CONTRACTOR QUALIFICATION QUESTIONNAIRE. May 23, 2010

Transcription

1 CONTRACTOR QUALIFICATION QUESTIONNAIRE May 23,

2 CONTRACTOR QUALIFICATION QUESTIONNAIRE Public Improvement Contracts Federal Requirements funding & laws State Requirements funding & laws Local o Chapter 26 o Chapter 314 o Chapter 573 o Chapter 423, 384, 72, 73A.21(2) others o Chapter 2 & 94 o Council Policies

3 CONTRACTOR QUALIFICATION QUESTIONNAIRE City Public Improvement Construction Contracts Iowa Code Section 26.9 requires cities to award public construction contracts to the lowest responsive, responsible bidder. Inclusion of responsible implies measure of discretion in cities in considering what bid to ultimately accept Supportive case law stating such discretion to determine best results exists throughout contract letting process 3

4 CONTRACTOR QUALIFICATION QUESTIONNAIRE Iowa Case Law Iowa case law is relatively limited Cases cover bidding processes for prior bid qualification methodologies Emphasis in those cases for qualifications hinge on project specific instances Local governments permitted to function as owner but not regulator 4

5 CONTRACTOR QUALIFICATION QUESTIONNAIRE Other Discretion Limitations & Considerations Executive Order 69 o Purportedly eliminates local government power to exercise discretion Area subject to litigation o Previous lawsuits historically in 2001 o Threatened in

6 CONTRACTOR QUALIFICATION QUESTIONNAIRE Office of Polk County Attorney indicated that similar, but different, questionnaire has been used in project specific form only County events center construction project in 2002 Veterans Memorial Auditorium renovation in October

7 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Public Improvement Contracts CY Contracts for $147 Million CY Contracts for $66 Million Public Improvements Current Qualification City Bid Bid Security (Chapter 26) Performance and Payment bond (Chapter 573) Certification of Insurance for General Liability & Workman s Comp Licensed Secretary of State and Registered Division of Labor Not on Disqualified List 7

8 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Public Improvements Current Qualification Iowa DOT Bid Prequalified under Iowa DOT (Chapter 314:1(1)) 8

9 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Council referred new Questionnaire to CMO, April, 2011 Summary Report provided to City Council April 2011, asked for workshop Contractor Qualification Program Project Specific versus Annual Certification Qualified before bids versus after bids Information to be solicited (Questionnaire) Objective Standards for evaluating answers Implementing Rules o o Current Council Policies Funding Agency requirements Increased Staff to Administer 9

10 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Project Specific versus Annually Certification Questionnaire submitted in 1 st paragraph references calendar year prequalification. Questionnaire submitted in point 15 asks for project specific information. Consider project specific qualification. Qualified before bids versus after Questionnaire implies qualification is done before bids as 1 st paragraph states Contractors and subcontractors who do not complete the following will not be invited to submit bids. In 2010, the City had 234 companies submitting bids as General Contractors. Would require extensive personnel costs to prequalify. Consider evaluating qualifications of low bidder after receipt of bids using criteria established before the bid

11 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Information to be Solicited Identification Information Collection of data on Contractor s organization, training, and financial status without objective standards Consider using identification and objective standards as qualification method Objective Standards for evaluating answers to determine Qualification Defendability Relevancy Consider using a subset of Questionnaire items and converting the remaining to either yes or no standard 11

12 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Implementing Rules Provide consistency with current Council Policy such as subcontractor identification, emergency contracting polices, etc. Eliminate conflicts with Federal, State requirements Consider that any contractor prequalified by Iowa DOT be considered qualified for similar City work Consider converting to self-certification as part of proposal to be evaluated after bidding without prior restriction to bidding documents Council selected implementation rules will dramatically impact additional staff resources and program expenses 12

13 CONTRACTOR QUALIFICATION QUESTIONNAIRE con t Council Direction / Feedback To proceed with development and implementation? o o o Revised Questions Self Certification versus Polk County Formal Allow IDOT Certification Desired public involvement? 13

14 Questions/Comments 14