Section 400

400.01.  Upon the completion of the design team’s bidding documents, a revised set of bidding documents must be submitted to the SBA office along with assurances that review comments have been addressed within the final documents.  Projects shall not be released by the SBA to advertise for bid until construction documents are approved.

400.011.  Projects shall not be released to bid if the total estimated cost of the project, including all soft costs, is estimated to exceed the total amount of funding available.  If a budget deficit exists, the LEA must commit additional local funding, reduce the scope of the project, and/or obtain special approval from the SBA staff to release the project to bid with a projected funding deficit. 

400.012.  Add-alternate bids may be included in the Contract Documents to adjust the estimate of cost of the project to meet the total project budget.  Add-alternates shall be organized in accordance with the requirements of the West Virginia Fairness in Competitive Bidding Act – W.Va. Code §5-22-1.  Deduct-alternates are disallowed on SBA projects unless prior justification is provided, and prior approval is obtained by the SBA staff.  

400.013.  In cases where the SBA staff has approved a project to be released to bid with a budget deficit, and add-alternates are included, the cost of the design of the alternates that are not accepted by the  LEA after bid shall solely be the responsibility of the LEA.

400.02.  Construction bid dates must be coordinated through the SBA office.  A representative of the LEA, or the A/E on behalf of the LEA, must contact the SBA office and identify the proposed bid date desired.  The SBA office will coordinate the most appropriate bid date after considering other construction project bidding schedules.  Every effort must be made to prevent similar construction projects from being bid in the same week and within the same region of the state to allow for maximum participation of bidders.

400.03.  Bid dates shall not be scheduled until confirmation that any and all permits required have been obtained by the LEA.  These permits include, but are not limited to, environmental permits, utility connection permits (both temporary and permanent), etc.  Additionally, building construction bid packages shall not be scheduled until all permits are obtained and site preparation work is substantially complete.

400.04.  Once released for bid by the SBA, bids shall be advertised in accordance with the provisions as listed in West Virginia Code §59-3. Unless waived by the SBA, no bid opening date shall be scheduled less than 21 days after the first publication date.

400.05.  The LEA shall administer the receipt of bids per the requirements of the Fairness in Competitive Bidding Act as described in W.Va. Code §5-22-1 et seq. and the SBA’s Policy & Procedures Handbook.  Guidelines for bidders shall be provided by the standard AIA Document A701 (2018) – Instructions to Bidders and the SBA Supplemental Instructions to Bidders (SBA Form 400). Any plan, specification, and invitation to bid prepared by any architect or engineer shall make reference to the West Virginia Contractor Licensing Act informing any prospective bidder that contractor’s license number must be included on any bid submission.

400.06.  The LEA, in coordination with its A/E, shall administer a Mandatory Pre-Bid Conference. Contractors shall be required to attend a mandatory pre-bid conference for each individual project so that bidding information is properly conveyed to all bidders and to clarify questions and the intent of the bidding requirement. Bidding documents shall notice all bidders of this requirement and include language making this requirement a prerequisite to bidding the project.  The requirements for having the pre-bid meeting may be waived by the SBA for special circumstances conditioned upon a written request to the SBA by the design professional.  All substantive pre-bid questions shall be addressed at the pre-bid meeting and, if the bidding documents do not clarify the questions, a project addendum will be circulated to all bidders.

400.07.  Bids shall be administered using the three-envelope system.  The bids shall be read aloud, recorded, and tabulated on a document to determine the apparent low bidder(s).  The actual time of both the beginning of the bid opening and the completion of the bid opening shall be recorded on the tabulation sheet.  The LEA’s bid opening administrator, or the A/E on behalf of the LEA, shall first open Envelope #3, which includes Envelopes #1 and #2.  Next, the administrator shall open Envelope #1, which bidders include all bid forms required at the time of bid, prior to opening Envelope #2, which includes the Bidder’s form of proposal.  

400.071.  Per the SBA’s Supplemental Instructions to Bidders (SBA Form 400), Envelope #1 shall include the following documents:

a. A valid Bid Bond 

b. SBA Addenda Acknowledgement & Bid Certification (SBA Form 402), completed and signed 

c. SBA List of Major Subcontractors (SBA Form 403-A), completed and signed 

400.072.  Once the administrator of the bid opening determines that each of the forms in Envelope #1 have adequately been completed, the Bid Administrator shall accept the bid by opening Envelope #2 and recording the Bidder’s form of proposal. 

400.073.  If the administrator of the bid opening determines that each of the forms in Envelope #1 has not been completed or that a required form is missing, the Bid Administrator shall not open the Bidder’s form of proposal in Envelope #2 and shall consider the bid rejected.

400.08.  Project bid tabulation documents are required to be sent immediately to the SBA office within two (2) hours after construction bid openings are concluded. The tabulation sheet should be self-explanatory and include explanations of base bid pricing and all alternates being requested.  The normal bid tabulation sheet prepared at the conclusion of the bid for the LEA is acceptable. Bid openings shall not be scheduled after 1:30 p.m., so that bidding information can be transmitted to the SBA office the same business day.

400.09.  The LEA shall work with the A/E to provide a detailed post-bid budget that reflects all base bid(s), accepted alternates, allowances, and soft costs.  This budget shall be supplied to the SBA within seventy-two (72) hours of the bid.  If a budget deficit exists after the project is bid, the LEA and the A/E may, to the extent allowed by local or state purchasing statute, work in consultation with the low bidder(s) to determine if there are areas where cost savings may be found, if the scope of the project could be reduced, or if the project should be re-bid.

400.10.  Subcontractor Reporting – In addition to listing the major Subcontractors with the bid on SBA Form 403-A, the apparent low Bidder must submit to the LEA, A/E, and SBA a Complete List of Subcontractors & Equipment / Materials Suppliers (SBA Form 403-B) within 24 hours after the close of bids. This complete list shall include the Category of Work, Subcontractor, and Contractor License Number of each entity providing work or equipment/materials that exceeds a value of $25,000.  Contractors may not add or substitute Subcontractors throughout the project without justification and subsequent approval from the LEA, A/E, and SBA.

400.101.  If the apparent low bidder fails to submit SBA 403-B, the LEA or Architect shall promptly request by telephone and email that the low bidder and second low bidder provide SBA 403-B within one business day of the request. 

400.102.  Failure to submit SBA 403-B within one business day of receiving the request shall result in disqualification of the bid.  The SBA 403-B may not be required if the Bidder provides notice in the bid submission or in response to a request for a subcontractor list that no subcontractors who will perform more than $25,000 worth of work will be used to complete the project.

400.013.  LEAs shall submit SBA Form 403-B – Complete List of Subcontractors & Equipment / Materials Suppliers to the West Virginia Division of Labor upon receipt from the Prime Contractor(s). If the LEA, A/E, and SBA approve the substitution of a Subcontractor, a revised list shall be submitted to the LEA and the West Virginia Division of Labor upon receipt from the Prime Contractor. 

400.11.  Contractor Qualification Statements and Evaluation Criteria – within seventy-two (72) hours after the completion of the bid opening, the apparent low bidder and all Subcontractors under the Contractors surety shall submit a completed and signed SBA Form 405 – Contractor Qualification Statement.  

400.111.  The LEA, A/E, and the SBA shall use information gathered on the Contractor Qualification Statements to determine the lowest qualified responsible bidder.  No single criterion will be the controlling factor in determining the lowest qualified responsible bidder.  The criteria on the statement used in the evaluation shall include: 

a.  The relevant experience and years of experience the bidder has in the construction, renovation, or building repair business.

b.  The continuity, experience, and skill of the bidder’s workforce and that of the bidder’s designated subcontractors.

c.  The bidder’s performance on similar construction projects.

d.  The bidder’s ability to successfully complete projects within the proposed schedules and deadlines.

e.  The bidder’s history of compliance with Worker’s Compensation and Unemployment Compensation laws.

f.  The bidder’s history of compliance with the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) requirements.

g.  The bidder’s history of compliance with Federal Prevailing Wage as well as Fair Labor Standards and Wage Payment laws.

h.  The bidder’s subcontractors’ compliance with state regulatory agencies.

i.  The bidder’s local hiring plan and history of compliance with the West Virginia Jobs Act, (W.Va. Code, Chapter 21, Article 1C) regarding use of the local labor market.

j.  The bidder’s participation as a party in any legal action where an awarded liability could negatively impact the ability of the bidder to complete this project. 

k.  Response from bidder’s references and recommendations of other Owners for whom the bidder has worked.

400.12.  Additional State of West Virginia Requirements:

400.121.  The Contractor shall submit to the LEA a copy of the Contractor’s and all Subcontractor’s Valid West Virginia Contractor Licenses within seventy-two (72) hours after the bids are received. 

400.122.  The Contractor shall submit to the LEA for review a completed and signed West Virginia Purchasing Affidavit within seventy-two (72) hours after bids are received.  This affidavit certifies that the Contractor and all Subcontractors under the Contractor’s surety do not owe the state or any of its political subdivisions any debts which would preclude them from a Contract award.  Contractors are encouraged to require this form from all Subcontractors under the Contractor’s surety. 

400.123.  The Contractor shall submit to the LEA for review a completed and signed West Virginia Drug-Free Workplace Affidavit within seventy-two (72) hours after bids are received.  This affidavit certifies that the Contractor shall maintain a written plan for a drug-free workplace policy and that such plan and policy are in compliance with West Virginia Code §21-1D.  This plan must cover the workforce of the Contractor and all Subcontractors under the Contractor’s surety.

400.13.  Prior to contract award, the LEA shall receive assurances from all Prime Contractors and Subcontractors via SBA Form 404-B and Form 404-C that all employees working on school property are in compliance with West Virginia Code §21-1B with regards to verifying legal employment status of all workers and with regards to registration of sexual offenders.  Upon receipt of SBA Form 404-B from the Prime Contractor(s), the LEA shall submit SBA Form 404-A to the SBA verifying the receipt of the Worker Verification forms.

400.14.   No construction contract shall be awarded without the SBA review and approval of the construction post-bid budget and the acknowledgement to the SBA by the LEA that all required documents submitted by the Contractor during post-bid timeframe have been received.  The LEA, A/E, and the SBA staff will review the required post-bid information submitted by Contractors and Subcontractors and the project budget following the bid opening to determine the lowest qualified responsible bidder and to approve the scope of the project for the Contract for Construction. During this timeframe the SBA staff will not discuss bid results with bidding contractors until all documentation has been reviewed.   

400.15.  If a budget deficit exists after a project is bid, the LEA may commit additional local funds to cover the budget deficit.  The LEA must make this commitment in writing to the SBA prior to the expiration of the Contractor’s Bid as prescribed in the Contract Documents. 

400.16.  If the project is deemed to be of the size and complexity to necessitate high overhead and/or construction soft costs incurred by the Contractor(s), prior to bid the SBA, in consultation with the Architect and LEA, may choose to consider the issuance of a Waiver to allow the Contractor’s first Application for Payment to be approved prior to the submission of an approved CPM schedule per the requirements in the SBA Supplementary Conditions to AIA A201-2017 (SBA Form 401).  

400.161.  The availability for a Request for a Waiver shall be determined prior to bid and should be discussed in the mandatory Pre-Bid meeting. 

400.161.  The Waiver may only be approved if sufficient justification documentation is provided to the SBA, LEA, or Architect.  

400.162.  The Waiver shall not extend beyond the Contractor’s second Application for Payment. 

400.17.  On projects that do not have a high degree of complexity or on projects that are projected to be completed in a short timeframe, the SBA may waive the requirement for a detailed CPM schedule and will allow the Contractor to submit a schedule showing only projected activities with start and completion dates.  ​