California Assembly Bill (AB) 1565 went into effect on January 1, 2014. AB 1565 requires ALL General Contractors and M/E/P Subcontractors be prequalified, if the contract is valued at $1 million or more and funded whole or in part with State Facility Bond funds.

Therefore, notice is hereby given that, beginning January 1, 2014, 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 Contractors 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 therewith 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.

A Contractor who has submitted a completed application form, and who receives a rating of “not qualified” from the District may appeal that determination. There is no appeal from a finding that a contractor is not pre-qualified because of a failure to submit required information, 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, and request a hearing, by giving notice to the District no later than ten business days after receipt of notice of its qualification status. Unless a Contractor files a timely appeal, the Contractor waives any and all rights to challenge the District’s qualification decision, whether by administrative process, judicial process, or any other legal process or proceeding.

If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than ten business days after the District’s receipt of the Contractor’s Notice of Appeal. The hearing so provided shall be an informal process conducted by a panel to which the District’s Governing Board has delegated responsibility to hear such appeals (the “Appeals Panel”). Prior to the hearing, the Contractor will be advised of the basis for the District’s prequalification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the prequalification determination. At the conclusion of the hearing or no later than two business days after completion of the hearing, the Appeals Panel will render its decision. 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.

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William S. Hart Union High School District

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