PURPOSE
The purpose of this procedure is to provide guidelines for properly answering questions received during the project’s advertising period, and the steps necessary for preparing, processing and issuing addenda.
REFERENCES
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RESPONSIBILITIES
Project Manager (PM): The PM responds to questions posed by prospective bidders during the bid period. The PM may delegate the responsibility of documenting, compiling, and preparing responses to the questions to the Project Engineer (PE). The PM is responsible for delivering the addendum documents to the Project Award and Control Division for processing and distribution. The PM is also responsible for preparing and submitting Board Reports and Motions to the Board to approve changes to the bid date or changes exceeding the City Engineer’s authority.
Project Engineer (PE): The PE may be responsible for preparation of the addendum documents.
Project Award and Control Division (PAC): PAC is responsible for compiling the addenda documents, finalizing the addenda summary, and issuing addenda to all plan holders. PAC may process required Board Reports or Motions for Board approval. The PAC Manager is available to answer any questions that the PM may have about appropriately responding to bidders during the advertising period.
PROCEDURE
The Bureau of Engineering’s (BOE) responses to questions by Contractors must be complete, fair, and impartial. Answers must be provided to all plan holders so that the BOE does not create an unfair bidding advantage for some bidders. Bid protests that could jeopardize the award of the project may result if all of the Contractors do not have the same information when preparing their bids. The PM should request Contractors to submit questions in writing, if possible. If this isn’t practical, the PM should write the question and document when it was received. PMs should retain all questions received and the responses issued in the project file.
Addenda provide clarifications to or change the original plans and specifications for a project. Addenda become official parts of the construction contract. Addenda are issued to resolve questions arising during the advertising period; to clarify, modify or correct the project plans and specifications; to distribute summaries of utility notices; to change the project bid date; or change the City Engineer’s Estimate for the project.
When a project is advertised for bid, Bidders are usually allowed a bid preparation period of five weeks but it could be longer depending on the project complexity. The bid period starts on the date that the Board approves the project for advertising. The Bid Package, prepared by the PAC, refers the Bidders to the PM for inquiries concerning the plans or technical a spects of the project. PAC only provides the PM’s e-mail address to help ensure that all questions are submitted in writing to the PMs during the bid period. The BOE does not want inappropriate answers to be given to potential Bidders unintentionally at the Pre-Bid Meeting, Job Walk, or over the phone. This can create an unfair advantage for some Bidders and may create grounds for protest.
Responding to Questions
Upon receiving an inquiry or request for additional information concerning the plans or technical specifications, the PM must take one of the following actions, as appropriate:
The PM directs the requester to the location in the bid documents where the answer can be obtained. This may only be done if disclosing the information does not change the bid or give the Bidder an unfair advantage. The PM should ask the Bidder to submit their question in writing if they are unsure.
The PM asks the Contractor to submit a written request. The Contractor’s written request will then be studied and, if warranted, a response will be written and distributed to all prospective Bidders via addendum.
When time is critical (remaining time to scheduled Bid Opening date is nearing fourteen calendar days), verbal or telephone requests not covered by Option 1 above shall be documented. The PM can write the question and then read it back to the Contractor to verify its content. Without responding to the inquiry, the PM should inform the Contractor that the inquiry will be studied and, if warranted, a response will be formulated and distributed by an addendum to all prospective Bidders.
When there is insufficient time prior to the Bid Opening date to issue an addendum (typically less than fourteen days) and the bid date cannot be extended, the PM should not respond to any questions. Contractors should be instructed to tender their bid "as is" to the best of their ability.
Changes to the bid date or changes that increase the City Engineer's Estimate by more than $100,000 must be approved by the Board of Public Works prior to issuing the addendum. For such changes, the PM must prepare and process a Board Report or Motion explaining the reasons for the change and submit the Board Report or Motion, along with the addendum documents and cost impact estimate, to the PAC for obtaining Board approval. Upon receipt of the addendum documents, the PAC inserts any additional information required, finalizes the addendum summary, and assembles and reproduces the addendum for uploading to the Business Assistance Virtual Network (BAVN).
In all cases, the PM must prepare a written record of all inquiries and requests for additional information as well as the responses issued. Copies of the requests and responses should be sent to the PAC as soon as possible. The PAC Manager is available and may be contacted to answer any questions concerning appropriate responses to bidders during the advertising period.
Issuing Addenda
When the PM determines that clarifications or changes to the original bid documents are required, the PM may instruct the PE to prepare an addendum (Attachment 13.5-1). The PE coordinates the preparation of the addendum documents, which includes a written description of the proposed changes and revised portions of the bid documents. In addition, the PE prepares an estimate of the cost impact.
Addenda should be submitted to the PAC at least fifteen days prior to the Bid Opening Date to allow sufficient time to process the addendum and have it posted to BAVN. However, if you believe that an addendum needs to be issued less than fourteen days prior to the Bid Opening Date, consult the PAC staff as in some cases, it may be possible to release the addendum during the final fourteen days of the advertising period.
Addendum Extending the Project Bid Date
An addendum is required to extend the bid date for construction projects. PMs must first prepare and process a motion through the Board, prior to PAC issuing the addendum. In normal circumstances, where there are two weeks or more before bids are scheduled to be received by the Board, PAC will wait for the Board to approve the Board Report or Motion extending the bid due date and will then upload the addendum to BAVN.
If there are less than two weeks before bids are scheduled to be received, the PM must coordinate issuing the addendum with the PAC. PAC staff will contact the Board Executive Officer or their staff to obtain approval to issue the addendum prior to the Board approving the motion to extend the bid date. PAC staff will then issue the addendum through BAVN. This option should only be used if absolutely necessary. The PM should contact the PAC if they have any questions about extending the bid date for their project.
For all addenda requiring Board of Public Works approval, the PM will work with the Administration Division Board Unit to process the Board Motion.
RELATED PROCEDURES
LINKS / ATTACHMENTS
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