Common use of Solicitation of Bids and Proposals Clause in Contracts

Solicitation of Bids and Proposals. (1) For all contracts exceeding $25,000.00, the Construction Manager shall establish a project qualification procedure for applicable procurements and sub-contract trades prior to issuing an invitation to bid or request for proposal (RFP). The opportunity to qualify shall be advertised a minimum of once a week for three (3) consecutive weeks in a local newspaper with general circulation. Only those bidders that are determined by the Construction Manager to be qualified shall be deemed responsible and invited to provide an invitation to bid or written proposal. (2) For each separate construction contract exceeding $25,000.00, the Construction Manager shall, unless waived by Owner, conduct a pre-proposal conference with prospective proposers, the Architect- Engineer and Project Manager. A minimum five (5) day notice to prospective proposers is required for all pre-proposal conferences. In the event questions are raised which require an interpretation of the proposal documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect- Engineer. The Architect – Engineer shall prepare an addendum which provides necessary clarifications or corrections to the proposal document and the Construction Manager shall issue same to all of the prospective bidders. (3) As part of such preparation, the Construction Manager shall review the specifications' and drawings prepared by the Architect-Engineer. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Construction Manager shall be brought to the attention of the Project Manager and Architect-Engineer in written form. (4) Without assuming responsibilities of the Architect-Engineer, the Construction Manager shall prepare invitations for bids, or requests for proposal (RFP) for all procurements of long lead items, materials and services, for Sub-Contractor contracts and for site utilities. Such RFP’s shall be prepared in accordance with the following guidelines: (a) Contracts not exceeding $25,000.00 may be entered into by the Construction Manager with the firm who submits the lowest written quotation. The Construction Manager shall obtain a minimum of three (3) written quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. (b) Contracts exceeding $25,000.00 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive and responsible proposal. The Construction Manager shall provide a RFP to at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. Written proposals shall be opened publicly at the location, date and time named by the Construction Manager in the RFP. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm.