Bid_&_Contract_Instructions_-_Agency_Specific_Supplemental_Instructions_to_Bidders_for_Construction_Contracts_05-2025.pdf

Rev. May 28, 2025

AGENCY SPECIFIC SUPPLEMENTAL INSTRUCTIONS TO

BIDDERS FOR CONTRACTS

MODIFICATION TO FORM HUD-5369 (10/2002) – INSTRUCTIONS TO

BIDDERS FOR CONTRACTS

Clause (None): Form HUD-5369 (10/2002) - Instructions to Bidders for Contracts Clause 1: Bid Preparation and Submission Clause 2: Explanations and Interpretations to Prospective Bidders Clause 3: Amendments to Invitations for Bids Clause 6: Bid Opening Clause 7: Service of Protest Clause 8: Contract Award Clause 10: Assurance of Completion Clause 12: Indian Preference Requirements Clause 13: INSERT: Additional Material Clause 14: INSERT: Post Project Contractor Review

Clause (None): FORM HUD-5369 (10/2002) – INSTRUCTIONS TO BIDDERS FOR CONTRACTS:

Delete: When this form HUD-5369 (10/2002) - Instructions to Bidders for Contracts refer to Indian Housing Authority and IHA, they are to be deleted in this document in its entirety.

Insert: When this form HUD-5369 (10/2002) - Instructions to Bidders for Contracts refer to PHA; the terms “PHA” and “HA”, “Owner”, or “Agency” means the Housing Authority of the City or County of Sacramento that is authorized to undertake this Contract. When the funding for the project is federal and the project is not on Public Housing Authority (PHA) property, the term “PHA” means the Sacramento Housing and Redevelopment Agency.

Clause 1: BID PREPARATION AND SUBMISSION

c. Delete: This clause in its entirety: Bidders must submit as part of their bid a completed form 5369-A, “Representations, Certifications, and Other Statements of Bidders.”

d. Delete: This paragraph in its entirety.

Insert: All bids are to be submitted through the Agency’s Electronic Bid Portal.

Clause 2: EXPLANATIONS AND INTERPRETATIONS TO PROSPECTIVE BIDDERS:

a. Delete: Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc. must request it at least 7 days before the scheduled time for bid opening.

Insert: See Section 00005 – Summary Page

Clause 3: AMENDMENTS TO INVITATIONS FOR BIDS:

Delete: Title of this clause 3: “Amendments to Invitations for Bids”.

Insert: Title of this clause 3: “Addenda to Invitations for Bids”.

b. Delete: Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation.

Insert: Bidders shall acknowledge receipt of any addenda to this solicitation by identifying the addenda number and date on the bid form.

c. Delete: Amendments will be on file in the offices of the PHA/IHA and the

Architect at least 7 days before bid opening.

Insert: Addenda will be on file in the offices of the Agency’s Procurement Services Division at least 7 days before bid opening.

Clause 6: BID OPENING

Delete: This paragraph in its entirety.

Insert: All bids received by the date and time of receipt specified in the solicitation will be automatically released through the Agency’s Electronic Bid Portal.

Clause 7: SERVICE OF PROTEST:

Delete: This clause in its entirety.

Insert:

a. A bidder who wants to protest the “Notice of Intent to Award” shall have five (5) business days after the date the notice is issued to submit to the Agency a written protest. The written statement shall be full and complete; specifying in detail the grounds of the protest and the facts supporting the protest or it will not be considered. Any bidder who has a legitimate protest must claim to be eligible for award of the contract as being the lowest responsive, responsible bidder.

b. Protests shall be served on the Procurement Services Supervisor by obtaining written and dated acknowledgement from:

Sacramento Housing and Redevelopment Agency Attn: Procurement Services Supervisor 801 12th Street, 2nd Floor Sacramento, CA 95814

c. All protests shall be resolved in accordance with the Agency’s protest policy and procedures, copies of which are maintained at the Agency and available upon request.

Clause 8: CONTRACT AWARD:

d. Delete: This paragraph in its entirety.

d. All bidders and lower tiered Subcontracts must be registered with the Department of Industrial Relations (DIR) as a Public Works contractor at the time of bid due date or the bid will be rejected.

The PHA/HA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities in bids received, in accordance with the PHA’s/HA’s written policy and procedures.

Clause 10: ASSURANCE OF COMPLETION:

a. Delete: This paragraph in its entirety.

Insert: Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be –

A performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law (applicable to construction and equipment contracts exceeding $25,000.00).

Clause 12: INDIAN PREFERENCE REQUIREMENTS:

Delete: This clause in its entirety.

Clause 13: ADDITIONAL MATERIAL (applicable to construction contracts)

a. The successful bidder will be required to sign and date three (3) complete copies of the Contract Manual, Technical Specifications Manual, and Drawings prior to starting any construction work.

Clause 14: POST PROJECT CONTRACTOR REVIEW (applicable to construction contracts)

a. Upon substantial completion, the Agency will evaluate a contractor’s performance to determine the contractor’s ability to perform future Agency contracts. The Compliance Officer and the Contracting officer (or designee) will complete a Post-Evaluation Checklist.

END OF SECTION