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Some public entities can be apprehensive about trying to enforce
an RBO once adopted. Nobody wants more paperwork or confusing
legal documents to wade through. It doesn’t have to be a daunting
task though. Essentially, you just need to inform potential bidders
about the ordinance. Most bidders that do not meet all the clauses
will opt not to bid, or will take the steps necessary to comply.
“We
have witnessed contractors who did not meet the standard of
a “Responsible Bidder” but took the appropriate actions to come
into compliance in order to be qualified for future projects.”
-
City of Ottawa Mayor Robert Eschbach
The best way for an RBO to work for you is to use it to
screen out bidders that do not meet the qualifications before they
ever submit a bid. If a bid is submitted by a contractor that does
not comply and it turns out to be the low bid, yes, an RBO can
be used to pass on that bid and accept a different bid. But that
is not an ideal situation. Ideally, you’ll never even see a bid
from a contractor that does not meet the criteria.
Every public
body might have a different way of accomplishing the pre-screening
process, depending upon their own traditional bid procedures.
But two basic ways to inform bidders about the RBO and stop non-compliers
from bidding are as follows:
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Include the RBO in
all pre-bid documents. Make sure contractors are aware of
it before they bid, just as they need to be aware of prevailing wage requirements or any other important project specifications. |
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Use an affidavit checklist and
have them sign it and submit it with their bid, verifying
that they meet the qualifications. |
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We are here to
help.
You can always contact us with any questions about RBO’s, including referrals
to contractors who are likely to meet the qualifications or questions about how
to determine if a bidder is in compliance or not. |
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Being affiliated with one
or more unions is a good indicator that a contractor will
meet the qualifications of a Responsible Bidder.
Nearly all unions already use apprenticeship programs
that meet the qualifications outlined in RBO’s, so union signatory
contractors will almost all easily clear that hurdle. They
also will pay union scale, which almost always meets or exceeds
the Prevailing Wage - another RBO requirement automatically
met with a union signatory contractor.
Being affiliated with a union is not one of the qualifications contained in an
RBO, nor does it guarantee compliance. Likewise, not being union signatory does
not automatically disqualify any given contractor from being deemed “responsible.”
Being a signatory contractor with a union is only an indicator that the contractor
is
likely to meet all of the qualifications. Responsible Bidding is not about unions,
it’s about fairness. |
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