Attachment_C_-_Instructions_to_Bidders_REV_0313.pdf

STATE OF CALIFORNIA

CALIFORNIA PRISON INDUSTRY AUTHORITY

ATTACHMENT C

INSTRUCTIONS TO BIDDERS

Index

Article Page

1. General

2. Competence of Bidders

3. Examination of Bid Documents and Site

4. Discrepancies or Errors and Addenda

5. Bidding Documents

6. Submission of Bids

7. Withdrawal of Bids

8. Public Opening of Bids

9. Rejection of Irregular Bids

10. Competitive Bidding

11. Award of Contract

12. Protest of Award…………………………………………………………………………………….. 5

13. Substitution of Alternative Materials, Articles, or Equipment

14. Return of Bidder’s Security

15. Contract Bonds

16. Insurance

17. Execution of Contract

18. Failure to Execute Contract

19. Cash Discounts

March 2013 Edition

California Prison Industry Authority RFP No. P02611505

ATTACHMENT C

INSTRUCTIONS TO BIDDERS

1. GENERAL

1.1 Bidder shall examine these instructions carefully and be responsive to conditions with which must be complied with prior to bid.

1.2 Bidders shall be aware of the requirements of codes referenced in the Bidding Requirements and in the Contract Documents. Bidders may access codes included in California law through publications or through the Internet. The web site for California law is:

http://www.leginfo.ca.gov/calaw.html.

2. COMPETENCE OF BIDDERS

2.1 License:

.1 Bidder may only bid on work for which Bidder is properly licensed by the Contractors’ State License Board.

.2 Joint venture Bidders must possess a joint venture license. Each party to a joint venture shall be properly licensed for the Work of this Project.

2.2 Prior Disqualification: Public Contract Code Section 10162 provides that a bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from bidding on, or completing a Federal, State or Local project because of a violation of a law or a safety regulation.

If the answer to the questionnaire included in the Cost Sheet is “yes” the Department will review the circumstances presented and if the Director deems acceptance of the bid is not in the best interest of the State, bid may be rejected.

2.3 Employment of Undocumented Aliens: Pursuant to Section 6101 of the Public Contract Code, the State may not award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented aliens.

2.4 Ineligible Subcontractors: Pursuant to Section 1777.1 or 1777.7 of the Labor Code, a contractor is prohibited from bidding on, being awarded or performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project. Refer to the General Conditions of the Contract for Construction, Article 4.1.3.

2.5 Asbestos Abatement Certification: If Contractor performs the asbestos abatement work;

Contractor must be certified for asbestos abatement work by the Contractors’ State License Board. If Contractor subcontracts the asbestos abatement work, Contractor need not be certified for asbestos abatement, but the subcontractor must be certified by the Contractor’s State License Board.

ITB/PW REV 0313

2.6 Hazardous Substance Removal Certification: If Contractor performs the hazardous substance removal work or remedial action; Contractor must be certified for hazardous substance removal work by the Contractors’ State License Board. If Contractor subcontracts the hazardous substance removal work or remedial action, Contractor need not be certified for hazardous substance removal, but the subcontractor must be certified by the Contractor’s State License Board.

3. EXAMINATION OF BID DOCUMENTS AND SITE

3.1 Bidder’s Responsibility:

.1 Bidder shall carefully examine the Work site, Drawings, and Specifications.

.2 By submitting a bid, Bidder acknowledges that the Bidder understands the character, quality and quantity of surface, locations of utilities, subsurface materials, or obstacles to be encountered; insofar as this information is reasonably ascertainable from inspection of the Work site, Drawings, and Specifications.

.3 Bidder’s examination shall include all exploratory work done by the State, as well as information presented in the Drawings, Specifications, and other documents as available.

3.2 Refer to the Request for Proposal, for availability of bidding documents.

3.3 Failure by Bidder to acquaint itself with available information will not relieve Bidder from responsibility for estimating properly the difficulty or cost of successfully performing the Work.

3.4 In connection with the foregoing, Bidder’s attention is invited to Paragraphs 3.1 and 9.1 of

Attachment D, General Conditions of the Contract for Construction.

4. DISCREPANCIES, CONFLICTS, OMISSIONS, OR ERRORS

4.1 If discrepancies, conflicts, omissions or errors are found in the Drawings and the Project Manual prior to the date of bid opening, Bidder shall request clarification from the State’s Representative identified in the Project Manual.

4.2 Clarifications will be given only in the form of Addenda to all Bidders.

4.3 If no Addenda are issued related to supposed discrepancy, conflict, omissions or errors in figuring the Work, Bidders shall consider that discrepancies, conflicts, or omission between Drawings and Specifications shall be governed by Paragraph 1.5 of Attachment D, General Conditions of the Contract for Construction.

4.4 Omission of an item in either the Specifications or Drawings does not create a discrepancy or conflict.

5. BIDDING DOCUMENTS

5.1 Cost Sheet: All bids must be on the forms provided by the State. Bid not on the forms provided will be considered nonresponsive.

5.2 Completing the Cost Sheet:

.1 Bidder’s name should be the same as listed on Bidder’s license.

.2 Price(s) shall be in the manner required by the Cost Sheet.

.3 Cost Sheet shall be signed by Bidder or duly authorized representative.

1) If Bidder is an individual, name must be shown.

2) If Bidder is a partnership, name of the partnership must be shown and one or more partners shall sign the Cost Sheet.

3) If Bidder is a corporation, name of the corporation must be shown, the state of incorporation must be listed, the title of the signor must be shown, and the corporate seal must be used.

4) Bidder business and mailing address should be shown.

5.3 Required Listing of Proposed Subcontractors:

.1 Failure to list kind of Work, Name, or Location shall cause the bid to be rejected as non-responsive.

.2 Bidders’ attention is directed to other provisions of the Subletting and Subcontracting Fair

Practices Act, beginning with Public Contract Code Section 4100, related to penalties for failure to comply with the Act by using unauthorized subcontractors or by making unauthorized substitutions. See General Conditions of the Contract for Construction, Paragraph 1.1, for definition of subcontractor, and Article 4 for further reference to subcontractors.

5.4 Bidders Security:

.1 All bids shall be accompanied by the following forms of bidder’s security (unless stated otherwise under the Minimum Qualifications, Clause C, of this Request for Proposal):

Bidder’s Bond, cashier’s check, certified check or cash. Bidder’s Bond shall be executed by an admitted surety insurer, authorized to issue surety bonds in the State of California. Bond and checks shall be made payable to the California Prison Industry Authority. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered responsive unless one of the forms of bidder’s security is enclosed with it.

.2 If Bidder’s security is a Bidder’s Bond, it must be executed on the form attached to the Bid

Form.

6. SUBMISSION OF BID FORMS

6.1 It is the sole responsibility of the Bidder to see that its bid is received in proper time. Bid received after scheduled closing time for receipt of bids will be returned to Bidder unopened.

6.2 Bid Forms shall be submitted under sealed cover, plainly identified as a bid for the work of the

Project being bid upon and addressed as directed in the Request for Proposal. Failure to do so may result in a premature opening of, or failure to open such bid. Bid Forms improperly marked may be disregarded.

7. WITHDRAWAL OF BID FORMS

7.1 Bids may be withdrawn prior to the time fixed in the public notice for opening of bids, provided that a request in writing, executed by Bidder or Bidder’s authorized representative, for withdrawal of such bid is filed with the California Prison Industry Authority, Business Services Section, at the location of the bid opening. Oral, facsimile, electronic, telegraphic, or telephonic request to withdraw a Bid is not acceptable. Withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid.

7.2 This article does not authorize withdrawal of any bid after the time fixed in the Request for

Proposal for opening of bids.

8. PUBLIC OPENING OF BIDS

Bids will be publicly opened and read at time and place indicated in Invitation to Bid. Bidders or their authorized agents are invited to be present.

9. REJECTION OF IRREGULAR BIDS

9.1 Bids may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. If bid amount is changed after the amount is originally inserted, the change must be initialed.

9.2 When Cost Sheet is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or are signed by an agent other than a partner of a partnership, or by an agent for an individual, a power of attorney must be on file with the California Prison Industry Authority prior to opening bids or shall be submitted with the Cost Sheet; otherwise the bid will be rejected as irregular and unauthorized.

10. COMPETITIVE BIDDING

10.1 If more than one Cost Sheet is offered by an individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such Cost Sheets may be rejected. A party who has quoted prices on materials or work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for materials or work.

10.2 Bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect awarding of the Contract is in violation of competitive bidding requirements of the State Contract Act and may render void any Contract let under such circumstances.

11. AWARD OF CONTRACT

11.1 The right is reserved to reject any and all bids and waive any irregularity in any bid received.

11.2 Award of the Contract, if awarded, will be to the Bidder providing the best value whose Bid Forms comply with all requirements prescribed.

1 Such award, if made, will be made within 45 days after opening of bids.

2 If the Bidder providing the best value refuses or fails to execute the Contract, the Chief of

Business Services may award the Contract to the Contractor placed in the second ranking.

Such award, if made, will be made within 60 days after opening of bids.

3 If the second ranked Bidder refuses or fails to execute the Contract, the Chief of Business

Services may award the Contract to the third ranked Bidder. Such award if made, will be made within 75 days after opening of bids.

11.3 The above time periods within which award of Contract may be made are subject to extension of such further period as may be agreed upon in writing between the California Prison Industry Authority and the Bidder concerned.

11.4 When Project is segregated into more than one prime Contract, and a Bidder upon one of the prime Contracts fail or refuses to execute the Contract, then the time for award of such Contract will be extended as provided by this Article, and the time for award of each of the other segregated prime Contracts will be extended by an equivalent length of time, if required.

12. PROTEST OF AWARD

12.1 Any protest regarding the bid process or contract award must be in writing and must be received by the General Manager, or designee, no later than five (5) working days after the contract award notification is delivered.

12.2 All protests must state clearly the issue(s) that are the subject of the protest, along with all facts and arguments that form the basis of the protest.

12.3 A Protest may be faxed, mailed or delivered to the General Manager or designee at 560 East Natoma Street, Folsom, CA 95630-2200 provided it is received no later than the close of business on the fifth working day after the award notification is received.

12.4 The decision of the General Manager or designee is final. Transactions will proceed consistent with the General Manager or designee decision.

13. SUBSTITUTION OF ALTERNATIVE MATERIALS, ARTICLES, OR EQUIPMENT

13.1 Pursuant to Public Contract Code Section 3400, alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed during the bidding period; for use in the Work, provided the Bidder complies with the following requirements:

1 Proposals for alternative material(s), article(s), or equipment, requested during the bidding period, shall be submitted in writing, not later than 21days prior to bid opening.

2 The proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s) or equipment. Samples shall be provided when requested by the State. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the Bidder submitting the proposal. The State will be the sole judge as to such matters. In the event the State rejects the use of such alternative(s) submitted, then one of the particular products originally specified in the Contract Documents shall be furnished. If the proposal is accepted, all Bidders will be notified by Addendum.

3 Refer to the General Conditions of the Contract for Construction, Clauses 2.2.7 and 3.12.10, for substitution requests after Contract Award.

14. RETURN OF BIDDER’S SECURITY

14.1 Within 10 days after the award of the Contract, the California Prison Industry Authority will return all Bidder’s security, other than Bidder’s Bonds, accompanying the Bid Forms that are not to be fully considered in making the award.

14.2 Retained Bidder’s security will be held until the Contract has been fully executed, after which all Bidder’s security, except Bidder’s Bonds, will be returned.

15. CONTRACT BONDS

Contractor will be required to furnish in duplicate the Performance Bond and Payment Bond required by the State Contract Act, each in the amount of 100 percent of the Contract amount; as set forth in Paragraph 11.3 of Attachment D, General Conditions of the Contract for Construction unless the Minimum Qualifications under Clause C of this Request for Proposal states otherwise.

16. INSURANCE

Contractor will be required to furnish to the State, concurrently with execution of the Contract, a certificate of insurance coverage as required by Paragraph 11.1 of Attachment D, General Conditions of the Contract for Construction.

17. EXECUTION OF CONTRACT

17.1 Contract shall be signed by successful Bidder and returned within 7 days of receipt. The Contract shall not be binding upon the State until it is executed by the Contractor and the State.

Contract Documents required for execution of the Contract consist of the following:

1 Agreement, Document STD213.

2 Contract Bonds, Attachments G, H & I, if necessary

3 Certificate of Insurance.

4 Signed set of Drawings and Project Manual for filing with the Contract.

17.2 Should Contractor begin work in advance of receiving notice that the Contract has been approved, any work performed in advance of the date of approval shall be considered as having been done at risk as a volunteer. In no event shall Contractor commence work until Contractor has received notification from the State that the certificate of insurance has been approved.

18. FAILURE TO EXECUTE CONTRACT

Failure to execute Contract within 7 days after successful Bidder has received Contract for execution may be cause for forfeiture of Bidder’s security. Failure to provide required bonds and insurance constitutes failure to execute Contract.

19. CASH DISCOUNTS

For the purpose of this bid, CALPIA will consider cash discounts for bid evaluation purposes.

19.1 Contractor may offer any cash discount wished, however, for the purpose of bid evaluation when the cash discount offered exceeds five (5) percent, it will be calculated as five (5) percent in determining the lowest bidder. For example, if the bidder offers a cash discount of six (6) percent, for bid evaluation only, CALPIA will calculate the cash discount at five (5) percent when determining the lowest bidder.

19.2 For purpose of bid evaluation only, if the bidder offers a cash discount of less than twenty (20) days or less than one half (1/2) of one (1) percent, CALPIA will not adjust their bid for cash discount.

19.3 CALPIA has a history of taking cash discounts and intends to take advantage of cash discounts offered in response to this RFP when they are in the best interest of CALPIA.