| Design & Construction |
| Pre-Bid Inquiry & Response Policy |
BACKGROUND |
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- The pre-bid inquiry and response process is important and beneficial for both the bidder and OGS. It helps to ensure more accurate contractor estimates and bids and fewer ambiguities. Providing consistent responses to prospective bidders also helps to avoid or minimize contract change orders, claims and disputes.
- Pursuant to the Procurement Lobbying Law, OGS will communicate all inquiries and responses through the Designated Contact(s). Bidders are encouraged to review this policy in the State Finance Law (SS139j), which can be found by clicking on the following link on the OGS website:
State Finance Law 139-j
POLICY
- OGS seeks to protect the integrity of the bidding process by ensuring that no bidder is given a real or perceived advantage over any other bidder. OGS’s procedures will help ensure that any information provided to one prospective bidder is also provided to other potential bidders for a particular project.
- OGS will not publish a response to pre-bid inquiries that:
- involve requests for methods, material or equipment approvals,
- contain requests for contract deviations,
- refer to or comment on previous contract practices, or
- are otherwise deemed inappropriate.
- For each inquiry responded to, OGS will publish on its public web site the inquiring firm’s name, the inquiry, and the response itself.
- Where possible, in responding to pre-bid inquiries, OGS will refer directly to the plans, specifications and other provisions of the contract, and will quote specific sections of the Project Manual and/or Contract Drawings and special provisions, as well as specific sheet numbers, details, etc., on the Plans and Contract Drawings. Bidders should include similar references and details, as appropriate, in their pre-bid inquiries
- OGS will issue an addendum if an inquiry indicates that the bidding or contract documents should be modified.
- Inquiries should be made as far in advance of, but not later than, the date and time scheduled for receipt of bids. It may be impractical to post responses to certain inquiries that are submitted too close to the bid opening date. Investigation of all bid inquiries will be carefully pursued. However, considering the particular circumstances, it remains OGS’s discretion to waive posting a response, if warranted.
- If a bidder question contains inappropriate language or disparaging remarks, the question will not be posted on the OGS website.
- The following disclaimer applies to all responses published or posted:
“Questions regarding a project may be submitted using the OGS website. Questions posted on the OGS website will include the name of the inquirer’s company. Replies, if warranted, also will be posted on the OGS website and/or may be communicated by addenda to all persons who have obtained drawings and specifications. The responses to questions, unless incorporated into an addendum, are not a part of the bidding or contract requirements and are provided for convenience only.
The responses may be considered along with all other information furnished to prospective bidders for the purpose of bidding on the project. The availability or use of information provided in the responses to questions is not to be construed in any way as a waiver of any provisions of the bidding or contract documents, the plans, or the specifications, or to excuse the bidder or contractor from full compliance with the bidding and contract requirements. Bidders are cautioned that subsequent responses or addenda may affect or vary a response previously given.”
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