HomeMy Public PortalAboutR3863 FIN Replace Bid Guidelines Resolution 2474R ES OLUTION NO. 3863
WHEREAS, the adoption of Resolution No. 3863 will replace Resolution
No. 2474, adopted October 3, 2002;
WHEREAS, in Resolution No. 2474, adopted October 3, 2002, the Board of
Trustees of The Metropolitan St. Louis Sewer District desired to provide District staff with
guidelines for the rejection of bids for capital construction projects when said bids were deemed
to be non-responsive for failure to meet Disadvantage Business Enterprise (DBE) criteria, State
Resolving Fund (SRF) criteria, and any other bid requirement;
WHEREAS, Resolution No. 2474 stated that in the event that a low bid for any
District construction project fails to meet DBE criteria, SRF criteria, or any other bid requirement,
the contract for said construction may be awarded to the second lowest responsive bidder pursuant
to certain guidelines, otherwise said bid shall be deemed non-responsive and shall be rejected;
WHEREAS, Staff wishes to update the “bid variance” thresholds listed in the
guidelines and provide additional clarity regarding timing and explanations to be provided to the
Board of Trustees when a recommendation to award a construction contract to the next lowest
responsive bidder is made;
WHEREAS, Staff also wishes to replace the reference to Disadvantage Business
Enterprise Criteria (DBE) to Minority or Women Business Enterprise (MWBE) and update the
language referring to State Resolving Fund (SRF) criteria to state and federal funding criteria;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT, THAT Resolution 2474 is hereby
replaced and the criteria to be met relative to the responsiveness of construction bids and guidelines
for rejection of bids are hereby modified.
NOW, BE IT FURTHER RESOLVED THAT, in the event any low bid for a
District construction project is rejected as non-responsive, and all other responsive bids do not
conform to the guidelines as follows, staff must demonstrate a compelling reason that the contract
for the construction project should be awarded to said responsive bidder in a written explanation
furnished to the Board of Trustees prior to the transmittal of the Board Agenda, and Board
authorization shall be required to proceed. Otherwise, all bids shall be rejected.
Guidelines for Rejection of all Bids when the Lowest Bid is Disqualified
Projects will be re-bid when the lowest bid is deemed non-responsive and the next lowest bid is
the following dollar amount or percentage higher than the rejected bid:
Project Cost (rejected bid) Bid Variance
$0 - $250,000 not to exceed $30,000
$250,001 - $1,000,000 not to exceed 10%
$1,000,001 - $5,000,000 not to exceed 7.5%
Greater than $5,000,000 not to exceed 5%
The foregoing Resolution was adopted October 12, 2023.