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. Then the Announcer 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. Announcer formally closes the proposal 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 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);
• CM Procedures Manual, section 10-Bid Opening; 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 rec'd 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• Public Contract Code, section 10767 (Bids may be withdrawn prior to scheduled bid opening time, but they may not be withdrawn after that time.)
  
• Gov. Code, section 6250 et seq. (once opened bid becomes public record)
  

Forms/Templates:

• Bid Proposal Package
  
• Abstract of Bids
  
• Technical Proposal Evaluation Worksheet
• Abstract of Fee Proposals

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' / 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 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:

• SUAM sections 9774 and 9774.02
• Statewide SB/DVBE Advocate Toolkits:
1. Chapter V, Small Business Program
2. Chapter VI, Disabled Veteran Business Enterprise Program

Both toolkits are available on the DGS website, under Advocate Resources at: http://www.dgs.ca.gov/pd/Programs/OSDS/advocate.aspx.

Forms/Templates:

• Abstract of Bids
  
• Full DVBE Documentation Package: DVBE-T
  
• DVBE-1
  
• DVBE-2
  
• STD 843
  

Project Bid Analysis

Description

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

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."

Bids Exceed Budget: In the event a qualified, responsible low proposal on a major capital outlay project exceeds the project budget, follow the Chancellor's Office-CPDC Bid Overrun Analysis Policy No. 2. This policy memo is in SUAM Appendix D. If the Construction Administrator determines that the project budget has overrun, Construction Administrator may reject all bids, make changes to the RFP documents, and quickly move to rebid to the short listed proposers, done via addendum, although this may be impractical and non-productive for a TOCA solicitation. This must be done within 5-7 business days or the project must be readvertised and a new shortlist shall be developed.

References:

• SUAM sections: 9770 (Mistake in Bid)
  
• 9771 (Waiver of Irregularities)
  
• 9772 (Tie Bids)
  
• 9773 (Rejection of Bids/Rebid)
  
• 9774 (Evaluation of Bids/Award of Contract)
  
• CM 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 2-7, identify bid savings, if any, 
• Bid Overrun Analysis, issue Request for Approval to Award with all back-up documentation to Planner.
• Chancellor's Office-CPDC Bid Overrun Analysis Policy No. 2
  

Determination of Successful Proposer / Bid Protests

Description:

Determination of Successful Proposer: If the fee proposal comes in within budget, proposal 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 may proceed to award the Phase 1 contract. 

Bid Protest: If one of the proposers 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:

• SUAM sections 9774, 9775
• CM Procedures Manual, section 11-Project Bid Analysis
• Law of Design & Construction, Dec. 2017-Secion IX, Awarding the Contract, Item G, Protests (p. 40). PCC section 10780

Forms/Templates:

• Request for Approval to Award