INSTRUCTIONS TO BIDDERS
The Invitation For Bids (IFB) consists of the Notice, this Instructions To Bidders, the Bid Form, the Pre-Bid Question Form, the General Conditions of the Construction Contract, the Supplemental General Conditions (if any), the Special Conditions (if any), the Forms to be used, and the Scope of Work as described by the Plans and Specifications, other documents listed in the
Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work on the project. The bidder or offeror shall be registered in eVA.
Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work on the project. The bidder or offeror shall be registered in eVA.
1. CONDITIONS AT SITE OR STRUCTURE
Bidders shall visit the site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the site or building, and the character and extent of existing work within or adjacent to the site. Claims, as a result of failure to have done so, will not be considered by the University. See Section 7 of the General Conditions entitled "Conditions at Site "
2. EXPLANATIONS TO BIDDERS
No oral explanation in regard to the meaning of drawings and specifications will be made and no oral instructions will be given before the award of the contract. Discrepancies, omissions or doubts as to the meaning of drawings and specifications shall be communicated in writing to the Architect / Engineer for interpretation. Bidders must use the "Pre-bid Question Form" provided in the bid documents. Bidders must so act to assure that questions reach the Architect/Engineer at least six (6) days prior to the time set for the receipt of bids to allow a sufficient time for an addendum to reach all bidders before the submission of their bids. If, however, there are two (2) weeks or less between the first bid advertisement and the time set for receipt of bids, then bidders must submit questions so that they reach the A/E no later than three (3) days prior to the time set for receipt of bids. Any interpretation made will be in the form of an addendum to the specifications which will be forwarded to all bidders, and its
receipt shall be acknowledged by the bidder on Bid Forms.
receipt shall be acknowledged by the bidder on Bid Forms.
3. TIME FOR COMPLETION
(a) "Time for Completion" shall be designated by the University on the IFB or other pre-bid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a
Contract Completion Date based on a stipulated date of Notice to Proceed.
Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion. (b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has
been set by the University based on date of the Notice to Proceed and the Time for Completion. (c) The Contractor, in preparing and submitting his bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather conditions which might be anticipated, (i.e., conditions
which are not extremely unusual). Normal weather conditions shall be determined from the Virginia State Climatological Office Charlottesville, Virginia. The data sheets to be used shall be for the locality or localities closest to the site of the work. No additional compensation will be paid to the Contractor because of adverse weather conditions; however, an extension of time for abnormal weather will be considered by the University as indicated in the General Conditions. (d) If the University designates the public historical climatological records to be used, the bidder shall use those records in computing bids. The bid submitted and the time of completion shall be presumed to have been based upon normal weather derived from the climatological records used.
Contract Completion Date based on a stipulated date of Notice to Proceed.
Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion. (b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has
been set by the University based on date of the Notice to Proceed and the Time for Completion. (c) The Contractor, in preparing and submitting his bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather conditions which might be anticipated, (i.e., conditions
which are not extremely unusual). Normal weather conditions shall be determined from the Virginia State Climatological Office Charlottesville, Virginia. The data sheets to be used shall be for the locality or localities closest to the site of the work. No additional compensation will be paid to the Contractor because of adverse weather conditions; however, an extension of time for abnormal weather will be considered by the University as indicated in the General Conditions. (d) If the University designates the public historical climatological records to be used, the bidder shall use those records in computing bids. The bid submitted and the time of completion shall be presumed to have been based upon normal weather derived from the climatological records used.
4. PREPARATION AND SUBMISSION OF BIDS
(a) Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink. Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the University
as being incomplete or nonresponsive.
(b) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative, with his usual signature. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person
signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be sealed and signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies his title as "President" "Secretary" "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the University, satisfactory evidence of the authority of the officer signing on behalf of the
corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.
(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred
fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Section 1100, Code of Virginia, as amended, to be licensed in Virginia as a "Class A Contractor." If a contract is for seven thousand five hundred dollars ($7,500) or more, but less than one hundred twenty thousand dollars ($120,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate and insert his Contractor license/registration number:
Licensed Class A Virginia Contractor No. ______________
or
Licensed Class B Virginia Contractor No. ______________
If the bidder is not properly licensed in Virginia at the time the bid is submitted, or if the bidder fails to provide this information on his bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the University in writing when requested to do so before or after the opening of bids, he shall be deemed to be in violation of Section 54.1-1112 of the Code of Virginia, as amended, and his bid will not be considered.
(d) The Board for Contractors has interpreted its regulations to mean "a licensed Contractor can bid on a contract which contains work outside his license classification(s) as long as he subcontracts those items for which he is not qualified to perform to licensed contractors with the appropriate License Classification and the work of the second party is incidental to the
contract." Therefore, the University may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of his subcontractors along with the license number and classification or specialty of each.
(e) The bidder must also place its Employer Identification Number (FEIN) in the space provided on the Bid Form.
as being incomplete or nonresponsive.
(b) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative, with his usual signature. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person
signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be sealed and signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies his title as "President" "Secretary" "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the University, satisfactory evidence of the authority of the officer signing on behalf of the
corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.
(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred
fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Section 1100, Code of Virginia, as amended, to be licensed in Virginia as a "Class A Contractor." If a contract is for seven thousand five hundred dollars ($7,500) or more, but less than one hundred twenty thousand dollars ($120,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate and insert his Contractor license/registration number:
Licensed Class A Virginia Contractor No. ______________
or
Licensed Class B Virginia Contractor No. ______________
If the bidder is not properly licensed in Virginia at the time the bid is submitted, or if the bidder fails to provide this information on his bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the University in writing when requested to do so before or after the opening of bids, he shall be deemed to be in violation of Section 54.1-1112 of the Code of Virginia, as amended, and his bid will not be considered.
(d) The Board for Contractors has interpreted its regulations to mean "a licensed Contractor can bid on a contract which contains work outside his license classification(s) as long as he subcontracts those items for which he is not qualified to perform to licensed contractors with the appropriate License Classification and the work of the second party is incidental to the
contract." Therefore, the University may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of his subcontractors along with the license number and classification or specialty of each.
(e) The bidder must also place its Employer Identification Number (FEIN) in the space provided on the Bid Form.
5. BID GUARANTEE
(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds one million dollars ($1,000,000) shall be accompanied by a Commonwealth of Virginia Standard Bid Bond, Form CO-10.2, payable to the University as obligee in an amount equal to five percent (5%) of the amount of the bid. A Bid Bond may be required for projects having bids of less than one million dollars ($1,000,000) if such requirement is stated in the Notice of IFB. The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do fidelity and surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee that the bidder will not withdraw his bid during the period of thirty (30) days following the opening of bids; that if his bid is accepted, he will enter into a formal contract with the University in accordance with the Contract Between Owner and Contractor, Form HECO-9, included as a part of the IFB Documents; that he will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material Payment Bond on the forms included in the IFB documents; and that in the event of the withdrawal of said bid within said period, or failure to enter into said contract and give said bonds within ten (10) days after he has received notice of acceptance of his bid, the bidder shall be liable to the University for the difference between the amount specified in said bid and such larger amount for which the University may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee. This amount represents the damage to the University on account of the default of the bidder in any particular hereof. See §2.2-4336 of the Code of Virginia, as amended. (b) See §30 of The Rules Governing Procurement of Goods, Services, Insurance, and Construction, attached as Attachment 1 to that certain Policy Governing the Procurement of Goods, Services, Insurance, and Construction, and the Disposition of Surplus Materials adopted by the Board of Visitors of the University of Virginia, attached as Exhibit P to that certain Management Agreement dated November 15, 2005, by and between the Commonwealth of Virginia and The Rector and Visitors of the University of Virginia, as amended (Chapter 3 of Chapter 943 of the 2006 Virginia Acts of Assembly) (the Rules) for provisions allowing alternative forms of bid security in lieu of a Bid Bond.
(c) The Bid Bonds or other bid security will be returned to all except the three lowest bidders after the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the University and the accepted bidder have executed the Contract and the Performance Bond and the Payment Bond have been approved by the University. (d) If the required Contract and bonds have not been executed within thirty (30) days after the date of the opening of the bids, then the bond or other bid security of any bidder will be returned upon his request, provided he has not been notified of the acceptance of his bid prior to the date of such request.
(c) The Bid Bonds or other bid security will be returned to all except the three lowest bidders after the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the University and the accepted bidder have executed the Contract and the Performance Bond and the Payment Bond have been approved by the University. (d) If the required Contract and bonds have not been executed within thirty (30) days after the date of the opening of the bids, then the bond or other bid security of any bidder will be returned upon his request, provided he has not been notified of the acceptance of his bid prior to the date of such request.
6. WITHDRAWAL OR MODIFICATION OF BIDS
Bids may be withdrawn or modified by written or faxed notice received at the designated location from bidders prior to the deadline fixed for bid receipt. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him on the face of the bid. Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document. Written modifications, whether the original is delivered or faxed, must be signed by the person making the modification or withdrawal. The modification must state specifically what is to be modified and by what amount or it must state the item to be modified and what the corrected amount should be. (e.g. “Deduct $25,000 from Part A and from the Total Base Bid Amount”; or “Add $23,456 to the Total Base Bid Amount”; or “Deduct $15,650 from the Additive # 2 amount”. A modification to “Deduct $25,000 from Part A” will only be applied to Part A and not to the Total Base Bid Amount). Unless otherwise specified by the Bidder in the modification, the modification will be applied to the TOTAL BASE BID AMOUNT shown on the Bid Form (e.g. a modification stating only “Deduct $25,000” which is properly signed will be deducted from the Total Base Bid Amount shown on the Bid Form).
7. RECEIPT OF BIDS
(a) Bids will be received at or before the date and the hour and at the place stipulated in the IFB as may be modified by subsequent Addenda.
(b) It is the responsibility of the bidder to assure that his bid and any bid modifications are delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact on its bid deliverer / courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.
(c) The Bid Officer is the University's representative designated to receive bids at the time and place noted in the IFB and to open the bids received at the appointed time.
(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and his assistants at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the Bid Officer makes the deadline announcement.
(b) It is the responsibility of the bidder to assure that his bid and any bid modifications are delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact on its bid deliverer / courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.
(c) The Bid Officer is the University's representative designated to receive bids at the time and place noted in the IFB and to open the bids received at the appointed time.
(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and his assistants at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the Bid Officer makes the deadline announcement.
8. OPENING OF BIDS
(a) Bids will be opened at the time and place stated in the IFB or as modified by subsequent Addenda, and their contents publicly announced. The Bid Officer shall decide when the specified time for bid opening has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified. Bid opening shall be no sooner than 24 hours after the time set for receipt of bids.
(b) The provisions of §2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspections of bids received.
(b) The provisions of §2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspections of bids received.
9. ERRORS IN BIDS
A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of
the bid sought to be withdrawn.
In accordance with §2.2-4330.A.(ii) of the Code of Virginia, the bidder must submit to the University his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart from the envelope containing the bid and marked clearly as to the contents and shall be delivered to the University by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed.
The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the University for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw his bid. The Contract shall not be awarded by the University until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the University prior to bid opening. This procedure (ii) shall not apply to when the entire bid is required to be submitted on a unit price basis. Failure of a bidder to submit his original work papers, documents and materials used in the preparation of his bid on or before the time, date and place required shall constitute a waiver by that bidder of his right to withdraw his bid due to a mistake.
No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.
No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the University in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.
If a bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bidder on the project.
the bid sought to be withdrawn.
In accordance with §2.2-4330.A.(ii) of the Code of Virginia, the bidder must submit to the University his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart from the envelope containing the bid and marked clearly as to the contents and shall be delivered to the University by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed.
The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the University for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw his bid. The Contract shall not be awarded by the University until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the University prior to bid opening. This procedure (ii) shall not apply to when the entire bid is required to be submitted on a unit price basis. Failure of a bidder to submit his original work papers, documents and materials used in the preparation of his bid on or before the time, date and place required shall constitute a waiver by that bidder of his right to withdraw his bid due to a mistake.
No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.
No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the University in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.
If a bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bidder on the project.
10. REJECTION OF BIDS
The University reserves the right to cancel the IFB to reject any and all bids at its sole discretion when such rejection is in the interest of the University, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See §2.2-4319, Code of Virginia, as amended.