Contracting Process 

Upon receiving the bids, the contracting process begins.  The Contract Specialist receives the bids by the designated date and time in the bidding documents.  The CS must have a witness at the time of bid opening which is usually at the same time as the bid receipt.  The contractors may attend the bid opening.  The CS opens each bid and announces the base bid(s).  The witness compiles the information on the bid tabulation sheet.  The bid tabulation form is updated in Excel and is used for faxing the bid information to anyone who requests the bid results (i.e., The Dodge Report, The Construction News, contractors, etc.) and is also located at this website under Construction Bid Results. 

The contracting process is as follows: 

Bid Review and Determination of MBE/WBE Responsiveness 

The CS uses these checklists to determine the two lowest responsive bids. The two lowest bids are used  through the contractor qualifications in the contracting process in the event that the actual lowest responsive bidder does not meet the qualifications necessary to carry out their contract. 

In the event that the lowest responsive bidder is not the lowest bidder, a bid rejection letter is generated and sent to the non-responsive contractor.  The content of this letter will list the item(s) where the contractor was deficient. 

Contractor Qualification Statement 

The letter and AIA Document A305, a six page form, is sent to the two lowest responsive bidders.  This form requests that each contractor submit a statement that they have taken into consideration all their business commitments for the period of the project and that they will not have a problem completing the project according to the schedule stated in the contract document.  Each contractor must also submit their: 

·        Organization history

·        Trade licensing

·        Experience in the trade for which the contract is to be awarded

·        Trade/Bank References

·        Financial Statement 

The form must be sign and notarized.  Each contractor's qualification submission is reviewed by the CS, the project manager/professional and the project accountant.  The CS distributes the applicable information to the entities listed above.  They are give two days to review the information and notify the CS of their findings.  This process enables the University to review the contractor's capability of handling the project, check their references and the contractors’ solvency. 

Contract Bond Request 

Once the CS has received the approvals on the contractor's qualification submission, a contract bond request letter is sent to the lowest bidder.  This letter directs the contractor to obtain a contract bond as designated in the bid documents and the procurement decision form.  Failure of the contractor to provide the contract bond within 10 days may result in the award of the contract to next lowest responsible bidder.  This could also result in the payment of the bid proposal guaranty to the University (if requested).  The blank Rider F (State System Contract Bond form) is attached with this letter which is to be forwarded to the contractors’ Surety Company.  The letter also notifies the contractor that the same person who will sign the Agreement form should sign the Contract Bond. 

Notice of Award 

Once the final agreement has been approved, three copies of the contract are made.  The Notice of Award is generated which gives the contractor the direction to sign the contracts and also obtain the Certificate of Insurance. A copy of Article 10 of Rider B is attached with this letter as well as a sample copy of a certificate of insurance. 

MBE/WBE Notification 

If the contractor made a commitment to a MBE/WBE firm to qualify them as the lowest responsive bidder, the CS must send a notification to that MBE/WBE firm of the Notice of Award. If the contractor made a commitment to a non MBE/WBE firm due to a lower quote to qualify them as the lowest responsive bidder,  the CS must send a notification to that contractor of the Notice of Award. 

Legal Counsel Transmittal Form

Once the contractor has returned the signed contracts, the CS obtains the appropriate University Contracting Officer signature.  A transmittal form is generated which is sent to Legal Counsel.  However, the following stipulations apply: 

Any contract $1.00- $499,000  -         the contract goes directly to legal counsel for approval and then to the A/G’s (Attorney General) office

If a contract is $500,000 or higher  -     the contract must also be approved by the OGC                                                                 (Office of General Counsel) 

This transmittal notifies Legal Counsel of the attachments with the contracts, i.e., bid tabulations, procurement decision documents, sole source document, publications where the advertisements were placed. etc.

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