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Public Bidding Process

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Terms & Conditions of Purchase
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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

  • 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.
  • 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:
  • 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;
  • 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;
  • The supplier has failed to substantially perform a College contract or subcontract according to its terms, conditions, and specifications within specified time limits;
  • The supplier abused the solicitation process or violated the terms of a request for solicitation after bid submission;
  • 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:

  • 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.
  • Equipment a supplier installs on a free trial basis.
  • 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:

  • Ability to provide service/goods (i.e., most favorable references/recommendations)
  • 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:

  • Within 24-workday hours (based on 8 a.m. - 5 p.m.) of the bid opening, issue a written appeal to the Purchasing Director;
  • 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;
  • 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:

  • Failure to sign a bid
  • Failure to properly submit a bid per bid instructions
  • Failure to submit the bid by the required date and time
  • Failure to initial erasure or correction to pricing information in ink
  • Failure to provide a required bid deposit or performance bond by the date and time required
  • 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

  1. 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.
  2. 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.
  3. 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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