protests

Description:

Determination of Successful Proposer: The Construction Administrator may proceed to award the Phase 1 contract if:

the fee proposal comes in within budget
the proposal has been properly signed
the Construction Administrator has reviewed all requisite submitted bid documents and determined that the bidder's contracting license and Department of Industrial Relations (DIR) registration are current and appropriate and subcontractors are properly licensed and registered with the DIR

Bid Protest: If a proposer files a bid protest, the Construction Administrator must quickly review and respond to the letter so as not to hold up the project. The Construction Administrator should work with the CSU Office of General Counsel and CPDC Construction Services to ensure a proper response to the protest.

References:

SUAM Sections 9774, 9775
Construction Management Procedures Manual, Section 11 - Project Bid Analysis
Law of Design & Construction, May 2019 - Section IX, Awarding the Contract, Item G, Protests (p. 40).
Public Contract Code Section 10780

Forms & Templates:

Request for Approval to Award