Bid Packages and Addenda
Description:
Bid proposal package for JOC includes the following forms:
Contractors shall list all subcontractors when submitting each project proposal using the Gordian software, which contains the subcontractor listing documents.
Confirm Proposer License/DIR Reg: Bid packages are assembled by the campus bidding office. Prior to issuing a bid proposal package, the Campus bidding office must confirm that bidder is: registered with DIR to bid public works projects, appropriately licensed by CSLB, and prequalified with CSU. The campus shall confirm bidder's prequalification status, after which campus may then issue a bid proposal package. Campus shall not post bid packages online without the "Sample" overlay on the bid form.
Addenda: If necessary Construction Administrator must issue an addendum to address any deficiency in the bid documents. If addendum contains material changes, it must be distributed not later than 72 hours prior to bid by law, and by policy, 5 working days.
References:
Forms & Templates:
Bid Opening
Description:
In the bid advertisement (notice to contractors-JOC, form 700.04J), the campus inputs the date and time for the public bid or fee proposal opening, prior to which the bidder must tender their bids. No bids may be accepted after the time set for opening bids.
Process: For opening bids, there is an Announcer & Recorder. At the designated time proceed to open each bid package and document for each bidder that all the requisite documentation is enclosed, and record this information on the abstract. Then the Announcer states the bid amounts and alternative bid or unit price amounts for each bidder, 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. Announcer formally closes the bid opening, and advises that: all documents required to be submitted within 24 hours of bid opening will be checked; all SBE/DVBE certifications will be checked. The Announcer will provide the location where the final tabulation of bids will be posted. Announcer will also open a Question Period where the Announcer will field questions about the bids only. When all bids / proposals are reviewed for accuracy, the abstract shall be signed.
Once opened, a bid submitted under this procedure becomes a public record.
References:
Forms & Templates:
- Bid Proposal Package includes the following for JOC
Small Business Preference / DVBE Incentives
Description:
Using the Abstract of Bids form that is posted on the Chancellor's Office CPDC website, the Announcer and Recorder, after documenting all the bidders' information on the abstract, must determine who the low bidders, prior to calculating small business preference and Disabled Veteran Business Enterprise (DVBE) bid incentives. If 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. Recorder shall calculate the DVBE bid incentive for SBEs only, as only an SBE may displace the low bidder SBE.
If 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 low bidder after applying the SBE bid preference, then only SBE bidders qualify for DVBE incentives.
If low bidder is not an SBE, then all SBE and NSB qualify and shall first be given the SBE preference. If 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 Bid Analysis: After bid opening, Construction Administrator reviews all bids received, especially the apparent low bid to make sure the bid is complete and responsible to the contract requirements. Construction Administrator will also review cost, unit pricing (if used), and that the following forms are executed properly: list of subcontractors, bid bond, noncollusion affidavit, certification of appropriate license-Dept. of Industrial Relations (DIR) registration-California company (checking DIR, Contractors State License Board (CSLB) websites 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), and claims for Small Business Preference and Disabled Veteran Business Enterprise (DVBE) Incentive. Within 24 hours of bid opening, Construction Administrator should receive and review the expanded sub listing and the full DVBE documentation package. Failure to submit this documentation is grounds for Trustees' rejection of bids.
Failure to List Subcontractor: Occasionally a contractor who is properly licensed to receive a bid package and bids the project, may fail to list a subcontractor for a major portion of the work. In this case the contractor must self-perform the work (Public Contract Code sections 4106, 4107-c) or pay a penalty of up to 10% of the amount of the subcontract to the Trustees (Public Contract Code section 4110). In order to self perform the work the contractor shall add a properly licensed person to its payroll, known as a Responsible Managing Employee, or RME. Construction Administrator shall follow up with CSLB to see if contractor hired an RME, and that the RME meets the licensing requirements. 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. Bus. & Prof. 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 CSU "shall specify the classification of the contractor's license which a contractor shall possess at the time a contract is awarded."
References:
Forms & Templates:
Determination of Successful Bidder / Bid Protests
Description:
Determination of Successful Bidder: If the bid comes in within budget, bid has been properly signed, Construction Administrator has reviewed all requisite bid documents that have been submitted, that bidder's contracting license and Dept. of Industrial Relations (DIR) registration are current and appropriate, subs are properly licensed and registered with the DIR, then Construction Administrator will make a determination of a successful bid, and proceed to award of contract.
Bid Protest: If one of the bidders files a bid protest, Construction Administrator must quickly review and respond to the letter, so as not to hold up the project. Construction Administrator should work with Office of General Counsel and CPDC Construction Services to ensure a proper response to the protest.
References:
Forms & Templates:
- Request for Approval to Award