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, the 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, at least two people serve as the Announcer and the 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 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 provides 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 and published or otherwise distributed for the proposers.
Once opened, a fee proposal submitted under this procedure becomes a public record.
References:
Forms & Templates:
Small Business Enterprise (SBE) Preference and Disabled Veteran Business Enterprise (DVBE) Incentives
Description: Using the Abstract of Bids Form 707.01CM, the Announcer and Recorder, after documenting all the bidders/ proposers' information on the abstract, must determine who the highest scorer is, prior to calculating small business preference and Disabled Veteran Business Enterprise (DVBE) bid incentives. If highest scorer 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 highest scorer SBE.
If highest scorer 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 highest scorer after applying the SBE bid preference, then only SBE bidders qualify for DVBE incentives.
If highest scorer is not an SBE, then all SBE and NSB qualify and shall first be given the SBE preference. If highest scorer is not an SBE, then calculations of the DVBE preference shall be done for all bidders.
Full DVBE documentation and the List of Trade Contractors for CM at Risk Projects, form 700.04A.CM, is due from the CM when CM submits its GMP. Failure to submit this documentation is grounds for Trustees'.deeming your GMP nonresponsive, and thus eligible for a penalty assessment as identified in the Contract Documents (CGC-CM at Risk, Article 2.09-c).
References:
Forms & Templates:
Project Bid Analysis
Description:
Project Proposal Analysis: After the fee proposal opening, the Construction Administrator reviews all proposals received, especially the apparent highest scorer, to make sure the bid is complete and responsive to the contract requirements.
The Construction Administrator will then check that the following forms are executed properly:
- noncollusion affidavit
- certification of appropriate license (Department 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 a copy of the 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.
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 that a qualified, responsible, highest-scoring 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, the 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. This must be done within five to seven business days or the project must be readvertised and a new shortlist shall be developed.
References:
Forms & Templates:
Determination of Successful Proposer / Bid Protests
Description:
Determination of Successful Proposer: If the fee proposal comes in within budget, has been properly signed, the Construction Administrator has reviewed all requisite documents that have been submitted, the bidder's contracting license and Department of Industrial Relations (DIR) registration are current and appropriate, the Construction Administrator may then proceed to award the Phase 1 contract.
Bid Protest: If one of the proposers 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 Office of General Counsel and CPDC Construction Services to ensure a proper response to the protest.
References:
Forms & Templates: