Competitive bidding under the following procedures shall be undertaken in all construction and renovation work.
Adoption Date: September 05, 1967
Last Revised: September 24, 1986
- Definitions "Bidder" means any person, entity, firm, corporation, partnership or business submitting a bid to perform work for and/or furnish materials, supplies or equipment to the school district.
- Solicitation for bids Bidders may be solicited by advertisements in The Daily Journal or other acceptable trade journals, or the district may at its option pre-qualify contractors for indicated projects by publication of notice to contractors listing the architect, name of project, brief description of project, estimated construction cost and approximate bid date for each project. A pre-qualification form shall be supplied to each interested contractor. Contractors submitting the pre-qualification form shall be evaluated to determine the most qualified contractors as provided in Section 7 below. The number of contractors selected to bid shall be fixed by the district on the basis of pre-qualification applications submitted. Pre-qualified contractors shall be advised which contractors have been selected to bid the project. When the project is released for bidding, an invitation to bid shall be sent to each contractor selected to bid the project. A notice to subcontractors shall be advertised in The Daily Journal or other acceptable trade journal setting forth the project being bid and the contractors pre-qualified to bid the work. The bid of a contractor not pre-qualified shall not be accepted for work on the project under this option.
- Provision of plans and specifications The architect, engineer and/or district representative shall have available in his office a set of plans and specifications and may place a set in the plan rooms of the selected trade publications for inspection by interested parties. A set of the plans and specifications as prescribed by contract shall be made available to any interested contractor on deposit of such amount as has been determined by the architect and/or engineer. The plans, specifications and/or project manuals shall be strictly adhered to and complied with by a bidder and the same shall be part of the bid package submitted by a bidder.
- Time for presentation of bids The notice to bid shall designate a specific time and place for the submission of bids and the bid opening. Sufficient time shall be allowed between publication of notice to bid and date of submission of firm bids to allow contractors to secure all sub-bids necessary to formulate a firm bid.
- Deposit or bid bond A bidder shall be required to furnish evidence of good faith by depositing with the bid a certified check or bid bond to insure bids will be kept firm for a certain specified time as determined by notice to bid. Cancellation of bid may be considered as sufficient justification for forfeiture of bond. The bid bond shall be unconditional and unqualified with surety acceptable to the owner in an amount as specified in the invitation to bid or an amount equal to at least five percent of the amount of the bid. This bond with surety shall be forfeited if the contractor fails to properly enter into a contract with the school district in accordance with the bid.
- Pre-bid conference A pre-bid conference may be held approximately one week before bids are to be opened. The purpose of this meeting shall be to review the bidding procedure and the non-technical specifications and to receive bidders' questions. Questions presented shall be answered either through the pre-bid conference letter or through an addendum or addenda to the plans and specifications. A confirmation letter shall be sent to those attending the pre-bid conference and to all bidders. The letter shall include all questions that were asked. If a question can be answered at the meeting requiring no change in the plans or specifications, the answer shall be included in the letter. If the answer requires a change in the plans or specifications or a clarification by addendum or addenda to the plans and specifications, the letter shall make reference to the addendum or addenda. The addendum or addenda shall become part of the bid package submitted by the bidder and shall be adhered to and complied with by the bidders. Addendum or addenda shall be issued no later than three working days prior to the bid receipt. No telephone addendum or addenda shall be allowed. Bidders shall formally acknowledge receipt of the addendum or addenda.
- Determining qualifications of bidders
Bidders shall be fully qualified and capable of completing the proposed work. All bidders may be required to furnish qualification data for consideration by the Board which shall include but not be limited to the following:
- Certified financial statement
- Affidavit of description of equipment
- Affidavit listing successfully completed projects
- Organizational chart
- Affidavit of length of time in the particular business
- Affidavit of work currently in progress
- References with addresses, telephone numbers and projects performed for each particular reference
- List of vendors or suppliers extending credit to the bidder
- Bank references
- Name of bonding company
- Any other information and data having bearing on the qualifications of the bidder
- Receiving and opening bids All bidders shall submit sealed bids with the required deposit which shall be received by either the owner or the architect and/or engineer as is determined in the invitation to bid. All bids shall be opened and read publicly and tabulated at the time and place so specified. Bids may be withdrawn only in the event of a material mistake of fact in the bid and where after discovery of the mistake the bidder acts promptly in his request to withdraw the bid and then only with the consent of the Board after recommendation of the architect and/or engineer and upon advice of counsel.
- Award of contract Bids received shall be evaluated as may be necessary or required including consideration to project estimate and budget figures. The bidders qualifications shall be reviewed. Thereafter, the bid tabulation with recommendations of the owner's representative shall be submitted to the Board for its consideration. The Board shall consider, review and evaluate all bids and supporting documents including bid bonds and may select a contractor to perform the work or supplier to furnish materials, supplies and/or equipment. The Board shall then issue a notice of award and instructions to proceed to the successful contractor or supplier subject to execution of the formal contract documents. Formal contracts shall be executed with the successful bidder on forms provided by the architect and/or engineer and approved by legal counsel and the Board. General conditions of the contract shall be those contained in AIA Document A101 or as otherwise deemed appropriate. Additional detailed provisions essential to the contract shall be attached to and made part of the AIA Document or general conditions. Contract documents shall be signed by the president and secretary of the Board for the owner and by the principal officers or owners of the successful bidding firm. Work under the contract shall not commence until contract documents have been executed and the contractor has furnished required performance bond, labor and material bond and certificate of insurance as required by the contract.
- Authority of owner The Board shall reserve the right to reject any or all bids, to waive irregularities in bidding procedure or requirements and to accept any bid deemed desirable. A bidder may be required to submit a non-collusion affidavit.
| Legal References: | C.R.S. 24‑91‑102 through 24‑91‑110 (Construction Contracts with Public Entities) |