Title: Bid Opening and Award Federally-funded Highway and Bridge Public Improvement Construction/Maintenance Projects
1Bid Opening and Award Federally-funded Highway
and Bridge Public Improvement Construction/Mainten
ance Projects
- Presented
- by
- Wynnette Gentemann, ODOT Procurement
- January 30, 2009
2OverviewRole of ODOTProcurement Office
- Oversee the advertisement, bid and award of STIP
(Statewide Transportation Investment Plan)
Projects. - Ensure compliance with Federal and State laws,
and Oregon Administrative Rules. - Ensure a competitive and fair bidding process.
- Administer ODOTs Electronic Bidding system for
construction contracts.
3Cont. OverviewRole of ODOTProcurement Office
- Prequalify contractors for ODOT work.
- Review bids for responsiveness/ responsibility.
- Communicate award or rejection information.
- Handle bid protests.
- Issue Notice to Proceed.
- Coordinate BOLI Fee payments on behalf of ODOT.
4Overview - Applicable Laws, Rules, Specifications
- Local Agency Guidelines Manual
- http//www.oregon.gov/ODOT/HWY/LGS/Certification.s
html - ODOT Follows These Federal Requirements
Guidelines - United States Code
- Code of Federal Regulations
- FHWA Contract Core Curriculum Participants
Manual - Reference Guide 2006
- ODOT Follows These State Laws
- Oregon Revised Statutes (ORS) 279 A, C
5Overview Competitive Bidding
- Federal Code - Construction contracts are to be
awarded competitively to the contractor
submitting the lowest responsive bid (23 U.S.C
112). - State Law - All public improvement contracts are
based upon competitive bids (ORS 279C.335). - Exceptions to Competitive bidding require ODOT
Director approval and oversight by FHWA. - Emergency Projects (declared emergencies) are
exempted from competitive bidding requirements
although competition is encouraged to the extent
possible.
6Scheduling of Bid Opening Dates
- ODOT has reached agreement with the construction
contracting industry to consider these factors
when scheduling bid openings and projects - Careful scheduling of projects to ensure strong
competition. - Twice monthly bid openings, typically the 2nd and
4th Thursdays of the month. Occasional Tuesday
bid openings. - Avoid placing too many projects at one bid
opening, or too many projects of the same type
(i.e. bridges, paving, etc.). This could result
in diluting number of bidders, resulting in poor
competition.
7Bid Opening Day
- Federal regulation requires all bids to be opened
publicly and announced either item-by-item, or by
total amount. ODOT reads total amounts. (23 CFR
635.113) - Oregon Statute Bids must be opened publicly by
the contracting agency immediately after the
deadline for submission of bids. (ORS
279C.365(2)(c) - Oregon Administrative Rule (OAR731-005-0600) ODOT
shall publicly open Bid or Proposal Price Offers. -
8Progression from Bid Opening to Notice to Proceed
9ODOTs Bid Review Process
- Office of Project-letting
- A Cost Analysis is performed to determine if
price is best value to public. Factors considered
include - Comparison of prices to historical price data.
- Current market conditions and workloads to
determine fair market value. - Number of bids and comparison of prices in range
with other bidders. - Assessment and identification of any apparent
mathematical and/or material unbalancing by the
bidders. - Flawed Procurement. Identification of issues
that may cause the procurement to be considered
flawed (i.e. missing, incorrect, or poorly
defined bid items, significant quantity errors,
etc.).
10ODOTs Bid Review Process (cont.)
- ODOT Procurement Office-Construction
- Review bids for responsiveness and
responsibility. - A responsive bid is one that meets all the
requirements of the advertisement and proposal. - A responsible bidder is one who is physically
organized and equipped to complete the contract
(i.e. has available the appropriate financial,
material, equipment, facility and personnel
resources and expertise).
11Checkpoints for Responsiveness / Responsibility
- Prequalification
- Must be pre-qualified in class of work 10 days
prior to bid opening. (ORS 279C.430 OAR
731-005-0450 OAR 734-010 Oregon Standard Specs
00120.00) - Affiliations / ownership (collusion)
- TERO (Tribal Employment Rights Office)
- Contractor must be certified prior to bidding on
projects on or near Umatilla Indian Reservation
(23 USC 140 23 CFR 635.117) (http//www.oregon.go
v/ODOT/CS/OPO/construction/docs/TEROcontractors200
5wo.pdf
12Checkpoints for Responsiveness / Responsibility
(cont.)
- Construction Contractor Board (CCB) License
- Required prior to bid for state funded prior to
execution of contract for federally-funded (23
CFR 635.110(b)(c) ORS 279C.365(1)(k) ORS
701.055 ORS 671.530 Oregon Standard Specs
00130.40 (d)) - Secretary of State Business Registry
- Required prior to execution of contract for
federally-funded (23 CFR 635.110(b)(c) Oregon
Standard Specs 00130.40 (d))
13Potential Causes for Delays in Award or Notice
to Proceed
- Protests
- An adversely affected Offeror may submit to ODOT
a written protest of award within three working
days after issuance of Notice of Intent to Award
(OAR 731-005-0690). - Most common protest issues include
- DBE Goal
- Subcontractor Disclosure form
- Unbalancing of bid items
- Prequalification
14Potential Causes for Delays in Award or Notice
to Proceed (cont.)
- Disqualification
- Under certain circumstances, a company can be
- disqualified from bidding with ODOT for up to a
period - of 3 years (ORS 279C.440
- Conviction under state or federal antitrust
statutes. - Violation of contract provision that is regarded
by ODOT to be so serious as to justify
disqualification. - DBE infractions.
- Does not carry workers compensation or
unemployment insurance.
15Notice of Award and Notice to Proceed
- After all bids have been reviewed, award is
approved by ODOT Deputy Director, or Oregon
Transportation Commission. Some projects require
concurrence by Federal Highway Administration. - Contract is executed by all parties and a Notice
to Proceed with construction is issued to the
Contractor.
16ODOT Construction Contracts Contact Information
- Wynnette Gentemann, Manager
- Procurement Oversight Construction Contracts
- (503) 986-2987
- Wynnette.gentemann_at_odot.state.or.us
- Vera Wicks, Leadworker
- Construction Contracts Unit
- (503) 986-6917
- Vera.wicks_at_odot.state.or.us
- Fax (503) 986-6910
- Website
- http//www.oregon.gov/ODOT/CS/CONSTRUCTION/