Responsible Contractor Policy
Effective July 1, 2020, the County has a new Responsible Contractor Policy for construction projects $50K and above. This policy is a method for awarding contracts based on the best value. The policy only applies to construction projects, however other types of purchases could be included in the future.
The intent of this policy is to make information available to those responsible for purchasing decisions about the relative responsibility of those looking to do business with the County. This information is intended to ensure that all work is performed by firms who can successfully complete County projects in a safe, timely, reliable, high quality, and cost-effective manner.
As part of that policy, vendors must answer a set of criteria that the County will consider during the RFP review. Answers to these questions will not exclude any respondent from the bid process or the ultimate award. This policy is not meant to be burdensome to the process, but rather provide additional information for consideration. It is not meant to exclude smaller businesses from applying and will not alter nor replace the scoring and review process currently in place for RFPs.
CONSTRUCTION PROJECT DEFINITIONS
CONSTRUCTION PROJECT A project consisting of the construction of new buildings, additions to existing buildings, and/or rehabilitation of existing buildings (other than normal refurbishing and tenant fit-up work when one retail tenant leases space previously occupied by another retail tenant.
The Responsibility Criteria to be considered by the County include:
1. General information about the bidder’s company, its principals, and its history, including all former business names, and an explanation of any business name changes.
2. Qualifications of management and supervisory personnel to be assigned by the bidder.
3. Information regarding the state and local licenses and license numbers held by the bidder.
4. A confirmation that all subcontractors, employees, and other individuals working on the construction project will maintain current applicable licenses required by law for all licensed occupations and professions.
5. The ratio of masters or journeypersons to apprentices proposed to be used on the construction project job site, if apprentices are to be used on the project.
6. Documentation that the bidder participates in a Registered Apprenticeship Program (RAP) that is registered with the United States Department of Labor Office of Apprenticeship or by a State Apprenticeship Agency recognized by the Office of Apprenticeship.
7. Documentation of master or journeyperson certification or status for masters and journeypersons to be used on the project, and the source of such certification or status.
8. Documentation of how the bidder assesses the skills and qualifications of any employees who do not have master or journeyperson certification or status or are not participants in a Registered Apprenticeship Program identified in No. 6 above.
9. Verification that the bidder is in compliance with all applicable state and federal laws and visa requirements regarding the hiring of non-US citizens, and disclosure of any work visas sought or obtained by the bidder, any of the bidder’s subcontractors, or any of the bidder’s employees or independent contractors, in order to perform any portion of the project.
10. A statement from the bidder as to what percentage of its workforce can be drawn significantly from area residents because a goal of the County is to utilize, in its construction activities, local residents as much as is economically feasible while retaining the high quality of construction required for its construction activities, consistent with applicable law. The County will consider in evaluating which bids best serve its interests, the extent to which responsible and qualified bidders are able to achieve this goal.
11. A statement regarding the bidder’s staffing capabilities and labor sources including subcontractors and a verification from the bidder that construction workers will not be misclassified as independent contractors in violation of state or federal law.
12. Documentation of an on-going MIOSHA-approved safety-training program for employees to be used on the proposed job site.
13. Evidence of the bidder’s worker's compensation Experience Modification Rating ("EMR"). Preference will be given to contractors and subcontractors who exhibit an EMR of 1.0 or less based on a three-year average.
14. A list of projects completed within the past five (5) years of comparable size/complexity, including dates, clients, approximate dollar value, and size. Documentation from these previous projects including but not limited to all extra costs relating to the bidder’s timeliness, performance, quality of work, extension requests, contractual fines and penalties imposed, liens filed, history of claims for extra work and any contract defaults with an explanation of the reason for the default and how the default was resolved.
15. Evidence of experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, management of projects of comparable size/complexity, and building codes by documenting the bidder’s ability and capacity to perform the project. The bidder must identify those portions of the project it reasonably believes will be subcontracted and the names of the subcontractors.
16. Audited financial information current within the past twelve (12) months, such as a balance sheet, statement of operations, and bonding capacity. Evidence that the applicant has financial resources to start up and follow through on the project(s) and to respond to damages in case of default as shown by written verification of bonding capacity equal to or exceeding the amount of the bidder’s scope of work on the project. The written verification must be submitted by a licensed surety company rated “B+” (or better) in the current A.M. Best Guide and qualified to do business within the State of Michigan.
17. A list of all litigation and arbitrations currently pending and within the past five (5) years, including an explanation of each (parties, court/forum, legal claims, damages sought, and resolution).
18. Disclosure of any violations of state, federal or local laws or regulations, including OSHA or MIOSHA unemployment compensation laws, rules or regulations, issued to or against the bidder within the past five years.
19. Disclosure of any debarment by any federal, state or local governmental unit and/or findings of nonresponsibility or non-compliance with respect to any public or private construction project performed by the bidder.
20. Proof of insurance, including certificates of insurance, confirming existence and amount of coverage for liability, property damage, workers compensation, and any other insurances required by the proposed contract documents.
21. References from individuals or entities the bidder has worked for within the last five (5) years including information regarding records of performance and job site cooperation.
22. Verification of an existing Fitness for Duty Program (drugs and alcohol) of each employee working on the proposed jobsite.
23. Documentation as to pay rates of employees and whether the bidder provides health insurance, pension or other retirement benefits, paid leave, or other benefits to its employees.
24. Verification that a criminal record check will be conducted for each employee the bidder proposes to use on the construction site.
25. A warranty statement regarding labor, equipment and materials.
26. Evidence of any quality assurance program used by the bidder and the results of any such program on the bidder's previous projects.
27. Evidence of Equal Employment Opportunity Programs for minorities, women, veterans, returning citizens, and small businesses.
28. Assurance that all construction work for this project must proceed economically, efficiently, continuously and without interruption.
29. Assurance that the bidder is an equal opportunity employer and does not discriminate on the basis of race, sex, pregnancy, age, religion, national origin, marital status, sexual orientation or gender identity, height, weight, or disability.
30. If the craft labor that will be employed by the firm for the project has completed the OSHA 10-hour training course for safety or higher safety qualification courses, established by the U.S. Department of Labor Occupational Safety & Health Administration.
Violations of this Policy may be reported to the Purchasing Department which must investigate such complaint. Whether based upon such complaint or otherwise, if the Purchasing Department has determined that the contractor has violated any provision of this Policy or provided false information to the County, the Purchasing Department must issue a written notice to the contractor that the violation is to be corrected within ten calendar days from receipt of the notice. Such notice shall be sent certified mail. In the event the contractor has not corrected the violation or taken reasonable steps to correct the violation within ten calendar days, then the Purchasing Department may request the awarding authority to declare a material breach of the contract and exercise its contractual remedies thereunder, which are to include, but not be limited to, termination of the contract as outlined in the termination clause of the contract.
Members of the public may at any time submit a report of suspected violations of this Policy to Beth Duffy at [email protected] If the County receives a complaint through this process, the Purchasing Department will investigate the claim and respond to the complainant within twenty-one calendar days.
If you have questions or concerns please contact Beth Duffy via e-mail or 734-222-6761.
Link to the Responsible Contractor Policy