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Public Bidding Process
Bid/Proposal
Specifications and Documents
When preparing competitive bids, it is Lake Michigan
College policy that a sufficient number of suppliers should
be contacted/solicited to ensure fair and open competition in
the procurement process.
In cooperation with the department making the
request, the Purchasing & Support Services Office will gather
information about the goods or services desired, write specifications,
and solicit bids/proposals from suppliers maintained on bid
lists, as well as those provided by the requestor. Bids shall
be advertised in a minimum of three newspapers of general circulation.
The type of solicitation issued by the Purchasing
& Support Services Office depends, in part, upon the complexity
of the specifications
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Requests for Bids (RFBs): Requests for Bids
are issued when the specifications are of a nature that the
award is to be made upon the lowest bid meeting specifications.
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Requests for Proposals (RFPs): Requests for
Proposals are issued when the specifications or scope of work
is complex and/or when subjective factors, other than price
alone, are to used in the evaluation for award.
It is the responsibility of the Purchasing &
Support Services Office to ensure that potential suppliers have
a reasonable amount of time to prepare bids and proposals and
submit/deliver them. In determining this time, the relative complexity
of each request, as well as the manner in which it is to be transmitted
to and received from prospective suppliers are to be considered.
For written requests that are to be physically transported and
submitted/delivered or mailed, 10 business days is the norm, with
15 business days or more allowed for more complex requests. For
requests transmitted and received electronically (e.g., by fax,
electronic mail, Internet), a shorter time period may be used.
As a State supported institution, Lake Michigan
College is required to make available documentation and information
relative to various purchasing records and bidding documents.
It is appropriate for the Director of Purchasing & Support
Services, to release pricing information to interested suppliers
when requests are made regarding a specific bid or purchase order.
However, no information shall be released concerning a bid in
process. Additionally, all bid response information marked "proprietary"
will be considered confidential and not released.
Bid
Withdrawal
A bidder may withdraw a bid prior to the bid opening
time and date by contacting the Director of Purchasing & Support
Services. Requests for return of a bid after the due date will
not be honored since the bid becomes College property and is,
therefore, not returnable.
Source
Selection
The Purchasing Department is responsible for the
selection of reputable and responsible suppliers. Suppliers who
have not previously conducted business with Lake Michigan College
are advised to contact the Purchasing Office and request a Supplier
Registration/Information Form in order to be added to our bidder
list. The Purchasing Department may solicit bids from all suppliers
in any particular category or select those who it believes are
best qualified to provide the supplies or services. The requesting
department submitting a request to the Purchasing Department may
suggest suppliers as potential suppliers.
Supplier
Debarment
The Purchasing Department may bar a supplier from
consideration for award of contract or purchase order if:
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Within the past three years, the supplier,
an officer of the company, or owner of a 25% or more share
of the company has been convicted of a criminal offense incident
to the application for, or performance of a contract or subcontract;
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Within the past three years, the supplier,
an officer of the company, or owner of a 25% or more share
of the company has been convicted of an offense which reflects
on the supplier's business integrity such as embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or breaking state or federal antitrust
laws;
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The supplier has failed to substantially perform
a College contract or subcontract according to its terms,
conditions, and specifications within specified time limits;
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The supplier abused the solicitation process
or violated the terms of a request for solicitation after
bid submission;
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The supplier failed to cooperate in monitoring
contract performance by failing to provide information or
documents required by the contract, failed to respond to complaints
to supplier, or accumulated repeated justified complaints
regarding performance of a contract.
Bid
Evaluation
Every bid includes criteria for determining which supplier offers
the best value to the College and meets the vendor qualifications,
delivery time, specifications, terms and conditions contained
in the solicitation. When a solicitation requires an oral presentation
or submission of test samples, or inspection of facilities or
place of business, the factors are part of the bid evaluation.
The total cost may include unit price, delivery and installation,
maintenance and cost of operation, as defined in the solicitation.
If there is a discrepancy between a unit price and its extension,
the unit price will prevail.
The Purchasing Department does not consider the following in
evaluating bids:
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Assistance in developing specifications or
other advisory services a supplier provides. Although such
assistance is valuable and appreciated, there is no preferential
treatment for these services.
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Equipment a supplier installs on a free trial
basis.
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Reciprocity or Quid Pro Quo - There is no
understanding or agreement that a supplier will be awarded
a contract or purchase order based upon his/her financial
contribution to the College.
Award
Award of a purchase order/contract is based on the best value
to the College. As stated in the solicitation, various criteria
are used in determining the best value, including price, quality,
availability, delivery, and fitness for the particular purpose.
Consideration is also given to the supplier's potential ability
to successfully perform under the terms and conditions, and the
supplier's past performance record.
The College reserves the right to award by item, group of items,
or total bid. The College further reserves the right to reject
any and all bids if it is determined that the best interests of
the College are served by doing so. The College may reject all
bids for a solicitation and not award, may cancel a solicitation,
or conduct a rebid. The Purchasing Department notifies successful
and unsuccessful bidders in writing.
Tied Bids
If the lowest, most responsible, and responsive bids received
are for the same amount or unit price and all the criteria mentioned
above in Award are equal, then the award shall be made to the
local supplier. If both suppliers are local, then the following
criteria will be used:
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Ability to provide service/goods (i.e., most
favorable references/recommendations)
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Date and time of bid submission
Supplier
Appeals
Only a bidder on the solicitation may appeal an award decision.
A bidder is considered a supplier who has submitted a formal offer
which meets all specified requirements. In order to initiate an
appeal, a bidder must:
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Within 24-workday hours (based on 8 a.m. -
5 p.m.) of the bid opening, issue a written appeal to the
Purchasing Director;
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The written appeal should include the bid
name and clearly state the facts believed to constitute an
error in the award recommendation. Only information provided
within the 24-hour deadline will be considered;
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The Purchasing Director or appropriate College
designee/administrator will provide a written decision after
investigating the matter. This decision is final.
Until issuing a final decision on a timely appeal, the Purchasing
Department will not award a contract or purchase order pursuant
to a disputed solicitation. However, if there is a threat to public
health, safety or welfare, or danger of immediate and substantial
harm to College property from delay in making an award, the College
may proceed with an award and provide written justification for
such action.
Appeals requesting a waiver of the following omissions and requirements
cannot be granted:
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Failure to sign a bid
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Failure to properly submit a bid per bid instructions
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Failure to submit the bid by the required
date and time
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Failure to initial erasure or correction to
pricing information in ink
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Failure to provide a required bid deposit
or performance bond by the date and time required
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Failure to submit a timely appeal
If there were no responsive bids, these requirements may be waived.
Rebids/Cancellations
The College may cancel or rebid a solicitation before the award
of a contract or receipt of a purchase order by a supplier for
any of the following reasons:
- The requesting College department requests cancellation for
financial or program reasons
- All of the responsive bids exceed the cost estimated for the
bid
- None of the bids met the required specifications or complied
with the terms and conditions of the solicitation
- No bids were received
- A supplier appeal was granted
- The best interest of the College will be served by doing so
- The specifications, statement of work, or terms and conditions
will not accomplish the intended objective
- The specifications, statement of work, or terms and conditions
do not adequately protect the College's best interest
- The solicitation or the resulting contract would be in violation
of law
Exceptions
to the Bid Process
- Library: library books, subscription renewals
- Information Technologies Department (ex: computers, peripherals,
software)
- Items/services intended for resale (ex: food and beverage)
- Documented sole source purchases
- Emergencies
- Cooperative/association purchases
Bonding
Requirements
- Bid bonds are required on all construction or maintenance
project bids that are estimated at $100,000 or larger. Exceptions
to this policy must be approved by the Vice President of Financial
Services or Vice President of Administrative Services. Bid bonds
are normally required in the amount of 5% of the supplier's
bid.
- Performance and Labor/Material Bonds are required on all construction
or maintenance project bids estimated at $100,000 or larger.
Exceptions to this policy must be approved by the Vice President
of Financial Services or Vice President of Administrative Services.
Bonds are normally required to be 100% of the supplier's total
bid.
- All bonds in effect are to remain in the Purchasing &
Support Services office and are the responsibility of the Director.
All bonds are returned to the appropriate supplier after approved
completion of the project. All bonds must be from bonding companies
licensed to do business in the State of Michigan.
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