Contractor prequalification for state-funded construction projects

Solicitation #RFQ2610A. Issued by Purchasing&Warehouse. California Assembly Bill (AB) 1565 went into effect on January 1, 2014. AB 1565 requires ALL General Contractors and M/E/P Subcontractors (licensed pursuant to Section 7058 of the Business and Professions Code, specifically holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses) be prequalified, if the contract is valued at $1 million or more and funded in whole or in part with State Facility Bond funds. On June 10, 2024, AB1433 was amended and requires all General Contractors and M/E/P Subcontractors to be prequalified, if the contract is valued at $1 million or more and funded in whole or in part with State General Funds, inclusive of LCFF funds. Therefore, notice is hereby given that, beginning June 10, 2024, the William S. Hart Union High School District (“District”) shall require all general contractors and, if utilized, all electrical, mechanical, and plumbing subcontractors (collectively “Contractors”) on public works governed by Public Contract Code Section 20111.6 to be pre-qualified prior to submitting bids for certain public works. It is mandatory that all Contractors who intend to submit bids fully complete the prequalification questionnaire, provide all materials requested herein, and be approved by the District to be on the final bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid on a project as a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. Prequalification applications may be submitted four times each year: (1) from January 1 through January 10; (2) from April 1 through April 10; (3) from July 1 through July 10; and (4) from October 1 through October 10. Contractors who submit a complete prequalification package will be notified of their qualification status, such notice to be mailed no later than fifteen business days after submission of the information. Answers to questions contained in the attached questionnaire, information about current bonding capacity on an aggregate and per project limit, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. The District will use these documents as the basis of rating Contractors. The District reserves the right to check other sources available. The District decision will be based on objective evaluation criteria. Prequalification approval will remain valid for one (1) calendar year from the date of notice of qualification. While it is the intent of the prequalification questionnaire and documents required there with to assist the District in determining bidder responsibility prior to the submission of bids and to aid the District in selecting the lowest responsible bidder, neither the fact of prequalification, nor any prequalification rating, will preclude the District from a post-bid consideration and determination on a specific project of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. Contractors are encouraged to submit prequalification packages as soon as possible, so that they may be notified of prequalification status well in advance of upcoming projects. The prequalification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law, although the contents may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, and in the process of an appeal hearing. Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify the District and provide updated accurate information in writing, under penalty of perjury. The District reserves the right to waive minor irregularities and omissions in the information contained in the prequalification application submitted and to make all final determinations. Contractors will be allowed to appeal a negative pre-qualification determination in accordance with California Public Contract Code 20101.d. There is no appeal from a refusal for an incomplete or late application, but re-application during one of the designated periods is permitted. A Contractor may appeal the District’s decision with respect to its request for prequalification by giving written notice to the Assistant Superintendent Business Services no later than 4:00p.m. of the fifth business day after receipt of notice of its qualification status. Without a timely appeal, the contractor waives any and all rights to challenge the decision of the District, whether by administrative process, judicial process or any other legal process or proceeding. In Conjunction with this pre-qualification policy, the District hereby established a bidder pre-qualification appeals panel. The sole issue before the appeals panel shall be the scoring of the contractor. The decision of the appeals panel shall be the District's final administrative decision. The District shall act upon properly filed requests within ten calendar days from the date of receipt of such request. If after review, the District again rejects the contractor's application, the contractor may request an administrative hearing with the appeal panel. At the hearing, the contractor may present oral testimony concerning the contractor's ability and responsibility. The District shall notify the contractor of his decision within five business days following the hearing. The decision of the panel is final. The date for submission and opening of bids for a specific project will not be delayed or postponed to allow for completion of an appeal process. Note: A Contractor may be found not prequalified for bidding on a specific public works contract to be let by the District, or on all contracts to be let by the District until the Contractor meets the District’s requirements. In addition, a Contractor may be found not prequalified for either: (1) Omission of requested information or (2) Falsification of information. NOTICE: TO CONTRACTORS WHO ARE USING SUBCONTRACTORS FOR ANY JOB, PLEASE BE ADVISED THAT THE DISTRICT ALSO REQUIRES, THE PREQUALIFICATION OF ALL ELECTRICAL, MECHANICAL, AND PLUMBING SUBCONTRACTORS. THE DISTRICT WILL MAKE AVAILABLE A LIST OF PREQUALIFIED ELECTRICAL, MECHANICAL, AND PLUMBING SUBCONTRACTORS. The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: Pre-qualification of all subcontractors. Pre-qualification of subcontractors in certain crafts. Post-bid qualification review.