Purchasing and Contracts

Depending upon the type of procurement, Valley Water may require bidders to submit proof of required insurance coverage prior to contract award. The specific insurance requirements will be included in the solicitation documents. Questions about insurance requirements should be addressed with the Risk Manager at 408-265-2607 ext. 2213.

Valley Water is committed to minimizing risk to the public, contractors, and Valley Water employees by contracting only with businesses whose safety programs meet Valley Water standards. Vendors who bid on work that involves certain high risk activities will be required to complete and submit a Contractor Safety Qualification Packet. Work activities that trigger this requirement include construction, maintenance, and other activities with associated life safety critical tasks or operations, such as assembly and use of scaffolding, lockout/tagout, confined space entry, working at elevated locations, live electrical work, excavation or trenching, tunneling, hot work, or any other activity that requires specialized training to prevent serious injury or a catastrophic event. The Contractor Safety Qualification Packet will be included in the solicitation documents for each project as required. Questions about safety requirements should be addressed with the district’s Environmental Health and Safety Manager at 408-630-2812.

Prevailing Wage

The State of California Department of Industrial Relations has determined prevailing wages for certain categories of workers. Some Valley Water solicitations may include the requirement to pay prevailing wages. Questions about prevailing wages in the State of California should be addressed to the Division of Labor Statistics and Research, Prevailing Wage Unit, PO Box 420603, San Francisco, CA 94142. (415) 703-4774.

Living Wage

It is the policy of Valley Water that persons doing work on, for or on behalf of Valley Water should be paid at least a living wage and reasonable time off. Visit the Living Wage Policy page for more information:

https://www.valleywater.org/livingwage

BASIS OF PROTEST

Protests shall be based only on the protestor’s belief that one or more of the following situations occurred:

1. The solicitation contained restrictive or discriminatory specifications.
2. There was alleged misconduct or impropriety by Valley Water officials.
3. There was alleged abuse of process or discretion by Valley Water officials.
4. Valley Water failed to adhere to the evaluation criteria outlined in the procurement documents or made changes in the evaluation criteria during the evaluation process.

PROTEST PROCESS

Proposers may submit a written protest no later than 5:00 p.m., three (3) business days after the date of the Notice of Intent to Award ("N.O.I." or "NOITA"). The letter must include at least one of the reasons listed below:

PROTEST SUBMITTAL INSTRUCTIONS

The protest letter is to be mailed certified by the U.S. Post Office and emailed to:

Valley Water
Attn: Deputy Administrative Officer of General Services
RE: Protest (List ITB/RFP # and RFP Title)
5750 Almaden Expressway
San Jose, CA 95118-3614

Email Contact: [email protected]
Email Subject Line: Protest (List ITB/RFP # and RFP Title)

The Proposer must label the envelope "Attention – Protest (List ITB/RFP # and RFP Title)” to assist in expedited handling.

The protest letter must contain the following information:

1. Name, address, email, and phone number of the Proposer submitting the protest
2. Signature of the Proposer submitting the protest
3. Solicitation number and title or project description
4. Statement for the basis for the protest
5. Copies of any relevant documents; and
6. The desired resolution from this protest

PROTEST REVIEW AND DETERMINATION

The Purchasing and Contracts Manager will review the protest and the supporting documentation. Valley Water will not accept additional materials after the protest submittal. The Purchasing and Contracts Manager will send a Notice of Decision by email and certified U.S. Mail to the Proposer within ten (10) business days of receiving the protest. Valley Water will notify the Proposer if there is a delay in sending the Notice of Decision.

PROTEST APPEAL LETTER

Should the Proposer decide to appeal the decision and pursue its protest, they must send a protest appeal letter to the Deputy Administrative Officer of General Services no later than 5:00 p.m., three (3) business days from receipt of the Notice of Decision.

Failure to comply with the rules herein may result in the rejection of the protest.

The protest appeal letter must include the following information:

1. Name, address, email, and phone number of the Proposer submitting the appeal letter
2. Signature of the Proposer submitting the appeal letter
3. The solicitation number and title or project description
4. Statement for the basis for the appeal
5. Copies of any relevant documents; and
6. The desired resolution from the appeal letter.

The protest appeal letter is to be mailed certified by the U.S. Post Office and emailed to:

Valley Water
Attn: Deputy Administrative Officer of General Services
Re: Protest (List ITB/RFP # and RFP Title)
5750 Almaden Expressway
San Jose, CA  95118-3614

Email Contact: [email protected]
Email subject line: Protest (List ITB/RFP # and RFP Title)

The Deputy Administrative Officer will issue the Final Determination within ten (10) business days upon receiving the protest appeal letter. Valley Water may elect to withhold a pending award after the ten (10) business days appeal waiting period until the protest is resolved or proceed with awarding a contract.

Per Valley Water Ordinance 23-03 and 23-04, the Small Business Enterprise Outreach Program Policy provides preference points to bidders and proposers certified by the California Department of General Services (DGS) as a Small Business. Non-small business bidders and proposers may also receive preference if they fulfill the 30% DGS-certified Small Business subcontractor/subconsultant participation goal. If the goal is not met, good faith efforts to subcontract with Small Businesses are required to be considered responsive. More information about the Small Business Enterprise Outreach Program Policy can be found in solicitation documents.

Valley Water offers a 5% preference on bids for goods and qualifying consultant services to local businesses.  A local business has a principal business office operating legally within Santa Clara County, or a regional, branch or satellite office with at least one full-time employee located in Santa Clara County.