ANNOUNCEMENT OF PRE-QUALIFICATION PROCEDURES FOR CONSTRUCTION CONTRACTORS
Notice is hereby given by the Dublin Unified School District (“District”) that prime or general contractors and mechanical, electrical and plumbing (“MEP”) subcontractors (as defined in Public Contract Code section 20111.6) planning to participate in bidding or proposing on certain public projects to be undertaken by the District, must be pre-qualified prior to submitting bids or proposals for such public projects. Pursuant to Public Contract Code Section 20111.6 bidders on all public projects using funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 or any funds from any future state school bond that involves a projected public project expenditure of one million dollars ($1,000,000) or more, must be pre-qualified.
In order to submit a bid or proposal for any project requiring pre-qualification, prospective bidders must submit a pre-qualification questionnaire, and a financial statement, at least ten (10) business days prior to the date for submission of any response to a District bid or other solicitation covered by this pre-qualification. All prospective bidders must be deemed pre-qualified to bid or propose at least five (5) business days prior to that date.
This prequalification packet includes a questionnaire and financial statement, to be verified under oath. The District will use the information and documentation required by the packet to prequalify general contractors and MEP subcontractors in accordance with Public Contract Code section 20111.6.
All questions in the questionnaire must be answered. If a question is not applicable, then indicate a response of “N/A”. “You” or “Yours” as used herein refers to the prospective bidders’ firm and any of its owners, officers, principals and qualifying individuals. Any references to owners, officer, principals or partners herein shall include any qualifying individuals including any RME or RMO. If two or more business entities submit a bid on a project as a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid.
Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the contractor on whose behalf that person is signing. If any information provided by a prospective bidder becomes inaccurate, the prospective bidder must immediately notify the District and provide updated accurate information in writing, under penalty of perjury. Each prospective bidder shall have a duly authorized owner, officer or principal complete the questionnaire and verify the truth of the information provided therein and in the financial statement.
In addition to completing the attached questionnaire, each prospective bidder must submit its most current reviewed or year-end audited financial statement, which must have been prepared by a certified public accountant within twelve (12) months of each prospective bidder’s submission of the prequalification package. Each prospective bidder must also provide its most current financial statement, which must have been prepared within three (3) months of each prospective bidder’s submission of the prequalification package. Finally, each prospective bidder must submit a notarized statement from an admitted surety insurer (approved by the California Department of Insurance and authorized to issue bonds in the State of California) which states your current bonding capacity.
Financial statements submitted with this prequalification package shall not be prepared by any individual who is in the regular employ of the firm submitting the statement, nor by any individual or entity who has more than a ten percent (10%) financial interest in the firm’s business. If the individual or entity that prepared a financial statement submitted with this prequalification package has any financial interest in the firm’s business, the firm shall notify the District of such financial interest in a separate signed statement accompanying this prequalification package.
Prospective bidders are encouraged to submit prequalification packages as soon as possible, so that they may be notified of prequalification status well in advance of the bid process. The prequalification packages should be sealed, marked “CONFIDENTIAL PREQUALIFICATION,” and mailed to the following:
Ms. Kim McNeely, Executive Director of Facilities
Dublin Unified School District
7471 Larkdale Avenue, Dublin CA. 94568
The questionnaire answers and financial statements included in the prequalification packages submitted by prospective bidders are not public records and are not open to public inspection. All such information provided will be kept confidential to the extent permitted by law, although the contents may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, and in the process of any subsequent proceedings. State law requires that the names of contractors applying for prequalification status shall be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose.
Evaluation by the District
The District will evaluate the information provided and issue each submitting prospective bidder a rating of “Prequalified” or “Not Prequalified.” The District’s decision will be based on the information provided, references, and such additional outside information as the District in its discretion deems reasonable and necessary to obtain. The District may, but is not obligated to, investigate the truth of any statements or information provided by a prospective bidder in response hereto.
Prequalification approval will remain valid for one (1) calendar year from the date of notice of qualification, except that the District reserves the right during that calendar year to adjust, increase, limit, suspend or rescind the pre-qualification ratings based on subsequently learned information and after giving notice of the proposed action to the prospective bidder and an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre-qualification determination.
It is the intent of the prequalification questionnaire and documents required herein to assist the District in determining bidder responsibility prior to the submission of bids or proposals. The fact of prequalification, nor any prequalification rating, will preclude the District from a post-bid consideration and determination on a specific project of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness.
A prospective bidder who has timely submitted a completed application form, and who receives a rating of “Not Prequalified” from the District may appeal that determination. There is no appeal from a finding that a prospective bidder is not prequalified because of a late application or a failure to submit required information. A prospective bidder may appeal the District’s decision with respect to its request for prequalification, by giving written notice to the District no later than five (5) business days after receipt of notice of its qualification status. Notice shall be sent to the address listed above. Unless a prospective bidder files a timely appeal, the prospective bidder waives any and all rights to challenge the qualification decision of the District, whether by administrative process, judicial process or any other legal process or proceeding. The District reserves the right to resolve appeals before or after bid opening or established date for receipt of proposals. The District recommends that contractors seeking pre-qualification submit their documents to the district as early as possible to allow for an appeals process should one be necessary. The date for submission of proposals or bids for a specific project and any subsequent contract award will not be delayed or postponed to allow for completion of an appeal process.
After receipt of a request for appeal, the District will provide the prospective bidder any supporting evidence that has been received from others or adduced as a result of an investigation by the District. The appealing prospective bidder will be provided an opportunity to rebut any evidence. The District, in its sole discretion, may conduct a hearing regarding the prospective bidder’s timely appeal. If such a hearing is conducted, the prospective bidder consents to the District’s Assistant Superintendent of Business Services, or his or her designee, to act as the hearing officer.
Bids or Proposals will not be accepted from any prospective bidder or entity that did not timely submit a completed prequalification questionnaire and supporting documents, including financial statements, to the District. Omission of requested information, falsification of information, or failing to use the forms provided by the District may result in a finding of “not prequalified”.
MEP subcontractors (licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses) must also meet prequalification requirements on all projects using funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 or any funds from any future state school bond that involves a projected expenditure of one million dollars ($1,000,000) or more. If a project includes electrical, mechanical, or plumbing components that will be performed by MEP subcontractors, a list of prequalified general contractors and MEP subcontractors will be made available by the District to all bidders at least five (5) business days prior to the date for response to a District bid or other solicitation covered by this pre-qualification.
If a general contractor uses any MEP subcontractor required for any project, such MEP subcontractor must be prequalified pursuant to these prequalification forms and requirements. If a MEP subcontractor in any general contractor bid or proposal is not prequalified, that bid or proposal will not be accepted.
Prospective bidders and proposers are warned that a project may have specific requirements that differ or are in addition to being properly prequalified pursuant to these documents. A determination that a contractor or MEP subcontractor is prequalified pursuant to these documents does not automatically mean a contractor or MEP subcontractor meets all of the requirements of a specific project. Prospective bidders are instructed to carefully review the requirements for each project before submitting a bid or proposal.
The District reserves the right to amend the prequalification packet at any time. The District reserves the right to waive minor irregularities and omissions in the information contained in the prequalification application submitted and to make all final determinations. Additionally, a determination by the District that a prospective bidder is prequalified does not amount to a final determination that such prospective bidder is responsible or responsive for purposes of bid or proposal evaluation. The District may, in accordance with applicable law reject a prequalified contractor’s bid or proposal, and the District may additionally reject all bids and proposals if it determines such action is in the best interest of the public.