INTRODUCTION

Founded in 1927, the Long Beach City College District (District) is one of the 109 community colleges in California. The District encompasses the cities of Long Beach, Signal Hill, Avalon and most of Lakewood. To assist in providing services to the public, the District enters into contracts with general contractors, trade contractors, and vendors.
Public Contracts Code Section 20651.5 permits the governing board of any community college district to require each prospective bidder for a contract, as described under Section 20651, to complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder's financial ability and experience in performing public works.
To comply with this requirement, the District has developed a Pre-Qualification Application (Application), which must be completed in advance by all firms competing for contracts exceeding $3,500,000. The Application requests firms to disclose information relating to certain areas, such as:

• Experience;
• Quality and timeliness of past performance;
• Reliability and responsibility;
• Compliance with equal employment requirements;
• Compliance with wage, hours and other fair labor standards;
• Integrity and business ethics of the firm and its key personnel;
• Gifts given, or contributions made to members or alternate members or employees of the District; and
• Financial and operational capability.

Effective January 1, 2005, contracts in excess of $3,500,000 will be awarded to only firms pre-qualified prior to receipt of the bid or proposal.

Who should complete this application?

• Any general contractor or trade contractor wishing to bid on a bid or proposal, as a prime contractor, for projects in excess of $3,500,000.
• Contactors that have a project history with at least one (1) project whose project/construction value exceeds $3,500,000.

 

OVERVIEW

Any general contractor or trade contractor (hereinafter “Applicant”) wishing to do business with the District must be pre-qualified 10 days prior to submission of a bid or proposal that exceeds $3,500,000.
All Invitation for Bid (IFB) and Requests for Proposal (RFP) packages for awards estimated to exceed $3,500,000 will contain a blank Pre-Qualification Program Application, a copy of the Program and a Validation Form. Pre-Qualification Program Applications may also be downloaded from the District web page.

 

 

PRE-QUALIFICATION CONTRACTING LEVEL

Applicants will be pre-qualified for award of contracts not to exceed the amount specified in the approval notification letter. This amount will be based on the amount of bonding capacity and the largest single completed project performed by the contractor within the last five years. Applicants may submit additional information regarding new bonding limits, financial conditions or increased capacity with a request to reconsider the pre-qualified limit at any time.

 

VALIDATION FORM

All pre-qualified firms submitting on contracts exceeding $3,500,000 must submit a Validation Form ten (10) days prior to the bid submission due date. On the Validation Form the pre-qualified firm must certify that the information contained in the most recently submitted Application has not changed, and must list contact information for all current projects that affect the firm’s aggregate bonding capacity at the time of the new bid. If it determined that the firm’s aggregate bonding capacity will be surpassed with the submittal of the new bid, the District may reject the firm’s bid. Likewise, if the information has changed or the firm’s ownership or financial status has changed, the firm must attach a separate sheet with a full explanation. Any new annual financial statements or tax returns published since submittal of the most recently submitted Application must also be attached. A copy of the Validation Form is attached to these instructions.

If you are unsure of your filing requirements, please contact the Pre-Qualification Administrators at (626) 685-6989 or send us an email at prequal@lbcc.edu.

 

PREPARATION AND SUBMITTAL OF APPLICATION

A person who is knowledgeable and duly authorized to attest to the past and present operations of the Applicant and its policies must complete the Application. A Pre-Qualification Certification Form must be SIGNED by the preparer and by at least one general partner, owner, principal, or executive officer of the firm who is authorized to legally commit the firm. More than one certification page may be necessary.

All questions must be answered. Disclaimers, general statements with global qualifications, or notations of “Not Applicable” are not acceptable. Any pages containing supplemental information, and other documentation which the Applicant submits to ensure full disclosure, should be attached to the Application. Each page must contain the Applicant’s name and tax identification number.

Applicants are encouraged to submit Applications as soon as possible to allow pre-qualification prior to submission of a bid or proposal. Applications received with the bid or proposal may not be processed in time for acceptance of the bid/proposal.

Applications should be mailed or delivered to:
Long Beach Community College District
4901 East Carson Street, Mail Code G-4
Long Beach, CA 90808
Attn: Contracts Management / Pre-Qual Application

 

 WHAT WE DO WITH YOUR APPLICATION

 

Initial Screening

All Applications will be checked for completeness upon receipt. Applications found to be incomplete will be returned to the Applicant with a letter advising them of missing answers or documentation. All Applications will also be checked to ensure the Applicant is not on any public agency list of debarred firms.

After this initial screening process is completed, the Application is evaluated to determine whether Pre-Qualification is approved or denied.

 

Verification

The verification process will include review of public databases and records check of references, financial analysis, and utilization of other investigative methods.

 

Evaluation

The Application contains Parts I though VI. Each part contains questions that will be scored as well as questions that request background information on the Applicant. Applicants who receive an acceptable score will be approved for Pre-Qualification. The evaluation will include consideration of the following:

• Does the Applicant have adequate financial capability to perform contracts in excess of $3,500,000 or have the ability to obtain adequate financial resources in a timely manner?
• Does the Applicant have an acceptable past performance record?
• Is the Applicant’s capability of performing or complying with the required delivery or performance schedules, considering all existing commercial and governmental business commitments?
• Does the Applicant have an acceptable record of integrity and business ethics?
• Does the Applicant have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them?
• Does the Applicant have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them?
• Is the Applicant qualified and eligible to receive an award under applicable laws and regulations?
• Has the Applicant been determined to be unqualified or ineligible to participate in public contracts?
• Is the Applicant’s Experience Modification Rate (EMR) below 1.25%?

 

Maximum possible points per application section:
Part I - 5 points
Part II - 27 points
Part III - No score
Part IV - 137 points (each reference check must score at least 18 points, or contractor may be deemed non-responsible)
Part V - 33 points

 

Factors Leading to Denial of Pre-Qualification Status

The following can result in denial of Pre-Qualified status:

• Failure to submit any material information required on the questionnaire;
• Deliberate submission of false information;
• Debarment or suspension (with finding) by any public entity;
• Conviction of a crime or public offense;
• Any combination of substantive factors such as, but not limited to, disregard for laws and regulations, history of failure to perform in other contracts, unresolved tax liens, patterns of serious OSHA violations, etc., which, in the sole discretion of the District, do not meet the standards of fitness or reliability expected from contractors wishing to do business with this agency;
• Applicant’s Experience Modification Rate (EMR) is at or above 1.25%; or
• Reference interviews for Applicant’s past projects are not commendable.

 

NOTIFICATION OF PRE-QUALIFICATION STATUS

Once the evaluation is complete, the Applicant will be notified by a letter whether the Pre-Qualification Application has been approved or denied. If an Applicant achieves Pre-Qualified status, the letter will also contain the term of the Pre-Qualification and the maximum dollar value of any contract that may be awarded to the firm.

 

Supplemental Information

Applicants who are not approved for Pre-Qualification will be given the opportunity to submit additional information within a predetermined timeframe. This supplemental information will be considered and evaluated along with the initial Application and a new score developed. Applicants who receive an acceptable score based on the initial and supplemental information will be approved for Pre-Qualification. Applicants who do not receive an acceptable score, based on deficiencies in the initial and supplemental information, may re-submit a Pre-Qualification Application once the application deficiencies have been corrected.

Debriefing Meeting

If the Pre-Qualification is denied, a debriefing meeting to discuss the rationale for the denial of a Pre-Qualification can be scheduled. In some cases, information obtained during such debriefings may assist a denied Applicant in planning a corrective action plan that could result in their approval on an Application re-submittal. The scheduling of such debriefings shall not extend the time for appeal.

APPEAL OF DENIAL

Any Applicant denied Pre-Qualification has a right to appeal the decision. The Applicant has ten (10) business days from the date of receipt of the Denial Notification to file a written appeal with the District’s Contracts Manager at the Application submittal address shown on page 3 of this Pre-Qualification Program.

The District has established a Review Panel for appeals. Upon receipt of the written appeal, the Review Panel (Panel) will meet to address the appeal. The Panel may consult with District counsel during its review. The Panel will examine the appeal and the facts surrounding the determination before making a decision. The Panel’s decision is the final decision of the District. There are no further administrative appeals.

NOTE: The District’s formal contract protest procedure is not applicable or available in this appeals process.

 

GENERAL CONDITIONS

• The Applicant must provide current, accurate, and complete information. Incomplete or inaccurate documentation may result in denial of Pre-Qualification.
  
• The District reserves the right to verify the information submitted by the Applicant, in any related documents, or by supplemental information or data as necessary. If it is determined that false information or data was submitted in conjunction with the Application, the District may deny Pre-Qualification, revoke previously granted approval, or, if an award has been made, may terminate the contract.

• All costs associated with completion of the Application shall be borne by the Applicant. The District shall not, in any event, be liable for any expense incurred by the Applicant in connection with the preparation, completion or submission of the Application.

• The District reserves the right to extend the Application submission deadline if such action is determined to be in the best interest of the District.

• The District’s Contracts Management Office has access to all information provided on the Application, related documents, and supplemental data. Should information or data provided in the Application indicate possible fraud, collusion, or intentional submission of false information, the matter may be referred to the District’s Legal Counsel for further review and possible investigation independent of the Pre-Qualification process.

• If the Applicant displays a significant lack of cooperation in facilitating verification of its information or providing data, the District, at its sole discretion, may deny the firm Pre-Qualification approval and declare the Applicant’s bid or proposal to be non-responsive for the specific procurement.

• The financial information submitted in conjunction with the Applicant’s Application is considered confidential business information and will be afforded protection by the District to the fullest extent permitted by law.

• Any dispute arising out of this Application or relating to Pre-Qualification in general shall be heard and determined in the Superior Court of the State of California, County of Los Angeles, or in the United States District Court for the Central District of California. If an action is commenced against the District in jurisdictions other than the above courts, and the District is forced to compel compliance with this provision through court action, Applicant and its owners shall be liable for all expenses, including attorney’s fees, incurred by the District in its effort to compel compliance.

• The District reserves the right to revise the Application and instructions in whole or in part at any time.
  
• The Pre-Qualification of a prospective Applicant shall neither limit nor preclude the District’s subsequent consideration of a Pre-Qualified Applicant’s responsibility on factors other than the prospective Applicant’s financial qualifications. (See Public Contracts Code § 20651.5.)

 

DEFINITIONS

Affiliate is defined as any one of the following: (1) any person other than Applicant which owns 25% or more of Applicant, such as parent companies or holding companies; (2) a subsidiary or a firm in which Applicant owns 25% or more; (3) a firm with which Applicant has or has had an unseverable business or professional identity; and (4) any permanent or temporary common business enterprise relationship in which the parties share operating responsibility and profits (such as or joint ventures).

Key Person is defined as any one of the following: (1) any person who owns 5% or more of the Applicant and/or those who make decisions with respect to its operations, finances, or policies, such as the President, CEO, CFO, COO, and in the case of partnerships, the General Partner(s); (2) Corporate Secretaries and Treasurers, as well as Directors, if they meet criteria #1, above; and (3) Division or Regional Business Managers who operate away and independently from the Applicant, but only if the division or regional office is bidding directly with the District.

Organizational Conflict of Interest means a situation in which performance of a previous or current contract with the District may provide the Applicant with an unfair competitive advantage, or the Applicant or any Affiliate has a relationship, which could adversely affect the Applicant‘s ability to fully perform the contract and concurrently to protect the best interests of the District.

Owners are defined as any person or other legal entity who owns 5% or more of the Applicant and who exercise a certain degree of control in the day-to-day operations, finances or policies. For the purpose of this Application, shareholders of publicly traded companies are excluded, provided they do not participate in the day-to-day management of the firm.

Project Team Members are those employees of the firm who will be directly involved in the execution and management of the project.

Personal Conflict of Interestmeans a business or financial interest of any Key Person that could adversely affect the ability of the individual to fully perform the contract in a manner consistent with the best interests of the District.
 

 

CONTACT INFORMATION