Newark Municipal Code Ch. 3.06 Bidder Pre-Qualification Procedures

This section is enacted pursuant to California Public Contract Code Section 20101 which authorizes the city to establish a system for pre-qualifying prospective bidders on public works construction projects.

(Ord. 377 § 1 (part), 2002)

A. The city establishes a system for pre-qualifying prospective bidders for public works construction projects. The city may use the pre-qualification system identified in this section for any public works project.

B. The city engineer is authorized to adopt and apply a uniform system of rating bidders for each project based upon: (1) the requirements of California Public Contract Code Section 20101; and (2) the model guidelines and standardized questionnaire created by the Department of Industrial Relations, as modified at the city engineer's discretion to address the needs of the particular project, or projects, to which they are to be applied.

C. The city engineer is authorized to determine whether or not the needs of any particular project warrant pre-qualification of prospective bidders.

D. If the city engineer determines that pre-qualification of prospective bidders is required for a particular project, the city engineer shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the city engineer determines any bidder is not qualified to bid a project, the city engineer shall provide to the bidder, written notice which includes the basis for the determination and an identification of any supporting evidence therefor, and an opportunity for the bidder to appeal the determination pursuant to Section 3.06.030 of this chapter.

(Ord. 377 § 1 (part), 2002)

A. Any person aggrieved by a determination made by the city engineer pursuant to this chapter may appeal the determination only by complying with the requirements set forth in this section. Such an aggrieved person shall be referred to in this section as "appellant."

B. The appellant shall submit a written appeal to the city manager, along with a complete written description of all factual and legal bases for the appeal, no later than ten calendar days after the city has provided written notice of the determination made by the city engineer.

C. The city manager shall appoint a hearing officer and provide the appellant with written notice of the date, time, and place of a hearing on the appeal. The written notice from the city shall be provided no later than fifteen calendar days after the city's receipt of the appellant's written appeal. The hearing shall be held no later than thirty calendar days after the city's receipt of the appellant's written appeal.

D. At the hearing, the appellant and the city shall each be provided an opportunity to be represented by legal counsel and to present or rebut any evidence (documents, testimony, or other) on the issues raised in the appeal.

E. The hearing officer shall consider relevant evidence presented during the hearing and provide a written decision on the appeal to the city manager and the appellant no later than fifteen calendar days after the close of the hearing. Failure by the hearing officer to render a timely decision shall be deemed a denial of the appeal.

F. The dates identified in this section for providing notices may be continued only by consent of the city and the appellant.

G. The hearing officer's decision shall be considered final.

(Ord. 377 § 1 (part), 2002)