HECO-7a Instructions to Bidders.pdf

HECO-7A

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INSTRUCTIONS TO BIDDERS

The Project Order or Invitation for Bids consists of the Notice, this Instructions to Bidders, the e-Builder Bid Portal, the General Conditions of the Construction Contract (HECO-7), the Supplemental General Conditions (if any), the Special Conditions (if any), the forms to be used, and the Scope of Work as described by the Plans and Specifications, other documents listed in the Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work on the project.

1. CONDITIONS AT SITE OR STRUCTURE: Bidders shall visit the site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the site, structure or building, and the character and extent of existing conditions, improvements or work within or adjacent to the site. No claims shall be submitted as a result of the Bidder’s failure to have done so, but shall be deemed waived and will not be considered by the University. See Section 7 of the HECO-7 entitled "Conditions at Site."

2. EXPLANATIONS TO BIDDERS: Bidders must use the e-Builder Bid Portal.

No oral explanation or instructions will be made or given in regards to the meaning of the notice, scope of work, drawings, specifications, or any other document included in the solicitation, before the award of the Contract. The University shall not be responsible for any conclusions, assumptions or interpretations made by bidders during the preparation of bids that are contrary to the solicitation documents and their clear intent. Discrepancies, conflicts, errors, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing as instructed in the Project Order or IFB for interpretation. Any interpretation made will be in the form of an addendum which will be forwarded to all bidders, and its receipt shall be acknowledged by the bidder in the e-Builder Bid Portal. If such discrepancies, conflicts, errors, omissions or doubts are reasonably apparent or should have been reasonably apparent to the bidder, and the bidder failed to submit questions in the time and manner required herein and the Contract is awarded to the bidder, then any claims shall be deemed waived and the bidder shall not be entitled to additional compensation or time, or entitled to sue the University based on such discrepancies, conflicts, errors, omissions, or doubts.

3. TIME FOR COMPLETION:

(a) "Time for Completion" shall be designated by the University in the Project Order or other pre-bid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a Contract Completion Date based on a stipulated date of Notice to Proceed.

Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

(b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has been set by the University based on date of the Notice to Proceed and the Time for Completion.

(c) The Contractor, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather conditions and events for the past ten (10) years. Normal weather conditions shall be determined from the public historical records available, including the U.S.

Department of Commerce, Local Climatological Data Sheets, Oceanic and Atmospheric Administration/Environmental Data and Information Service, National Climatic Center and the National Weather Service. The data sheets to be used shall be for the localities closest to the Site. No additional compensation, cost or damages will be paid to the Contractor because of normal weather conditions, including

(Rev. 06/2024) Page 2 of 6 normal adverse weather to be anticipated during the Project. An extension of time for abnormal adverse weather conditions which directly impact the Work will be considered by the University as set forth in the HECO-7.

4. PREBID CONFERENCE: See the Project Order or IFB for requirements for a prebid conference and whether such conference is mandatory or optional.

5. PREPARATION AND SUBMISSION OF BIDS:

(a) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. A signature on a bid by a person who identifies their title as "President," "Secretary," "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the University, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.

(b) Following guidance from the Board for Contractors, the University may, as a part of determining whether the bidder is “responsible,” require the apparent low bidder to submit a listing of its Subcontractors along with the license number and classification specialty of each.

(c) The bidder must enter its Employer Identification Number (FEIN) in the space provided in the e-Builder Bid Portal.

(d) Every bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 must include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder is not required to be so authorized. A bidder required to be authorized to transact business in Virginia that fails to provide the required information shall not receive an award unless a waiver of this requirement and of any administrative policies and procedures established to implement Code of Virginia § 2.2-4311.2 is granted by the chief executive of the University.

If awarded the Contract, the bidder shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Doing so shall be deemed to be a violation of Code of Virginia §2.2-4311.2 and the bidder understands and agrees that the University may void the Contract if the bidder fails to comply with this provision.

(e) Code of Virginia, §2.2-4376.2 shall be applicable to the Work of the Contract.

6. BID GUARANTEE:

(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds One Million Dollars

($1,000,000) shall be accompanied by a Virginia Commonwealth University Standard Bid Bond (HECO-10.2), payable to the University as obligee in an amount equal to five percent (5%) of the amount of the bid (the “Bid

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Bond”). The University agrees to accept a Bid Bond on which the Surety has utilized electronic signatures and/or electronic notarization if the electronic notarization meets the requirements of Virginia Code §§ 47.1-6.1, -7, and -12, and the Commonwealth of Virginia State Corporation Commission Bureau of Insurance and the Bid Bond contains any SURETY BOND SEAL ADDENDUM established by the Commonwealth of Virginia State Corporation Commission Bureau of Insurance. For construction contracts up to $1,000,000, where bid bond requirements have been waived by the University as stated in the Project Order or IFB, prospective Contractors may be prequalified in accordance with Code of Virginia § 2.2-4317. A Bid Bond may be required for Contracts having bids of up to One Million Dollars ($1,000,000) if such requirement is stated in the Project Order or IFB.

The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee the following: that the bidder will not withdraw its bid during the forty five (45) day period following the date of the opening of bids; that if the bid is accepted, the bidder will enter into the Contract with the University described in the Project Order or IFB; that the bidder can and will submit a properly executed and authorized Standard Performance Bond (HECO-10) and Standard Labor and Material Payment Bond (HECO-10.1) on the forms included in the Term Contract or IFB. If the bidder withdraws its bid within the forty five (45) day period following bid opening, fails to enter into the Contract, the bidder and the bidder’s surety shall be jointly and severally be liable to the University for the difference between the amount specified in the bidder’s bid and such larger amount for which the University may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee of 5% of the bidder’s total bid amount, as the damage to the University resulting from the bidder’s default. See Code of Virginia §2.2-4336.

(b) Code of Virginia § 2.2-4338 contains provisions allowing for alternative forms of bid security in lieu of a Bid

Bond. A bidder’s use of an alternative form of Security as listed in Code of Virginia § 2.2-4338.B must be approved by the University prior to the bidder’s submission of its bid on the Bid Receipt date and time to be accepted in lieu of a Bid Bond.

(c) Any alternative bid security will be returned to all but the three lowest bidders after the formal opening of bids.

The remaining bid security will be returned to the bidders after the University and the accepted bidder have executed the Contract and the required HECO-10.0 and HECO-10.1 for the Contract have been received and approved by the University.

(d) If the Contract and required bonds have not been executed by the accepted bidder within forty five (45) days after the date of the opening of the bids, then the Bid Bond or other bid security of any bidder will be returned upon a bidder’s request, provided the bidder has not been notified of the acceptance of its bid prior to the date of such request.

7. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified in the e-Builder Bid Portal prior to the deadline fixed for bid receipt. E-mail withdrawals and modifications are not acceptable. The withdrawal or modification may be made by the person who is authorized by the bidder as the user of e-Builder Bid Portal.

8. RECEIPT OF BIDS:

(a) Bids will be received at or before the date and the hour and at the place stipulated in the Project Order or

IFB as may be modified by subsequent Addenda.

(b) It is the responsibility of the bidder to assure that its bid and are submitted as designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact its ability to deliver the bid and to implement whatever actions are necessary to have the bid submitted prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

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(c) The bid Officer is the University’s representative designated to receive bids at the time and place indicated in the Project Order or IFB and to open the bids received at the appointed time.

(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids in the possession of the Bid Officer and their assistants at the time the announcement is completed are deemed to be timely.

(e) In the event the bid receipt occurs during a period of suspended state business operations, the receipt and opening will be delayed one business day without an addendum.

9. OPENING OF BIDS:

(a) Bids will be opened at the time and place stated in the Project Order or IFB or as modified by subsequent addenda, and their contents publicly announced, if required. The Bid Officer shall decide when the specified time for bid opening has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly submitted, addressed and identified. Bid opening shall be no sooner than twenty-four (24) hours after the time set for receipt of bids.

(b) The provisions of Code of Virginia § 2.2-4342, as amended, shall be applicable to the inspections of bids received.

(c) In the event the bid opening occurs during a period of suspended state business operations, the opening will be delayed until the next business day.

10. ERRORS IN BIDS: A bidder may withdraw its bid from consideration if the bid price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

In accordance with Code of Virginia §2.2-4330(B)(1), the bidder shall give notice in writing of his claim to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. Such work papers must be submitted in an envelope or package clearly marked “WORK PAPERS, PC# xxxx-xxxxx” and shall be delivered to the University by the bidder in person or registered mail.

Failure of a bidder to submit its original work papers, documents and materials used in the preparation of its bid on or before the time, date and place required shall constitute a waiver by that bidder of its right to withdraw its bid due to a mistake. No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the University in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.

If the apparent low bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bid on the project.

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11. REJECTION OF BIDS: The University reserves the right to cancel the Project Order or IFB, to reject any and all bids at its sole discretion when such rejection is in the interest of the University, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See Code of Virginia § 2.2-4319.

12. DETERMINATION OF RESPONSIBILITY

Each bidder shall be prepared, if so requested by the University, to present evidence of its experience, qualifications and financial ability to carry out the terms of the Contract.

Prior to award of the Contract, an evaluation will be made to determine if the low bidder has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. Factors to be evaluated include, but are not limited to:

(a) sufficient financial ability to perform the contract as evidenced by the bidder's ability to obtain payment and performance bonds from an acceptable surety;

(b) appropriate experience to perform the Work described in the bid documents;

(c) any judgments entered against the bidder, or any officers, directors, partners or owners for breach of a contract for construction;

(d) any substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause where the substantial noncompliance is documented; or (e) a conviction of the bidder or any officer, director, partner, project manager, procurement manager, chief financial officer, or owner in the last five years of a crime relating to governmental or nongovernmental construction or contracting; and/or

(e) any current debarment of the contractor, any officer, director or owner, from bidding or contracting by any public body of any state, any state agency, or any agency of the federal government.

The University reserves the right to disqualify or refuse to accept the bid of any bidder who has been convicted, or entered a plea of guilty or nolo contendere, in any federal or state court to any charge involving any unlawful, corrupt or collusive practice involving a public contract whether federal, state, or local, or who has been determined in any judicial proceeding to have violated any antitrust, bid-rigging or collusive practice statute in connection with any public contract, or against whom such formal criminal prosecution or other judicial proceeding has been initiated.

A bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder shall be notified in writing in conformance with the procedures in Code of Virginia § 2.2-4359.

13. AWARD OF CONTRACT

The awarded bidder or offeror must be registered in eVA.

(a) Basis for Contract Award: The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder, if any, provided its bid is reasonable and it is in the best interest of the University to accept it and subject to the University's right to reject any and all bids and to waive informality in the bids and in the bidding. The Bid contains a multi-part Base Bid and may contain Additive Bid Items. Determination of the lowest responsible bidder, if any, will be based on the Total Base Bid Amount entered in the e-Builder Bid Portal plus as many Additive Bid Items taken in sequence as the University in its discretion chooses to Award. Where the sum of the values entered in the multiple parts do not agree with the Total Base Bid amount, the Total Base Bid amount entered on the bid form, including any properly submitted bid modifications, shall take precedence.

In the event that the Total Base Bid from the lowest responsible bidder exceeds available funds, the University may negotiate the Total Base Bid amount with the apparent low bidder to obtain a Contract Price within available funds, pursuant to Code § 2.2-4318 and Section 12(c) herein.

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(b) Informalities: The University reserves the right to waive any informality in the bids when such waiver is in the interest of the University.

(c) Negotiation With Lowest Responsible Bidder: If award of the Contract to the lowest responsive and responsible bidder is precluded because of limitations on available funds, under the provisions of Code § 2.2- 4318 the University reserves the right to negotiate the Total Base Bid amount with the lowest responsive, responsible bidder to obtain a Contract Price within the available funds. This may involve changes in either the features or scope of the work included in the Base Bid. Such negotiations with the apparent low bidder may include reducing the quantity, quality, or other cost saving mechanisms involving items in the Total Base Bid.

Negotiations for Additive Bid Items are excluded. The University shall notify the lowest responsive and responsible bidder that such a situation exists and the University and bidder shall then conduct their negotiations in person, by mail, by telephone or by any means they find convenient. If an acceptable Contract can be negotiated, any changes to the Project Order or IFB documents agreed upon in the negotiations shall be summarized in a "Post Bid Modification" and included in the Contract. If an acceptable Contract cannot be negotiated, the University shall terminate negotiations and reject all bids.

(d) Notice of Intent to Award or Notice of Award: A Notice of Award or the Notice of Intent to Award will be posted when it is required on the DGS central electronic procurement Website. Any bidder who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body no later than ten days after the posting of the Notice of Award or Notice of Intent to Award, whichever comes first. See Code of Virginia § 2.2-4360.

14. CONTRACT SECURITY: For contracts which exceed One Million Dollars ($1,000,000), the Standard

Performance Bond (HECO-10) and the Standard Labor and Material Payment Bond (HECO-10.1) shall be required, as specified in the Project Order or IFB. For construction contracts up to $1,000,000, where Bid Bond requirements are waived, prospective contractors may be prequalified in accordance with Code of Virginia § 2.2-4317. See the HECO-7 and Code of Virginia § 2.2-4337 and § 2.2-4338. The University reserves the right to require such bonds for contracts up to One Million Dollars ($1,000,000). If the University so elects, the requirement shall be set forth in the Project Order or IFB.

15. CERTIFICATION: The bidder, by its signature on the electronic submission, certifies that neither its organization nor any of its officers, directors, partners or owners is currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government. See "Disqualification of Contractors" in the Bid Form.

16. ETHICS IN PUBLIC CONTRACTING: The provisions, requirements and prohibitions as contained in Code of

Virginia §2.2-4367 et seq., pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

17. BUILDING PERMITS: Because this is a Project of the Commonwealth of Virginia, codes or zoning ordinances of local political subdivisions do not apply. However, the Virginia Uniform Statewide Building Code shall apply to the Work and shall be administered by the Building Official for State-owned Buildings. The Building Permit will be obtained and paid for by the University unless otherwise noted. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision shall be obtained and paid for by the Contractor. See Section 25 of the HECO-7 for utility connection fees and services.

18. BID DOCUMENTS: Bid Documents are the sole property of the University.