Instructions to Bidders (SBE) (1).pdf

INSTRUCTIONS TO BIDDERS

NOTICE: The Bidder shall refer to General Provisions and Special Provisions herein for bid requirements in addition to the following:

FOR LUMP SUM: Contractor agrees to construct the agreement project in accordance with the contract terms, plans and specifications and to complete the work within the project schedule number of consecutive calendar days from the date set forth in the Notice to Proceed for the Lump Sum amount submitted.

In conformity with Technical Specifications Section 01 71 13, and Special Provisions Article 4 the Mobilization fee shall not exceed eight percent (8%) of the total Base Bid Amount. Should the total amount entered in the bid for mobilization exceed eight percent (8%) of the total base bid amount, the bid shall be deemed non-responsive.

In conformity with Special Provisions, Article 5, the value of the Work performed by the Contractor with its own employees shall not be less than twenty percent (20%) of the Contract Sum.

1) Instruction to Bidders:

a) As-Built Drawings – Caution must be exercised when using any Board "As-Built" drawings. The accuracy of these drawings are not guaranteed by the Board, and total reliance on them by consultants and other Bidders is at their risk. Bidders performing sub-surface work should contact Dallas-Fort Worth Airport Maintenance, Documentation Section, at (972) 973-6125 prior to any excavation.

b) Quality Assurance / Quality Control Testing – Bids are to be prepared in accordance with Contract Documents which state that the Board will perform and pay for all Quality Assurance tests required for acceptance of the Work and the establishment of penalties relating to deficient Work. The Bidder is to perform and pay for all Quality Control testing it deems necessary to ensure that the Work meets Specification requirements. Costs for the Quality Control tests are to be included in Bid Items.

c) Ancillary/Integral Professional Services – In selecting an architect, engineer or land surveyor, etc., to provide professional services, if any, that are required by the specifications, bidder shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254- 004 of the Texas Government Code and so shall certify to the Board with its bid.

d) Title VI Solicitation Notice – The DFW Airport Board, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

2) Contracting Prohibitions:

a) Bid Rejection: Board will reject any Bid from a Bidder that:

i) boycotts Israel;

ii) contracts with or provides supplies or services to a foreign terrorist organization;

iii) engages in certain scrutinized business operations in Sudan, Iran or with a designated foreign terrorist organization; or

iv) has been complicit in the Darfur genocide during any preceding 20-month period.i

b) “Boycott Israel” Defined: “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in

Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

c) Verification of Contracting Prohibitions: Each Bidder must execute and submit with its Bid the Verification of Contracting Prohibitions form. That verification will: [i] form a material part of its Bid;

and [ii] will be incorporated into any awarded contract.

d) Pursuant to Section 2274.002, Texas Government Code, enacted by SB 13 in the 2021 Regular Session, the Contractor hereby represents that it (i) does not boycott energy companies; and (ii) will not boycott energy companies.

e) Pursuant to Section 2274.002, Texas Government Code, as enacted by SB 19 in the 2021 Regular Session, the Contractor hereby represents that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

3) Bid Submittal: Bids must be submitted via the DFW Airport EUNA Procurement portal (formerly Bonfire) by the due date and time listed in the Events schedule and then publicly opened and read aloud. Contractor may not withdraw a Bid within sixty (120) calendar days after the opening thereof.

Addenda and Interpretations – Requests for interpretation of the RFB must be received in accordance with the Solicitation Events schedule. Only substantive items, as determined by the Board, will be addressed in the form of written addenda, which, if issued, will be posted in the EUNA Procurement portal (formerly Bonfire). Failure of any Contractor to retrieve and review any such addendum shall not relieve such Contractor from any obligations under its Bid as submitted. All addenda issued shall become part of the Contract Documents. The Board may elect to not respond to all inquiries in this manner.

4) Pre-bid Conference – A Pre-Bid Conference may be scheduled as detailed in the EUNA Procurement (formerly Bonfire) Events schedule, at which time questions may be received and submitted in the system. Addenda will be prepared, if needed, to clarify any items brought up at the Pre-Bid Conference.

To enhance the opportunity for a successful RFB, RFP or RFQ submission, the Airport highly encourages a representative from your company that will complete bidding documents including SBE forms and submittals for the bid, proposal or statement of qualifications to attend all pre-bid, pre-proposal or pre-qualification statement meetings.

5) Bid Package Review – Before submitting your bid, please take note of the following.

a) Contractor Qualifications – When applicable to the specifications, please ensure that all certifications, licensing or other requested qualifications verification forms or information necessary to validate the prime or subcontractors qualifications to provide products or services are included in the bid package.

b) Read/Confirm Intent To Comply – Contractor has read all Contract Forms, Special Provisions, General Provisions, Technical Specifications, Plans and all other material provided in the Request for Bid and confirms their intent to comply with all stated provisions.

c) Any questions, concerns and/or request for modification to the subject solicitation documents, including the Plans, Specifications, Agreement and Provision Terms, must be submitted in writing prior to the solicitation Q&A deadline. If selected as the preferred firm, any attempts to negotiate these items after selection may be grounds for declaring an impasse. To promote an efficient process that results in a contract, if an impasse is declared the Airport Staff reserve its right to proceed with the next preferred firm in accordance with applicable law, including Texas Government Code 2269. The Board will seek to have a settled agreement with the most preferred firm prior to requesting Airport Board approval.

d) Proofreading – Contractor has proofread all documents to ensure all information provided by the Contractor is accurate and responsive to the solicitation specifications. The Board is not responsible for errors made by the Contractor.

e) Accuracy – Contractor has reviewed and confirmed all mathematical and numerical entries to ensure accuracy and commitment to honor pricing as submitted. The Board is not responsible for errors made by the Contractor.

f) Insurance Compliance – Contractor has contacted insurance agent or representative to verify its ability to meet the stated insurance requirements and, if awarded a contract, that it will meet the insurance requirements as detailed in Exhibit A of the Agreement.

g) Bid must be submitted in the Solicitation system by the deadline expiration date.

h) Supplier Registration – While not a requirement of the bid submittal, Contractor has registered in the Board’s Supplier Registration System, which is required for contracting with the Board.

https://www.dfwairport.com/business/opportunities/procurement/supplier-self-service.

i) The Contractor shall provide the Owner, for its review and approval, with its Labor Burden and all actual costs used to calculate its Labor Burden for the Contractor and all the Contractor’s subcontractors, within 21 days of the notification of award of the Contract or no later than the date of the execution of the Contract, whichever is earliest; should Contractor fail to do so such that Owner cannot approve Contractor’s Labor Burden and all actual costs used to calculate its Labor Burden within 21 days of the notification of award of the Contract or no later than the date of the execution of the Contract, whichever is earliest, then the Owner may, at its discretion require the Contractor to perform all Work by Force Account, and its payment shall be as provided in the subsection titled PAYMENT FOR FORCE ACCOUNT WORK.

6) Non-Compete Agreements or Clauses - By submission of a bid or the execution of a contract, Bidder/Contractor agrees that the Board will not be bound by any non-compete agreements or similar agreements that inhibit the Board’s right to award and execute a contract to any company that submits a bid to the Board.

7) Determination of Non-Responsible Bidder - The Board may disqualify a Bidder as non-responsible and its bid shall not be considered for reasons including, but not limited to, the following:

a) Reason for believing collusion exists among the Bidders.

b) Where the Bidder, any subcontractor, supplier, or the Surety on any bond given, or to be given, is in litigation with the Board, or with either the cities of Dallas or Fort Worth, or where such litigation is contemplated or imminent, in the sole opinion of the Board.

c) The Bidder being in arrears on any existing Contract, Change Order, Delivery Order and/or other Contract Action.

d) The Bidder having defaulted on a previous Contract.

e) Lack of competency, in the judgment of the Board, as revealed by pertinent factors, including but not limited to, experience and equipment, financial statement, questionnaires or previous work performance, or current performance, on Airport projects.

f) Uncompleted work that, in the judgment of the Board, will prevent or hinder the prompt completion of additional work if awarded.

g) Where the Bidder, or subcontractor thereof, in the judgment of the Board, has failed to perform in a satisfactory manner on a previous contract.

h) Where a Bidder or subcontractor thereof has failed to disclose a potential conflict of interest or discovered to have a conflict of interest in accordance the Board’s Code of Business Ethics.

i) Where a Bidder, its subcontractor, or individual officer/principal of the bidder or subcontractor is under criminal indictment or been convicted of a criminal offense.

j) The Airport has a performance scorecard process to evaluate contractor/vendor performance. The purpose of the scorecard is to evaluate contractor/vendor performance and record performance ratings for tracking and documentation. The Airport reserves the right to apply the scorecard results https://www.dfwairport.com/business/opportunities/procurement/supplier-self-service/ to (1) the evaluation of companies responding to our solicitation opportunities and (2) to consider debarment of companies from solicitation opportunities for up to two years.

8) Determination of Non-Responsive Bid - The Board may disqualify a Bid as non-responsive and it shall not be considered for reasons including, but not limited to, the following:

a) The Bid shows any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind, in the sole determination of the Board.

b) Unbalanced value of any items.

c) Improper or insufficient bid guaranty, if required.

d) Bid did not meet specifications.

e) Bid did not contain all requested/required documents, submittals and /or samples.

f) The ability to prove that the project can be executed per the bidder’s baseline schedule.

g) Inadequacy of project resources assigned required per contract.

9) Cone of Silence - To ensure a proper and fair evaluation, the DFW International Airport has established a cone of silence applicable to all Competitive Selection Processes, including RFQs, RFPs and RFBs.

The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences. The cone of silence will be imposed on all Competitive Selection Processes beginning with advertisement for the same and ending with the Board’s selection for RFQs, RFPs or the Board’s award for a RFB. The Cone of Silence begins when the solicitation is advertised/released and ends after the contract/purchase order is awarded, noting that release of some information is restricted by law. Potential bidders/proposers shall not discuss any aspect of a released solicitation with Airport personnel with exception to the contract administrator/ buyer listed in the solicitation.

i See Texas Government Code; Chapter 2252; Subchapter F; Prohibition on Contracts with Certain Companies (including Sections 2252.152 and 2252.153); Chapter 2270; Prohibition on Contracts with Companies Boycotting Israel; and Chapter 2270; Prohibition on Investing Public Money in Certain Investments (including Sections 2270.0001, 2270.0052, 2270.0102 and 2270.0152).