Domain 5 - Procurement Flashcards
Describe the solicitation documents used for bidding.
(Bid or Negotiated)
Solicitation is the process of notifying prospective or qualified bidders on the wish to receive bids or proposals for a specific product or project. Documents used:
*Invitation-to-Bid (ITB) / Advertisement for Bids
*Request for Qualifications (RFQ)
*Request for Proposal (RFP)
Intended to attract selected qualified bidders and to help prospective bidders decide whether to obtain the procurement
documents.
Invitation-to-Bid (ITB)
asks bidders to provide information regarding their capability to do the work. It may be submitted with a bid.
Request for Qualifications (RFQ)
a public notice to all qualified bidders—not only a select few.
Advertisement for Bids
Owner desiring to work with a specific qualified bidder.
Request for Proposal
Describes the information a bidder/proposer needs to properly
prepare and submit a bid as well as the conditions affecting the award of the contract.
Supplementary instructions are project- or owner-specific modifications to the instructions to bidders and are not always necessary.
Instructions to bidders
Not considered a part of the instructions to bidders.
Bound into the project manual.
Bid Form
What basic items are found in the Instructions to Bidders?
1.) Documents
2.) Time limitations for the Examination of documents, Site visit, and local conditions
3.) Interpretation during bidding
4.) Substitution of Products
5.) Type of Bid
6.) Preparation of Bid
7.) Bid security information
8.) Performance Bonds and Payment Bonds
9.) Subcontractor listing
10.) Identification and Submittal of bid
11.) Modification or withdrawal of bid
12.) Disqualification of bidder
13.) Applicable Laws
14.) Prebid Meeting
15.) Liquidated damages
16.) Opening of Bids
17.) Evaluation and consideration of Bids
18.) Execution of Agreement
List standardized forms used for Instruction to Bidders
1.) AIA Document A701, Instructions to Bidders
2.) AIA Document A 751, Invitation and Instructions to Vendors for Quotation for Furniture, Furnishings, and Equipment.
3.) ConsensusDocs 270, Instructions to Bidders on Private work
4.) ConsensusDocs 271, Instructions to Bidders on Public work
5.) EJCDC C-200, Guide to the preparation of Instructions to Bidders.
6.) EJCDC P-200, Suggested Instructions to Bidders, Procurement Contracts.
Supplementary Instructions
Project or Owner specific modifications to the Instructions to Bidders
What basic items are found in the Bid Form?
1.) Project Identification
2.) Name and address of the party to whom the bid is directed
3.) Entity Submitting Bid
4.) Acknowledgements ( “The bidder agrees to..”)
5.) Amount of time bid to be held open
6.) Identification of Addenda
7.) Prices
8.) Combined bids
9.) Alternates
10.) Allowances
11.) Unit Prices
12.) Completion time
13.) Liquidated damages
14.) Supplements (additional forms)
15.) Closing
Identify the types of Bid or Proposal Form (Negotiated) supplements.
1.) Bid Security Form ( binds the winning bidder to the contract)
2.) Allowance Form/ Unit Prices Form/ Alternates Form
3.) Substitution Request Form (during procurement)
4.) Estimated Quantities Form
5.) Proposed Products Form
6.) Proposed Subcontractors Form
7.) Minority Business Enterprise Statement of Intent Form
8.) Wage Rate Form
9.) Proposed Schedule of Values Form
10.) Proposed Construction Schedule Form
11.) Proposed Work Plan Schedule Form
12.) Bid Submittal Checklist
Statements of qualifications (bidders) provided to the owner with more information in which to make a decision other than just price.
Single Purpose form/ Certificates or Representation
List types of Single Purpose forms:
The owner may require more information from bidders than can be provided in most bids. If bidders are not prequalified prior to solicitation, representations and certifications are effective means of obtaining information to be evaluated. There may be a procurement requirement for the execution of single purpose forms (usually provided by the owner) as a means of verifying that a bidder has a particular qualification that is important to the project.
1.) AIA Document A305, Contractor’s Qualification Statement
2.) Non-collusion Affidavit
3.) Statement of Disposal Facility
4.) Worker’s Compensation Certification Schedule
5.) Non-segregated Facilities Affidavit
6.) Equal Employment Opportunity Affidavit
7.) Minority Business Enterprise Affidavit
8.) Corporate resolutions
9.) Governmental certification
Name the 4 options available to the owner when selecting a contractor? (subcontractor, suppliers, equipment rental firms, and service firms)
a.) Low Bid
b.) Best Value: Total Cost
c.) Best Value: Fees
d.) Qualifications-based selection
What three questions should be asked that lead to a procurement option?
1.) Is PRICE part of the final selection criteria? Yes or NO?
If NO, then use procurement type: Qualifications Based Selection
If YES, then (2.) Is the price the Construction Cost?
If NO, then use Procurement type: Best Value Fee
If YES, then (3.) Is the price the final and sole selection criteria?
If No, Then use procurement type: Best Value:Total Cost
If Yes, then use procurement type: Low Bid.
Low Bid option ( Competitive Sealed Bid/ Sealed Bid)
*Contractor with lowest bid is selected by the Owner
*Represents the total construction cost
* sole criteria for the selection of the Contractor
Best Value: Total Cost option (Competitive sealed proposal, best value source selection, or competitive proposal selection)
- The Total Construction cost is NOT the Sole Criterion for the decision by the owner.
- Select by Total cost and other factors intended to maximize the benefits and optimize the solutions to the Owner’s needs. These factors may be: Personnel qualifications; Technical capabilities; past performances; Proposed subcontractors and suppliers, Creative and beneficial proposals to reduce cost or time; History of Lawsuits and claims.
Best Value: Fees option (Best Value source selection(fees), or Competitive sealed proposal (fees)
- Fees and not Total Construction cost is an important factor.
- Other factors in the evaluation of the proposal include: Design contingency; Construction Contingency, Project Budget estimate; Preconstruction service fees; Construction services fees; Post- construction service fees; General conditions estimates.
Qualification Based Selection option
- Qualifications sole criteria for selection by owner
*Price and Fees are NOT a criterion for evaluation
*Selection focuses on the quality and value associated with helping the owner achieve budgetary and functionality goals. - experience; financial stability, project excellence, reputation, staff and resources, bonding capacity.
Qualification Based Selection option (negotiated , competitive negotiation, or single source selection)
- Qualifications sole criteria for selection by owner
*Price and Fees are NOT a criterion for evaluation
*Selection focuses on the quality and value associated with helping the owner achieve budgetary and functionality goals. - experience; financial stability, project excellence, reputation, staff and resources, bonding capacity.
Qualification Based Selection option (negotiated, competitive negotiation, or single source selection)
- Qualifications sole criteria for selection by owner
*Price and Fees are NOT a criterion for evaluation
*Selection focuses on the quality and value associated with helping the owner achieve budgetary and functionality goals. - experience; financial stability, project excellence, reputation, staff and resources, bonding capacity.
Competitive Bidding process
Bidders are solicited by an owner to prepare pricing based on procurement documents and to submit their pricing as bids. The submission of the bid or proposal is one of the most important steps in the competitive bidding process and should be allowed a reasonable amount of time to perform bidding activities.
Identify the activities associated with the competitive bidding process
- Bid Solicitation
- Distribution of Procurement Documents
- Prebid Meeting
- Examination of Site Conditions
- Requests for Information and Responses
- Substitution Requests
- Addenda
- Preparation of Bids
- Submitting Bids
- Bid Opening
- Evaluating Bids
- Award of Contract
Bid Solicitation
To inform the bidders (prospective contractors) about the project.
Prebid Meeting
Allows the owner, architect/engineer, and architect/engineer’s consultants to orient the bidders to conditions affecting the project. The date, time, and location of the prebid meeting is documented in the bid solicitation. The owner may or may not make attendance a mandatory condition of the bidding process. Typically, the architect/engineer prepares an agenda for this meeting.
Examination of Site Conditions
There is typically a requirement in the instructions to bidders for the bidders to visit the site and examine the conditions affecting construction. Examining the site helps educate the bidders so that the company can make an intelligent bid.
Substitution Requests
If substitutions are permitted during the bidding period, bidders and sub-bidders may propose substitutions for materials, products, components, equipment, and systems during the bidding period in accordance with the instructions to bidders. If a substitution is judged to be acceptable, the architect/engineer will issue an addendum advising bidders to incorporate the substitution into the procurement documents so that it can be bid as an acceptable equivalent to comparable specified products
Preparation of Bids
Immediately preceding competitive bidding deadlines, numerous sub-bids, both solicited and unsolicited, are transmitted to the bidders. The bidders quickly evaluate each sub-bid for its completeness and consider the qualifications of subcontractors and suppliers. Once all of the sub-bids and supplier bids have been received and included with other pricing they are tabulated and filled in on the bid form.
The preparation of bids is a three-tiered process:
*Tier 1: An owner solicits bids or proposals from prospective contractors.
*Tier 2: The prospective contractor solicits bids for portions of the project from subcontractors and suppliers.
*Tier 3: The subcontractors and suppliers in turn solicit bids from sub-subcontractors and sub-suppliers.
Submitting Bids
The time and place for the submission of bids is a fixed time of day, on a particular date, and at a specific location. The bid is then sealed and deposited at the required location on the bid due date and immediately before the time for receipt.
Evaluating Bids
Immediately preceding competitive bidding deadlines, numerous sub-bids, both solicited and unsolicited, are transmitted to the bidders. The bidders quickly evaluate each sub-bid for its completeness and consider the qualifications of subcontractors and suppliers. Once all of the sub-bids and supplier bids have been received and included with other pricing they are tabulated and filled in on the bid form.
The preparation of bids is a three-tiered process:
*Timelines (submitted on or before deadline)
*Completeness
*Variance from the construction budget
*Competitive bidding irregularities
Describe the characteristics of the public bidding process
*Laws have placed significant restrictions on how projects that use public funds may be competitively bid.
*It requires contracting the project in an open environment for the lowest available price with the most qualified contractor.
*Requirements are more formal and subject to more public scrutiny than privately funded projects.
*The restrictions cannot be waived or modified for a bidder’s convenience.
*Changes in the restrictions must be made through formal legislative-administrative procedures.
Identify additional considerations that public projects include
in the bidding process
- Wage requirements (Davis-Bacon Act, rates of wages for laborers and Mechanics)
- Percentage of the bidder’s own labor forces provided
- Minority business enterprise/disadvantaged business enterprise
- Environmental requirements (or restrictions, wetlands, etc.)
- Liquidated damages (failure to complete project on time)
- Incentives (early completion reward)
Identify supplemental procurement documents that
may be required for public projects
*Statement of Qualification
*Tax Liability
*Proof of Insurance
*Bid Security
*Non-collusion affidavit
*Minority and disadvantage business participation
*Acknowledgments
Describe bid solicitation requirements for public projects.
*Laws require that information about public projects be made available to the public through published advertisement.
*Bid solicitations are normally published in project reporting websites or by notices posted in public locations such as government websites.
*State and federal projects are advertised in state and federal registries, which are available to the public.
The Minority Business Enterprise Affidavit is an example of which of the following? Check all that apply.
a.) Representation and certification
b.) Statement of qualifications
c.) Supplemental procurement document
d.) None of the above
a.) Representation and certification
c.) Supplemental procurement document
True or False? Any substitutions by bidders
should be submitted during the bidding
process using a Substitution Request Form
and in accordance with the instructions
to bidders.
True
Which of the following is the best solicitation document to use for a public project?
a.) Invitation for Bids
b.) Advertisement for Bids
c.) Request for Proposals
d.) Request for Qualifications
b.) Advertisement for Bids
What is the purpose of addenda?
The purpose of addenda is to modify the procurements documents by issuing revisions to the documents, list new requirements, to correct error and omissions, add clarifications and provide answers requested by bidders.
When are addenda used?
After the bidding period starts, and before the bids are submitted to the owner.
Describe the role of subcontractors in the bidding process
*Subcontractors are the principal providers of labor and materials on a project.
*As specialists, subcontractors can provide other project participants with important information such as technical data, financial cost estimating, installation requirements, manufacturing/delivery scheduling, facility maintenance programs
*The subcontractors in turn may solicit bids from sub-subcontractors.
* A valuable resource for the design and construction teams.
The unethical practice of a bidder revealing the price of one subcontractor to obtain a lower price from another subcontractor during the procurement process. It can also consist of a bidder asking the subcontractor to reevaluate their prices and find ways to lower them after a price has been submitted.
Bid shopping
Describe the effect Bid Shopping has on the bidding process
Bid shopping can have the following effects on the bidding process:
* It has the potential for adversely altering project performance or imposing unanticipated risks on other project participants, because it encourages cost-cutting measures that might
compromise project quality and requirements, and the owner does not always receive the financial benefit of the cost savings.
* It can lead to unauthorized substitutions and generally degrades the competitive bidding environment.
List ways to control Bid Shopping.
*Bid Depositories: subcontractors submits directly to Owner.
*List of Subcontractors: contractors submits list to Owner.
* Architect/Engineer measures: QC/QA, Control Substitutions, Clear construction documents, Prompt review of submittals, Retainage,