VOLUME 5
TABLE OF CONTENTS
1.1 COMPETITIVE BIDDING
1.1.1 Formal vs Informal Competive Bidding
1.1.2 Federally Funded Projects
1.2 INFORMAL COMPETTITIVE BIDDING PROCEDURES
1.3 NEGOTIATED CONTRACTING
1.4 DURATION OF THE BIDDING PERIOD
1.5 EQUAL OPPORTUNITY POLICY
1.5.1 Outreach
1.5.2 Certification
1.5.3 Statistical Records
1.6 BEST VALUE SLECTION PROCESS
2.1 BIDDING DOCUMENT TYPES
2.2 BIDDING DOCUMENT REVIEW3.1 CONDITIONS PREREQUISITE TO BIDDING
3.2 AVAILABILITY OF FUNDS
3.2.1 State-Funded Projects
3.2.2 Non-State Funded Projects
3.3 CONCURRENT APPROVAL BY FUNDING AGENCY
3.3.1 State-Funded Projects
3.3.2 Lease-Revenue Bond-Funded Projects
3.4 PROJECT FILE MAINTENANCE
3.5 COMPLIANCE WITH STATE AND FEDERAL LAW OR REGULATION
3.5.1 American Recovery and Reinvestment Act of 2009 (ARRA)
4.2 STANDARD BIDDING DOCUMENT REQUIREMENTS
4.3.1 Prequalification Guidelines
4.3.2 Contractor Prequalification Procedures
4.3.3 Subcontractor Prequalification Procedures
4.4.1 Qualification Guidelines
4.5 DISQUALIFICATION
4.5.2 Disqualification Procedures
5.1 SOLICITING FORMAL COMPETITIVE BIDS
5.1.1 Advertising for Bids
5.1.2 Issuing Bidding Documents
5.1.3 Pre-Bid Conference
5.1.4 Modification or Withdrawal of Bids Before the Bid Deadline
5.1.5 Procedure for Selection of Alternates
5.2.1 Withdrawal of Bids Before the Bid Deadline
5.3 ADDENDA
6.1 BID DEADLINE
6.2 RECEIVING COMPETITIVE BIDS
6.2.2 Facility Procedures
6.3 OPENING COMPETITIVE BIDS
6.4 RECEIVING INFORMAL BIDS
6.4.1 Bid Submittal Requirements
6.4.2 Facility Procedures
6.4.3 Withdrawal of Bids After the Bid Deadline
6.5.1 Facility Procedures
7.1 RESPONSIVE AND NONRESPONSIVE BIDS
7.1.1 Bid Irregularities
7.2 BID PROTESTS
7.3 EVALUATING BIDS
7.4 DETERMINING THE LOWEST RESPONSIBLE BIDDER
8.1 CONDITIONS PREREQUISITE TO CONTRACT EXECUTION AND AWARD
8.2 CONCURRENT APPROVAL OF AWARD BY FUNDING AGENCY
8.2.1 State-Funded Projects
8.2.2 Projects Under Department Of Energy Contracts
8.2.3 Federally or Non-State-Funded Projects
8.3 FUNDING OF RELATED CONSTRUCTION OR EQUIPMENT
8.4 NOTIFYING THE LOWEST RESPONSIBLE BIDDER
8.4.1 Forfeiture of Bid Bond
8.5 REQUIRED BIDDER SUBMITTALS
8.5.1 Performance and Payment Bonds
8.5.2 Certificates of Insurance
8.5.3 Contractor's Statement of Experience and Financial Condition
8.6 EXECUTING THE CONTRACT
8.6.1 Corporate Seal and Attest
8.7 AWARDING THE CONTRACT
8.7.1 Document Maintenance Before Award
8.7.2 Custody of Construction Documents
8.7.3 Reporting the Award to the Office of the President
8.8 EARLY START OF CONSTRUCTION
8.9 NOTICE TO PROCEED
8.10 RECORDING THE CONTRACT DOCUMENTS
9.1 BID PROTESTS
9.1.1 Filing a Bid Protest
9.1.2 Facility Review of the Protest
9.1.3 Construction Review Board Appeal
10.1 SUBSTITUTION OF SUBCONTRACTORS DURING THE BIDDING PERIOD
10.1.1 Procedures Applicable to Substitution for Clerical Error
10.1.2 Consent Does Not Change the Contract
1.1 CONTRACT ADMINISTRATION RESPONSIBILITY AND POLICY
1.1.1 The University and the University's Representative
1.1.2 Facility Responsibilities
1.1.3 Keeping a Project File
1.1.4 Administration of Projects Funded by Federal Grants
1.2 PRECONSTRUCTION CONFERENCE (KICK-OFF)
1.3 SUBMITTALS
1.3.1 Schedules
1.3.2 Shop Drawings
1.3.3 Product Data and Samples
1.3.4 Test Reports
1.3.5 Requests for Substitution of Materials and Equipment
1.4 ASSIGNMENTS
1.5 SUBSTITUTION OF SUBCONTRACTORS AFTER CONTRACT AWARD
1.5.1 Authorized Grounds for Consenting to a Contractor's Request for Substitution
1.5.2 Procedures for Substitution Requests on Grounds Other Than a Clerical Error
1.5.3 Consent Does Not Change the Contract
1.5.4 Failure to Specify a Subcontractor
1.5.5 Penalty for Violating Fair Practices Act Provisions
1.6 INSURANCE AND BONDS
1.6.1 Payment Bond
1.6.2 Performance Bond
1.6.3 Liability Insurance
1.6.4 Builder's Risk Property Insurance and Loss Reporting
2.1 FIELD OBSERVATION
2.2 INSPECTION POLICY AND RESPONSIBILITY
2.2.1 Allocating Inspection Responsibility
2.2.2 Basic Inspection Staff
2.2.3 Geotechnical Engineering and Inspection
2.2.4 Hospital Safety Standards and Inspection
2.3 TESTING
2.4 SURVEYING
2.5 PROJECT PROGRESS MEETINGS
2.6 RESPONSIBILITY FOR SAFETY
3.1 FIELD ORDERS
3.1.1 Payment for Work Directed by a Field Order
3.2 CHANGE ORDERS
3.2.1 Cost Proposals
3.2.2 Change Order Execution
3.2.3 Change Orders and Beneficial Occupancy
3.2.4 Change Orders and the Notice of Completion
3.2.5 Contractor Disapproval of Change Orders
3.2.6 Substantial Changes to the Work After Contract Award
3.2.7 Guidelines for Substantial Change Orders
3.2.8 Change Orders Changing the Scope of Work
3.2.9 Change Orders for Post-Award Alternates
3.2.10 Authority Needed to Negotiate and Execute Change Orders
3.3 MODIFICATION OF CONTRACTUAL CONDITIONS
3.4 TIME EXTENSIONS RESULTING FROM DELAYS
3.4.1 Guidelines For Granting Time Extensions Resulting From Delays
3.5 TIME EXTENSIONS RESULTING FROM FACTORS OTHER THAN DELAYS
4.1 MONITORING THE CONTRACT SCHEDULE
4.2 STATUTORY REQUIREMENTS
4.2.1 Prevailing Wage Rates
4.2.2 Payroll Records
4.2.3 Employment of Apprentices
4.3 HOSPITAL REQUIREMENTS
4.3.1 OSHPD Requirements
4.3.2 Special Additional Hospital Requirements
5.1 COST BREAKDOWN
5.2 PROGRESS PAYMENTS
5.3 APPLICATION FOR PAYMENT
5.4 CERTIFICATE FOR PAYMENT
5.5 RETENTION
5.5.1 Normal Retention
5.5.2 Securities In Lieu of Retention and Deposit of Retention Into Escrow
5.5.3 Release of Retention
5.6 LIQUIDATED DAMAGES
6.1 CONTRACTOR CLAIMS
6.2 CONDITIONS FOR MAKING A CLAIM
6.2.1 Change Order Requests
6.3 NEGOTIATION
6.3.1 Decision on Claims
6.4 MEDIATION
6.5 ARBITRATION
6.6 LITIGATION
7.1 TAKING BENEFICIAL OCCUPANCY
7.2 DETERMINING SUBSTANTIAL COMPLETION
7.3 ENDING BUILDER'S RISK INSURANCE
7.4 REDUCING LIQUIDATED DAMAGES AFTER SUBSTANTIAL COMPLETION
8.1 AS-BUILT DOCUMENTS
8.2 OPERATING AND MAINTENANCE DATA
8.3 GUARANTEES
8.3.1 Special Guarantees
8.4 FINAL COMPLETION
8.5 NOTICE OF COMPLETION
8.6 FINAL PAYMENT
8.7 STOP NOTICES
9.1 FINAL BUDGET
9.2 CLOSEOUT OF PROJECTS FUNDED BY FEDERAL GRANTS
9.3 CORRECTION OF DEFECTIVE WORK
9.3.1 Patent and Latent Defects
9.3.2 Reporting Defects and Deficiencies
9.3.3 Personal Injury Caused by Inadequate Design or Poor Construction
9.3.4 Post Construction Meeting
10.1 PROGRAM GOALS
10.1.1 Project Team Members
10.2 PROGRAM SCOPE
10.3 PROGRAM REQUIREMENTS AND PROCEDURES
10.4 TEAMWORK
10.4.1 Partnering
10.5 PROGRAM RESOURCES
10.6 EVALUATION BY THE PROJECT TEAM
RD1: Figures
RD2: Models
RD3: Glossary
RD4: University Policies
RD5: Bibliography
RD6: Attachments
Revised December 23, 2011 (Change No. FM 11-050-C)