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IMPORTANT NOTE TO POTENTIAL BIDDERS:
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.
Lack of Pre-Qualification may deem the bid or
proposal non-responsive.
QUICK LINKS TO INFORMATION BELOW
Introduction to the
Pre-Qualification Program
The Pre-Qualification Process
General Conditions
Contact
Information
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 project experience, quality and timeliness of
past performance, reliability and responsibility, financial and
operational capability, integrity and business ethics of the firm and
its key personnel, etc.
Any general
contractor, trade contractor or vendor (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 IFB and RFP
packages for awards estimated to exceed $3,500,000 will contain a blank
Application, a copy of the Program and a Validation Form.
Applications may also be downloaded from the District web page.
Pre-Qualification is valid for a period of two years as specified on the
approval notification letter, unless new information comes to light that
may disqualify the Applicant, such as conviction for fraud or other
crimes, or significant changes in the composition or financial status of
the Applicant.
To ensure
continuity, all Applicants who wish to extend their Pre-Qualification
beyond the two-year period must submit an Application for renewal
three-months prior to the expiration of their Pre-Qualification period.
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 three largest jobs 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.
All
pre-qualified firms submitting on contracts exceeding $3,500,000
must submit a Validation Form certifying that the information
contained in the Application has not changed.
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 last 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 Contracts Management Office at (562)
938-4848.
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. An Application certification page 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
Liberal Arts Campus
4901 East Carson Street
Long Beach, CA 90808
Attn: Contracts Management
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 may 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:
1. 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?
2. Does the Applicant have an acceptable past performance
record?
3. Is the Applicant's capability of performing or complying with
the required delivery or performance schedules,
considering all existing commercial and governmental
business commitments?
4. Does the Applicant have an acceptable record of
integrity and business ethics?
5. Does the Applicant have the necessary organization,
experience, accounting and operational controls, and
technical skills, or the ability to obtain them?
6. Does the Applicant have the necessary production,
construction, and technical equipment and facilities, or
the ability to obtain them?
7. Is the Applicant
qualified and eligible to receive an award under
applicable laws and regulations?
8. Has the Applicant been determined to be unqualified or
ineligible to participate in public contracts?
Factors Leading to Denial of Pre-Qualification
Status
The following can result in denial of Pre-Qualified
status:
1. Failure to
submit any material information required on the
questionnaire;
2. Deliberate
submission of false information;
3. Debarment or suspension (with finding) by any public
entity;
4. Conviction of a
crime or public offense; or,
5. 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.
Once the evaluation is complete, the Applicant
will be notified by a letter whether the
Pre-Qualification 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.
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.
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
Manager of Contracts Managment 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.
1. The Applicant must provide current, accurate, and complete information.
Incomplete or inaccurate documentation
may result in denial of Pre-Qualification.
2. 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.
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.
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.
3. 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.
4. 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.
5. The
District's Contracting and
Procurement 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 Office of the Inspector
General for further review and
possible investigation
independent of the
Pre-Qualification process.
6. 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 and declare
the Applicant's bid or proposal
to be non-responsive for the
specific procurement.
7. The
financial information submitted
in conjunction with the
Applicant's Application is
considered confidential business
information and will be afforded
protection to the fullest extent
permitted by law.
8. 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.
9. The
District reserves the right to
revise the Application and
instructions in whole or in part
at any time.
10. 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.)
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 Interest
means 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.
Materials Suppliers
are defined as those
firms who supply
materials or other
tangible products only,
and do not install,
service or physically
maintain the product on
site, either as prime or
as a subcontractor.
Review the
information on this
website carefully to
ensure that all
information to each
Application question is
complete and accurate.
For questions and assistance call the District's
Contracts Management Office at (562) 938-4848.
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