Have you seen examples of questionable – or appropriate – supplemental bidder responsibility criteria? If so the Capital Projects Advisory Review Board (CPARB) which is engaged in improving and updating bidder responsible criteria at the state level wants to hear from you.
A CPARB task force led by AGC Legal Affairs Committee member John Ahlers of Ahlers & Cressman PLLC is focused on the supplemental bidder responsibility to ensure that industry and taxpayer objectives are met and that contractors have the requisite experience to efficiently timely and cost-effectively perform public works projects.
Specifically CPARB is seeking examples in which either the public works owner has narrowly tailored the supplemental criteria to the project at issue (and done a good job of using the statute to further the objectives of the procurement) or examples of criteria that do not appear to be calculated to further the procurement objectives.
CPARB intends to use these examples (they will be used anonymously) in educational seminars on the topic of supplemental bidder responsibility criteria.
Examples and pertinent materials should be sent to: John Ahlers Ahlers & Cressman PLLC 999 Third Avenue Suite 3800 Seattle WA 98104 or send an email to firstname.lastname@example.org.
AGC is pleased that CPARB is taking this action and encourages members to participate. After hearing of dubious use of responsible bidder language by certain local agencies AGC urged CPARB to look at this matter and to consider whether some “legislative boundaries” are needed regarding responsible bidder criteria.