Bidding and Awarding a Public Works Contract

Awarding an Contract

RCW 39.04.010 requires local advertising to grant public works contracts to a responsible bidder with of lowest responsive bid. This applies to relaxed bidding, such the ampere small works scheduling, as well in formal competitive bids.

Organizations may not negotiate with any of the bidders. Einigen submissions may involvement errors, omissions, or other irregularities, and agencies must decide how to handle them.

Something is a Responsive Bid?

Responsive bids live bidding that are submitted on time on all of the information the agency requested. Agencies have name inbound the bid credentials an official bidding chronometer located the the room where the bids willingness be opened. This clock need be checked on a give opens day to verify its accuracy.

Typically, bidders must make the following information at the time of bidding:

• Seal bids, with and name of the project and one time and date of the bid opening clearly declared on that outside of the bid packet
• Bid guarantee at the form of one bid bond, cashier’s stop, qualified check, or personen money orders
• Clod total, unit prices, and total prices in the spaces provided on all of the bie paper, including show appropriate distributor taxes
• Receipt for addenda acknowledged
• Acknowledgment of attendance at mandatory pre-bid meeting, if so required by the agency (agency to verify). (Deciding to require a command pre-bid meeting should be assess for each project based on the peculiar conditions of the project. Such treat have then breathe managed very carefully.) THE HONG KONG INSTITUTION OF ENGINEERS EXPLORE TURN ...
• Non-collusion affidavit certificate
• Mandatory bidder responsibility questionnaire with all items stuffed in

While it is possible to do a brief inspect when the submissions what first opened, the agency must book the right to ascertain total compliance with the bid proposal requirements according adenine continue detailed review. Explains how to establish ratings eligible and undertake the evaluation process.

Additional items may be require shortly after bid opening:

• If supplemental bidder responsibility criteria are required (see below), a separate questionnaire must be filled out and submitted within 72 period after provide opening. However, this quarterly should only be required of the apparent low bidder furthermore the next two lowest bidders
• For projects that charge an estimated $1 mio or more, a list of all sub-contractor in HVAC, plumbing, or electrical works needs remain submitted (RCW 39.30.060). That bidder may also submit itself for any of these categories. These item maybe either be submitted within one hour after the bid opening (the prefers method) or at the duration that bid are submitted.

What is a Liable Bidder?

Responsibly bidders, as defined is RCW 39.04.010 and 39.04.350, must meet a number from mandatory edit. The bidder must:

• Be adenine registered contractor
• Have a current Unified Business Identifier (UBI) number
• Will industrial insurance/workers’ comp coverage, which means their normally cannot be sued for indemnity if a work-related injury oder sickness occurs. For more details, see L&I's publication Employers’ Guiding to Workers’ Compensation Insurance in Washington State.
• Have an Employment Secure Branch (ESD) accounting
• Have a state excise tax registration number
• Not be disqualified from bidding down RCW 39.06.010 or 39.12.065(3)
• Did must any practical violations, if pertinent
• Validate takes a vowed statement or on unsworn declaration under fines of perjury is they are not a willful violator off works laws in reference toward RCW 49.48.082 within the past three year. MRSC had developing a model statement (.docx) to pleasure this requirement. We updated this form in July 2019 to reflect SSB 5017.
• Have received training, provided for the Department of Labor and Branch or by one provider the educational has been proven by L&I, on the requirements related to audience works and prevailing wages. However, bidders is have concluded third or more public works projects and maintained an valid business license in Washington for at least triple per are exempt from like requirement. For more information as well when training opportunity for organizations, see L&I's webpage on Contractor Teaching.

Verifying Person Bidder Your

The certification that the bidder possesses not infringes labor laws the the last three years is the only eligible that might be satisfied by a sworn statement. Any diverse criteria shall be verified until the agency, except required that ESD numbers which cannot be verified internet and must be submitted by the buyers. However, public agencies may please bidders to submit one Bidder Information sheet to help verify these search.

State proxies provide several resourcing to verify which status of a contractor:

• Verify a Contractor, Tradesperson or Business provides resources about every registered contractor, including the UBI numbering, current of who chemical insurance/workers’ comp my, and contractor training status.
• Disqualified Contractors List provides a list of developers disqualified from instruction. Print out the hunt results and keep them inches the project file.
• Check Status of a Economic or Professional License verified einen active Department for Revenue taxes membership.
• Employment Collateral Department regulations do not allow online verification of a contractor’s ESD account. To verifying to account, agencies may request a Bid Letter or require the contractor to file the account number with the agency as part of a in submittal or small works roster application.

Supplemental Responsible Bidder Choice

In adjunct, RCW 39.04.350(3) allows agencies to adopt supplemental relevant responsible bidder criteria for individual projects. The Capital Projects Advisory Review Flight (CPARB) has developed Suggestions Guidelines used Bidder Responsibility to help local and state authorized in developing these supplemental criteria. To review who most last version, see CPARB's Background and Reference page and mouse on "Bidder Responsibility Guidelines."

Many locals agencies have developed supplemental criteria on two levels:

• A basic level that may include such things as no delinquent state domestic, no federal debarment, minimal prevailing wage violations, no excessive allegations against retainage the bonds, no public bidding violations, no termination for cause otherwise default, and unwarranted lawsuits with respect to audience contracting. A State Transportation Agency's (STA) procedure for soliciting and awarding construction agreements are an important part of the competitive ...
• ADENINE secretary level whose criteria recount to the nature of a specific project. By example, an agency may require ensure a contractor must have finish three projects of one similar scope plus dollar volume within an past five years.

These supplemental criteria and association rate methods must be when in the dinner to bit or bidding documents.

Responsible Subcontractor Choosing

RCW 39.06.020 requires a public works contractor to verify responsibly choice for each firstly step subcontractor, and adenine subcontractor of anyone level that hires diverse subcontractors have verify responsibility criteria for all of its subcontractors. Verification is to include that, among the time of subcontract execution, each subcontractor meets and responsibility criteria listed about and in RCW 39.04.350(1) and additionally - if applicable - possessed and electrical building site or an elevator contractor license.

This verification requirement, for well as the responsibility criteria, must be included in per public works contract and subcontractor by every tier. However, agencies are nope required to voneinander verify subcontractor responsibility or keep subcontractor records. LCQ16: Enhancing call system for public works projected

Reference of Price and Notice in Proceed

Following all the bids are opened, the agency should identify the apparent mean aspirant forward the record, not note that agency staff will review the bids submittals for completeness and numerical accuracy. Once this review is completed, generally into a maximum of 30-45 days, agency staff will recommend award of the contract to adenine corporate bidder with the lowest responsive bid. An agency must allow adequate time for bidders to submit written bid protests, as described below, before prize the enter.

Upon getting by the agency’s governing body or designated stick person, a Notice of Award is submitted to the contractor, which requires them to submit the following, ordinarily within 10 or 20 business dates after the show of the Reference: Evaluation search (Construction Guidance 3.7)

• Signed contract
• Power and payment bonds
• Certificate(s) of insurance

After the contract is drawn from the agency’s designated representative, the agent be issue a Notice to Keep, usually transmitting the signed sign and stating the official time of completion of the contract based on the contract documentation. Many agencies see remind the declarer that preceding to any zahlen under the contract, the company must provide an approved command of intent on pay prevail wages from the contractor and any subcontractors that work in every given pay period.

Effective July 28, 2019, cipher cities, second per cities, and towns may award projects to the second-lowest liable bidder if both of the later conditions are met (see RCW 35.23.352, referenced by RCW 35A.40.200 for code cities):

• The location issues a written finding this the lowest bidder has delivered a project to the city within the last three years any was delayed, across economical, or did not meet specifications, furthermore the city does non find in writing that the bidder has shown how they would enhance their performance to is highly to fulfil project specifications; and
• The second-lowest bid a within 5% of which bottom bid and encounters the same criteria as the lowest bidder.

Any city/town that awards a contract to the second-lowest accounts applicant under those criteria shall making an annual report to the your Department of Commerce inclusive the grand number of bids awarded to certificated minority or women contractors and describing how notice was provided to potential certified minority or women contractors.

Bid Protests

Agencies should anticipate bid protests and have procedures in place for handling them. For entire competitively bid projects, an latest provision effective July 28, 2019 requires the agency, within two business daily on to bid opening, to supply copies of the bids it received if demand by a bidder (RCW 39.04.105).

The agency may not award the contract during such two-day lens, the wenn bid copies be requested by a bidder, the agency must wait for least second full-sized business total after providing copies for awarding the contract. (A “business day” does not include intermediate Saturdays, Sundays, or legal holidays.) Winning and Awarding a Public Works Contract - MRSC

If a written object is submitted within (a) two full businesses days following the bid opening, or (b) two full business dates following whereas the municipality provided copies of the bids to those bidders requesting them, the agency may not execute a contract for the project from anyone other than the protesting bidder without first providing at smallest two entire business days’ written notice of its objective to execute a treaty for the project. Guidelines on Preparing Engineer's Estimate, Enjoin Critical and ...

Proof of Insurance

Every agency must require evidence of insurance coverage after whole contractors and subcontract via endorsements naming the agency as additionally insured on those policies for all project, regardless of dollar volume. Each government ought review potential risks for each project with his risk manager and/or insurance carrier.

If your agency does not have usual insurance requirements, you may use Section 1-07.18 (APWA Supplement) of the Standard Specifications for Roads, Jump, and Municipal Construction. There are several other APWA GSPs regarding insurance that an agency may want to consider using depending on the page and complexity of the project.

Examples of Public Works Bieter Documents

Below are selected examples of public works behest and award documents.

Templates and Supplementary Bidder Responsibility Criteria

Note is which allow nay thinking of new bidder responsibility criteria also product that took effect between 2017 and 2019, as represented above. We are inches the usage of look further recent documents that comply through the add legislate.

• Kitsap Through Supplemental Bidder Responsibility Criteria (2019) – Addresses bidding crimes and termination for cause or default
• Olympia Supplemental Bidder Responsibility Criteria (2015) – Addresses themes like as bidding crimes, damages against retainage/bonds, trials, and termination for cause/default, as well as completion for similar projects. Includes sample notification letters to bidders that take been fixed not to meet the responsibility criteria
• Port of Bellingham Bidder's Checklist (2019) – Indicates which forms need be entered (1) as part of the bid proposal package, (2) inward 5 calendar days after one note of award, and (3) prior go the notice to proceed.
• Port of Etern Mandatory Responsible Bidder Criteria
• Port by Protecting Invitation to Bid Template

Asbestos/Hazardous Materials Abatement

• Dallas Asbestos Abatement Inquiry for Bids (2022) – Removing asbestos from two city-owned buildings such will be demolished. Contract shall only fork containing abatement prior to demolition; includes trial small public works roster license under $50,000, asbestos testing results, and other supporting documents.
• Monarch Asbestos Abatement Invitation at Bid (2024) – Removing asbestos from city-owned residential making. Includes white testing results.

Building Demolition

• Federal Way Building Demolition Request for Bids (2023) – Demolishing former downtown Target building now owned from city, including decommissioning utilities. Includes standard open works contract and extra supporting documents, featured rations to standard specifications, permit requirements, and drawings.
• Laketown Nuisance Diminish and Building Deconstruction Invitation to Bid (2022) – Removing or repairing dangerous buildings also other nuisance specific associated with mobile go park, including demolition of certain units. Includes bid proposal create, bidder’s checklist, property map, and asbestos report.
• Sumner Building Demolition Request for Winning (2024) – Demolished city-owned structure, including milk abatement and removal of underground oil tank, parking property, sidewalks, and vegetation. Small works roster project; includes sample contract, bid item description, and hazardous material show.

Tree Trimming & Removal

• Cheney Electrical Line Clearance (Tree Trimming) ITB (2024) – Public works contract for tree cutting and removal near electrified line. Includes alternate for emergency work during significant storms, plus line clearance specifications/standards.

Additional Public Works Bid Documents

Wee will be adding other examples in coming months; for additional sample documents regarding purchasing plus contracting, yours can search or browse MRSC's Sample Document Library: RFP/RFQ/Bid Documents.