PROCEDURES FOR BID AND AWARD OF

 

CONSTRUCTION & PROFESSIONAL CONTRACTS

The competitive bid process used by the University is that designated in Act 57 of 1998 and the policies of the Board of Governors of the State System of Higher Education.

The following information is provided as a summary of part of the requirements outlined in purchasing procedures developed by Clarion University in accordance with the above referenced policies and manuals issued by the State System of Higher Education's Construction Support Office to all universities as guidelines for accomplishing construction and professional contracting. The procedures listed herein are provided as information only and should not be regarded as a complete listing of the requirements of Act 57, the University or the State System. All information contained herein is subject to revision at the discretion of the University as dictated by changes in legislation and/or State System or University policy.

Construction Contracts:

I.  ADVERTISING

           A.      All contracts over $25,000 and contracts less than this amount for which it is determined a wider distribution of solicitation is warranted will be advertised in the Pennsylvania Bulletin. The Bulletin is a statewide publication of the Department of General Services which lists proposed changes to existing laws and agencies, permits issued and advertisements for service and construction projects that are out for bid by all state agencies.  In December 2001, DGS announced that not all projects may appear in their written volume but would would be posted on their web page,   http://www.dgs.state.pa.us/   This web page shall be considered the official notice for contracts regardless of when the written version shall appear in the published bulletin.

            B.    All contracts are advertised in the legal section of the Derrick. In addition, contracts over $10,000 may be advertised in the Pittsburgh Courier and as warranted in other publications, such as the Erie Times or Pittsburgh Post Gazette.

            C.    In addition, a Notice to Contractors is sent to bid services throughout the state. Copies of the specifications and drawings are provided to F.W. Dodge, the Pittsburgh Builder's Exchange, the Altoona Builder's Exchange, Construction Market Data, and the Harrisburg Builder's Exchange..

            D.    Effective January 1, 2001, contractors who have a current Contractor Application on file with the university will be mailed a copy of the Notice to Contractors for projects within the areas of interest indicated in their application. The University reserves the right to select/limit the number of Contractors to be mailed notifications at its discretion. Completed applications may be submitted by mail, fax or e-mail to addresses indicated on  the form.

            E.    Effective January 31, 2002, project information, bid tabulations, contract awards and other pertinent construction project information will be available on the Facilities Planning web page on the university website at www.clarion.edu/admin/facilitiesmanagement/planning under Facilities Construction Projects.

II.       BID PROCESS:

          A.    Contracts over $10,000:

   

                 1.    A pre-bid conference to review bid and project requirements may be scheduled at the

                        discretion of the university. Although bid conferences are not mandatory, it is highly

                        recommended that contractors attend these meetings. The university reserves the right to refuse

                        conducted site visits at any other time than as designated in the Notice to Contractors.

                        Contractors may visit campus during regular operating hours but will not be permitted access

                        to locked areas, dormitories or to mechanical/electrical systems without escort.

 

                2.     Sealed bids are required to be submitted to the office of the Vice President or Finance and

                        Administration by the time and date specified in the Notice to Contractors. All bid openings are

                        public and may be attended by contractors and other interested parties. Bid results will be

                        posted on the website within three days of bid opening, if possible, or are available by

                        telephone. Written confirmation of bids received will be mailed to all bid participants. Bid

                        results will not be faxed.

                3.    Bids are subject to review for responsiveness as follows:

                        a.    All bid documents are reviewed to assure: all required base bids have been provided and

                               that the written amount matches the numbered amount on each bid; addenda have been

                               acknowledged; information requested on all forms has been provided; the proposal has the 

                               proper signatures affixed and has been notarized as required; and that the correct bid bond

                               form (if required) has been used and that it is properly dated and is in the correct amount.

 

                        b.    The contract specialist reviews the bid documents to assure that all forms have been

                               completed properly and that required paperwork has been submitted including verification

                               of Minority and Woman Owned  Business Enterprises (MBE/WBE) proactive solicitation

                                in an amount identified in the bid proposal documents.  MBE/WBE requirements are

                                discussed at the Pre-Bid Conference and thoroughly outlined in the bid proposal form.

                                Firms that have received minority certification by the Department of General Services are

                                listed on their web site at:                              

                                http://www.dgsweb.state.pa.us/imaginepa/bcabd/vendor_search.asp?bcabdRNavradF2CE8=|

 

                                Certification by PennDot or municipalities are also acceptable.  Failure to demonstrate

                                 proactive solicitation efforts for the minimum amount listed in the bid documents shall be

                                 cause for rejection of the bid as non-responsive.  The MBE/WBE firms listed in the

                                 Contractor's proposal may also be contacted to verify the information contained on the

                                  form.

 

                        c.    A contractor responsibility check may also be conducted by the facilities planning to

                               determine the contractor's ability to complete the work. Upon request by the university, the

                               contractor must provide information on financial status, workforce and references.  

                            

                               (1)      In relation to the financial analysis, the contractor's "current" assets must exceed "current"

                                         liabilities in amounts based on percentages of the bid amount as outlined in Rider C,

                                         Instructions to Bidders, that is included in all Project Manuals.  No asset is considered

                                         "current" unless there is reasonable expectation that it will be realized with a period

                                         of one year; nor will any liability be considered current that will not be liquidated

                                         within one year.  If significant time has passed since the issuance of the contractor's

                                         financial statement, the university may request a more current balance sheet.   Failure

                                         to meet these financial requirements is cause for rejection of the contractor's bid.

                               

                                (2)    Reference checks will be conducted by the Project Representative to determine if the 

                                        Contractor has the expertise to complete the work outlined in the project scope.

 

                        d.    The contractor may be contacted by either the contract specialist or facilities planning

                               personnel to answer questions or provide additional information regarding either of the

                               above checks.

 

                 4.    Bids are awarded to the lowest responsive, responsible bidder.

 

                 5.   Contract bonds for payment, performance and maintenance are required for all contracts over

                       $100,000. For  contracts less than $100,000, the amount of bonding required will be

                       determined by the contracting officer and shall be indicated in the contract documents.

 

         B.  Contracts under $10,000 (adjusted annually for construction contracts)

 

              1.   Quotes may be solicited from one or more companies known by the university to perform the

                    the type of work or service required.  Advertising of the project is at the discretion of the 

                    university.  The university will determine the acceptability of quotes received and issue a contract

                    accordingly.  

III.  BID PROTESTS

       A.   Right to Protest. --

             A bidder or offeror, a prospective bidder or offeror, or a prospective contractor, that is aggrieved 

             in connection with the solicitation or award of a contract except as provided in section 521 (relating to

             cancellation of invitations for bids or requests for proposals( may protest to the head of the purchasing

             agency, the Chancellor, in writing.

 

       B.  Filing of protest. --

            

            Notice as to Filing a Bid Protest

 

Professional Design Services:

   I.    Advertising:

         A.    All requests for proposal will be advertised in the Pennsylvania Bulletin and at least two other public media.

                 Copies of the RFP are provided to recognized professional service organizations,  i.e. the Pennsylvania Society

                 of Professional Architects/Engineers and the Consulting Engineers Council, as well as, the bid service

                 organizations listed under the Construction heading above in paragraph I.C.

 

          B.    A notice of the RFP may be mailed, at the discretion of the university, to firms who have submitted proposals

                 to the university in the past, who have a Contractor Application on file with the university, or who are known

                 to possess expertise in the types of service required.

 

 

          C.   Requests for Proposal will also be available on the university's web page under Facilities Planning on the "Out

                 for Bid" page:  http://www.clarion.edu/admin/facilitiesmanagement/planning/outforbid.htm

    II.    Selection Process

          A.    A request for proposal is sent to all firms that respond to the advertisements/announcements.

          B.    If deemed necessary, a pre-proposal meeting may be held to review requirements.

 

                 1.   Sealed proposals must be delivered to the office of the Vice President for Finance and

                       Administration by the time and date specified in the RFP. There is not a public opening.

                       Although all proposals become the property of the university, only the proposal of the firm

                       awarded a contract is subject  to the Pennsylvania Right to Know Act and items the

                       professional designates as proprietary cannot be disclosed.

       

          C.    Requests for Proposal commonly contain the following information, which may be adjusted as

                 deemed necessary by the University:

  1. Date proposal is due
  2. Description of work to be performed
  3. List of information to be submitted by the professional
  4. Criteria to be use in evaluation of proposals
  5. Contract requirements

            D.   Proposal Evaluations:

   1.  A Slating Board, appointed by the University Contracting Officer, reviews all proposals and

        develops a short list of 3-5 (or other number as determined by the Board) firms ranked

        from highest to lowest scores which is submitted to the Negotiation Board.

 

    2. The Negotiation Board, appointed by the contracting officer, enters into negotiations with

        the highest ranked firm regarding price and contract requirements. If agreement cannot be

        reached,  then the team moves to the next firm on the list, and so on, until a successful

        negotiation is accomplished and a contract awarded.

III.      Open-Ended Contract

  A.   The University also periodically advertises for open-ended professional design services.  These contracts

         are awarded to multiple firms to accomplish smaller projects (normally less than $100,000) on an "as

         needed" individual work order basis. The selection process is the same as outlined above with contracts

         awarded to firms in sufficient numbers, as determined by the Slating Board, to assure availability through

         the total contract term of six years (two years with an option  to renew for two additional two year

         terms).

            B.   A Request for Proposal to provide these services was issued in March 2005 and eleven (11) firms were

                   selected for award.  It is not anticipated that these contracts will be rebid until the spring of of 2011.