Unbalanced Bid, Mathematically: A bid containing lump sum or unit bid prices that do not reflect reasonably anticipated actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Unit Price: The price bid by the contractor for one unit of work, as defined by the specifications. Work: Work shall mean the furnishing of all labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the co ntract. Working Day: A day, exclusive of Saturdays, Sundays and State- recognized holidays, beginning at midnight, extending for a 24-hour period, and ending at midnight. Any Saturday, Sunday, or State- recognized holiday on which the contractor has been approved to work will also be counted as a working day. Working days on which weather conditions do not permit work on the project to proceed, as determined by the Engineer, will not be charged. SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.01 Advertisements for Bids:
The advertisement for bids may contain the following information: • Project number and name of highway, • Route number and mileposts or reference markers, • Date, time , and place of public opening of bids, • Location and length of project , • General description of work, • Specified contract time (working days, calendar days or fixed dates) for completion of contract work, • Statement of proposal requirements, • Manner in which project plans and specifications may be obtained, • Type and amount of proposal guaranty. TABLE OF CONTENTS INDEX
102.02 Prerequisites for Bidding:
A.General: To submit a valid bid, the bidder must:
1.Have prequalification from the Department as necessary for the project, in accordance with Subsection 102.02(B) of the specifications; and
2.Be included on the project Plansholder List as a Prime in accordance with Subsection 102.02( C) of the specifications.
B.Prequalification of Bidders: Prior to submitting a bid, the bidder will (unless waived by the Department) be required to be prequalified with the Department to bid on the project. The submission of Prequalification information and determination of Prequalification shall be in accordance with the requirements of the Rules for Prequalification of Contractors as approved and adopted by the Department.
C.Plansholder List: It is the bidder’s responsibility to ensure that their firm is on the Plansholder List as a Prime prior to submitting a bid. Firms can register electronically requesting placement on the project Plan sholder List as either a Prime or Subcontractor/Vendor as follows:
1.Go to the ADOT Contracts and Specifications Group Website;
2.Select “Current Advertisements” ;
3.Identify the project of interest ;
4.Click on the “Register” icon;
5.Select the “Bidder” or “Subcontractor/Vendor” radio button;
6.Complete all required fields;
7.Click “Save”. This submits the request to the Department ; and TABLE OF CONTENTS INDEX
8.If all required information is provided, the “ADOT C&S Advertisement Registration Confirmation Screen” will appear. An email will also be sent to the email address provided acknowledging the request. Requests to be included on the Plansholder List as a Prime will be evaluated by the Department to determine whether the bidder is prequalified for the project . The Department cannot guarantee that requests to be on the Plansholder List will be considered if the request is submitted less than five working days prior to the bid opening. The Department will send an email to the email address provided notifying the contractor of the results of their request. The Department’s email will state whether the request was approved or denied. More information regarding the Department’s decision may be obtained by contacting the ADOT Contracts and Specifications Group. If an individual from a firm submits a duplicate request to be placed on the Plansholder List, the request will be denied. The Department will register the contact person listed on the duplicate request to receive email notices of updates to the project. T he Department will send an email to the email address provided notifying the contractor of the results of their request.
D.Registration for Notifications: Firms on the Plansholder List as a Prime or a Subcontractor/Vendor will receive notification of any changes to the project. Other interested parties can register electronically to receive email notification of any changes to the project as follows:
1.Go to the ADOT Contracts and Specifications Group Website;
2.Select “Current Advertisements” ;
3.Identify the project of interest ;
4.Click on the “Register” icon;
5.Select the “Other” radio button;
6.Select the “Yes” radio button in response to “Are you interested in registering to be notified about any changes made to this advertisement?” ;
7.Complete all required fields;
8.Click “Save”. This submits the request to the Department ; and TABLE OF CONTENTS INDEX
9.If all required information is provided, the “ADOT C&S Advertisement Registration Confirmation Screen” will appear. An email will also be sent to the email address provided acknowledging the req uest. All parties registering to receive notifications will be sent an email when changes are made to the project.
102.03 Suspension from Bidding:
The Department may suspend any person and any subsidiary or affiliate of any person from further bidding to the Department and from being a subcontractor or a supplier or otherwise participating in the work:
A.If that person or any officer, director, employee or agent of that person is convicted, in this State, or any other jurisdiction, of a crime involving any of the following elements or actions:
1.Entering into any contract, combination, c onspiracy or other unlawful act in restraint of trade or commerce;
2.Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device;
3.Making false, fictitious, or fraudulent statements or representations;
4.Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry;
5.Misrepresentation or false statement on any application for bonding;
6.Misrepresentation or false statement on any application for prequalification;
B.If the Department makes a finding of any of the above or finds that the contractor is not a Responsible Bidder or a Responsible Contractor ; or
C.If the Department determines that a contractor, subcontractor, or supplier has repeatedly or willfully failed to comply with federal or state immigration laws. Under this subsection, a person means any individual, partnership, joint venture, corporation, association, or other entity formed for the purpose of doing business as a contractor, subcontractor , or supplier. TABLE OF CONTENTS INDEX
102.04 Contents of Proposal Pamphlet:
The proposal pamphlet will state the location and description of the contemplated construction and will show the approximate estimate of t he various quantities and kinds of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal pamphlet will state the time in which the work must be completed, the type and amount of the proposal guaranty and the date, time, and place of the opening of proposals. The pamphlet will also include any Special Provisions or requirements which vary from or are not included in the Standard Specifications. Additional contract documents applicable to the specific project are listed in the Special Provisions.
102.05 Issuance of Proposals:
The Department reserves the right to refuse to accept bids for any of the following reasons:
A.Lack of competency or adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires required under Subsection 102.02 of the specifications.
B.Incomplete work which, in the judgment of the Department, might hinder or prevent the prompt completion of additional work if awarded.
C.Failure to pay, or settle satisfactorily, all bills due for work on other contracts.
D.Failure to comply with any qualification regulations of the Department .
E.Default under previous contracts.
F.Unsatisfactory performance on previous work.
G.Entering into any contract, combination, conspiracy, or other unlawful act in restraint of trade or commerce.
H.Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device.
I.Making false, fictitious, or fraudulent statements or representations.
J.Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry. TABLE OF CONTENTS INDEX
K.Misrepresentation or false statement on any application for bonding .
L.Misrepresentation or false statement on any ap plication for prequalification.
M.Lack of sufficient ability or integrity to complete the contract.
102.06 Interpretation of Quantities in Bidding Schedule:
The quantities appearing in the bidding schedule, except as provided elsewhere, are approximate only and are prepared for the comparison of bids. Payment to the contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the requirements of the contract. The scheduled quantities of work to be done and materials to be furnished may each be increased, decreased, or omitted as hereinafter provided in Subsection
104.02 of the specifications.
102.07 Examination of Plans, Specifications and Site of
Work: The bidder shall examine the site of the proposed work and the contract before submitting a Proposal. If no site investigation is performed, the bidder is responsible for all site conditions that should have been discovered had a reasonable site investigation been performed. The submission of a Proposal will be considered conclusive evidence that the bidder is satisfied with the conditions to be encountered in performing the work and as to the requirements of the proposed contract. Project plans, special provi sions, proposal pamphlets, and other project documents, if available, shall be found in electronic format, on the ADOT Contracts and Specifications Group website. Any interested party can access the advertised project documents. The bidder shall take no advantage of any apparent error or omission in the plans, bid schedule items, estimated quantities, specifications, or other contract documents. In the event the bidder discovers such an error or omission, the bidder shall imm ediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary. Any request for explanation of the meaning or interpretations of the contract shall be submitted in adequate time to allow a reply t o reach all bidders before submission of their Bid Proposal. If the Department determines interpretations or explanations are warranted, the response will be issued as an addendum to the Proposal Form, and will be furnished to all prospective bidders before the time set for opening of Proposals. TABLE OF CONTENTS INDEX The Department will not be bound by any statement or representation concerning conditions or description of the work unless they are included in the contract. Oral explanations, interpretations, or instructions gi ven before the award of the contract by Department employees or agents are not binding.
102.08 Preparation of Proposal:
A.General: The bidder shall prepare and submit its proposal using Department - furnished bid preparation software. Proposals shall be prepared and submitted in accordance with the requirements of Subsection 102.08(B) of the specifications. The bidder shall submit its proposal using the electronic bid process described herein. When an item in the proposal contains a choice to be made by the bidder, the bidder shall indicate a choice in accordance with the specifications for that particular item and after the bid opening no further choice will be permitted.
B.Electronic Submittal:
1.General: In order to submit a bid electronically, a firm must have obtained a bidder identification number from the Department, at the office of ADOT Contracts and Specifications Group , 205 South 17 th Avenue, Room 121F, Phoenix, AZ 85007, phone (602) 712- 7221. In addition, bidders must subscribe to Bid Express, an online bidding service, and obtain a digital signature. Bid Express can be reached at www.bidx.com , phone (352) 381- 4888. The bidder shall also download and install a copy of the AASHTOWare Project Bi dsTM Bid Component from the internet at the Bid Express website. The version of the software currently used by ADOT can then be located by selecting the ADOT tab and the “AASHTOWare Project Bids” link under Downloads. In order to obtain a digital signature, bidders shall be required to name at least one responsible person who shall be authorized to commit the firm to the terms and conditions specified in t he Proposal and the contract documents. The bidder shall download the electronic copy of the project EBS X file, listed as an AASHTOWare Project BidsTM Data File on the Bid Express website. The file includes a schedul e of items folder containing the bid schedule, and a miscellaneous folder containing the proposal and TABLE OF CONTENTS INDEX attachments. The bidder shall review the proposal and complete the bidding schedule, as specified herein, and the attachments. The bidder shall also incl ude with its bid an email address and recipient name for the purpose of receiving the notice of award or other notices related to the bidding. The Department will send the notice of award, executed contract and other notices to the requested email address and recipient name. It is the contractor’s responsibility to provide the updated contact information to the Department if there are any changes to the above requested email address or recipient name prior to the award of the contract. The bidder shall specify a unit price for each pay item for which a quantity is given in the bidding schedule. The software will automatically produce the extended amount, as the product of the quantity given and the specified unit price. Unit prices shall be stated in w hole cents. The bidder shall also download all addenda issued and update the project file accordingly. The bidder shall be responsible to verify that all addenda issued prior to the bid opening have been included in its submittal. The bidder shall be resp onsible for the successful submission of its electronic bid prior to the time specified for submission of bids. Bids submitted after the specified time will not be accepted. The bidder agrees that the Department bears no liability resulting from the bidder's failure to successfully submit an electronic bid.
2.Procedure for Missing Bids: If a bidder believes that its electronically submitted bid should have been read at the bid opening but was not read, the bidder shall notify the Department of the apparent irregularity and provide its bid receipt for the bid in question no later than three hours after the time specified for submission of bids. Upon proper notification of a missing bid by a bidder, the Department will notify all bidders that a missing bid has been reported. The Department will begin an investigation to determine the status of the bid, and will review all electronic bids received from Bid Express. The Department will direct Bid Express to review their records and determine whether the missing bid was submitted. Bid Express will make a determination about receipt of the bidder’s missing bid. If requested by the Department , Bid Express will attempt to retrieve a copy of the encrypted bid from the bidder’s computer. TABLE OF CONTENTS INDEX The Department will authorize Bid Express to send the Department a program which will enable the encrypted bid to be opened and processed. If the Department determines that a bid cannot be recovered, the Department will notify all bidders of its determination. If a mi ssing bid is recovered, the Department will determine the validity of the bid, and may award the contract to the bidder submitting the missing bid if appropriate. The Department will notify all bidders.
102.09 Non -Collusion Certification:
By submission of its bid electronically, the bidder makes the certification stated in the following paragraph, binding as if it had been signed by the bidder. The bidder certifies that, pursuant to Subsection 112(c) of Title 23, United States Code and Title 44, Chapter 10, Article 1 of the A.R.S, neither it nor anyone associated with the company, firm, corporation, or individual has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid.
102.10 Irregular Proposals:
A.Proposals may be considered irregular and may be rejected for any of the following reasons:
1.If there is a submission of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning .
2.If the bid is mathematically unbalanced.
3.If the bid is materially unbalanced.
B.Proposals will be considered irregular and will be rejected for any of the following reasons:
1.If the bidder is not on the project Plansholder List as a Prime .
2.If the bidder or surety fails to provide a proposal guaranty as specified in Subsection 102.12 of the specifications. TABLE OF CONTENTS INDEX
3.If the bidding schedule does not contain a unit price for each pay item listed except in the case of authorized alternate pay items.
4.If the bidder fails to meet the required goal for Disadvantaged Business Enterprises (DBE) established in the Special Provisions or show good faith effort as determined by the Department.
102.11 Availability of Documents :
The following project documents, if applicable, will be available in electronic format on the ADOT Contracts and Specifications Group website:
A.Project Plans.
B.Special Provisions.
C.Proposal Pamphlet .
D.Cross Sections.
E.Earthwork Quantity Sheets.
F.Reports (if available) .
G.Existing Ground Digital Terrain Model (DTM) .
H.Design Ground Digital Terrain Model (DTM) . The project plans, special provisions, proposal pamphlet, cross sections, earthwork quantity sheets, and any applicable reports are provided in PDF format. The Department makes no representation or warranties as to the compatibility, usability, or readability of the PDF documents with any system, software, hardware, or application package other than that on which the files were originally saved. The contractor bears the sole risk of any modifications, manipulations, or alterations to the plans, special provisions, proposal pamphlet, and any applicable reports. The existing ground DTM and the design DTM, if applicable, are provided as DGN files. They are provided for information purposes and contractor convenience only. The DTMs are not part of the contract documents. The contractor’s use of the information in t he DTMs is at the contractor’s sole risk. The Department makes no representation or warranties as to the compatibility, usability, or readability of the DTMs with any system, software, hardware, or application package other than that on which the files we re originally prepared. The version of Microstation used to save the DTMs is indicated at https://azdot.gov/business/engineering -and- construction/computer -aided- design- and-drafting -cadd. The Department is providing the electronic project files to bidders for informational purposes in conjunction with work or services to be provided to the Department under this project. Any use of the electronic files for any purposes other than for this project is prohibited. TABLE OF CONTENTS INDEX
102.12 Proposal Guaranty:
The bidder shall provide an electronic proposal guaranty payable to the Arizona Department of Transportation for 10 percent of the amount of the bid. The surety (bid) bond shall be executed by the bidder and a surety company or companies holding a certificate of authority to transact surety business in this State issued by the Director of the Department of Insurance. The agent for the surety shall be licensed to act as an insurance agent in Arizona. Bidders shall provide an electronic proposal guaranty as described herein. Two companies have established web- based surety processing procedures with Bid Express: Surety 2000 ( https://surety2000.com/ ) and Sure Path Network ( http://web.insurevision.com/ ). Bidders may contact these companies for additional information and requirements on electronic proposal guaranty.
102.13 Withdrawal of Proposals:
A.General: A bidder may withdraw its submittal at any time prior to the time specified for submission of bids, provided that the bidder withdraws such bid electronically through the Department’s online bidding service.
B.Conditional Withdrawal: When proposals for more than one contract are to be publicly read on any one date, a bidder may request , in the event it is the apparent low bidder on a given contract or contracts, one or more subsequent bids are withdrawn. The bidder shall submit a request for conditional withdrawal through the Department’s online bidding service prior to the time specified for submission of bids.
102.14 Combination o r Conditional Proposals:
If the Department so elects, proposals may be issued for projects in combination or separately so that bids may be submitted either on the combination or on separate units of combination. The Department reserves the right to make awards on combination bids or separate bids to the best advantage of the Department. No combination bids, other than those specifically set up in the proposal by the Department, will be considered. TABLE OF CONTENTS INDEX Conditional proposals will be considered when so stated in the Special Provisions.
102.15 Public Opening of Proposals:
Proposals will be opened and read aloud at the time and place indicated in the advertisement for bids. Bidders, their authorized agents and other interested parties are invited to be present.
102.16 Licensing:
It is the responsibility of the bidder to determine whether it has the appropriate contracting licenses to perform the work. For all projects except Federal -aid funded projects, the bidder must have the proper licenses at the time the bid is submitted to the Department. On Federal -aid funded projects, the bidder is not required to have the licenses at the time of bidding, but it must procure the licenses from the State Registrar of Contractors, in accordance with A.R.S. 32 1101 et seq. before award can be made, and no later than 60 days after the date bids are opened. The bidder's failure to get the necessary licenses within 60 days after the bid opening date will result in rejection of the bid. Licensing information is available from: Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ 85007- 2812 Phone: (602) 542- 1525 Email: Webmaster@azroc.gov www.roc.az.gov
102.17 Boycott of Israel:
All bidders are required to certify in their bid proposal on the “Participation in Boycott of Israel Certification” form either:
A.The bidder does not participate in, an d agrees not to participate in during the term of the contract, a boycott of Israel in accordance with ARS 35- 393.01; or
B.The bidder does participate in a boycott of Israel as defined in ARS 35 -393.01. The Department will not award the contract unless the bidder makes the certification described in subparagraph ( A) of this Subsection. TABLE OF CONTENTS INDEX SECTION 103 SECTION 103 AWARD AND EXECUTION OF CONTRACT:
103.01 Consideration of Proposa ls:
After the proposals are opened and read aloud, they will be compared on the basis of the summation of the products of the quantities shown in the bidding schedule by the unit bid prices shown. The results of such com parisons will be available to the public. The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals if, in the judgment of the Department, the best interests of the Department will be promoted thereby.
103.02 Interpretation of Proposals:
The Department will consider the following in interpreting proposals:
A.In the event of a discrepancy between unit bid prices and extension, the unit bid price shall govern.
B.Unit prices may show up to two decimal places. Decimal places beyond two will be truncated. For example, if the stated unit bid price is $1.128 per unit, the Department will interpret the unit bid price as $1.12 per unit. The extended amount for the affected item(s) and the total bid will be computed accordingly.
C.The Department will not correct errors in unit bid prices, even if it is demonstrated that the error was a clerical error.
103.03 Responsibility:
The Department will decline to award the contract to any bidder who the Department finds is not a responsible bidder for the particular contract. A person who has been convicted of a violation of A.R.S. Section 34- 252 is not eligible to enter into any contract with the Department for a period of up to three years from date of conviction, as determined by the court. A person means any individual, partnership, corporation, association, or other entity formed for the purpose of doing business as a contractor. Non -responsibility may also be found for any of the following reasons:
A.Anti -competiti ve acts;
B.Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires required under Subsection 102.02 of the specifications; TABLE OF CONTENTS INDEX SECTION 103
C.Incomplete work which, in the judgment of the Depart ment, might hinder or prevent the prompt completion of additional work if awarded;
D.Failure to pay or settle satisfactorily all bills due for work on other contracts;
E.Failure to comply with any qualification regulations of the Department;
F.Default under previous contracts;
G.Unsatisfactory performance on previous work;
H.Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device;
I.Making false, fictitious, or fraudulent statements or representations;
J.Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry;
K.Lack of a proper contractor's license; or
L.Lack of sufficient ability or integrity to complete the contract.
103.04 Award of Contract:
The Transportation Board will consider proposals for award within 45 calendar days after the opening of proposals. The Transportation Board reserves the right to postpone action relative to the award of contract until a future Board Meeting. In any case, the Transportation Board will act on proposals no later than 60 calendar days after the opening of proposals. No adjustment in proposed prices wi ll be allowed as a result of any delay caused by the Transportation Board or the Award process. The award of contract, if awarded, will be made by the Transportation Board to the lowest responsible bidder whose proposal complies with all the requirements prescribed. If there are two or more low responsive bids that are identical in price, award will be made by drawing lots. The successful bidder will be notified by certified letter mailed to the address shown in the bidder's proposal that its bid has been accepted and that it has been awarded the contract. At any time after completion of the 60- day period set forth above for award of contract, the successful bidder may, by letter, notify the State Engineer of the Department's failure to issue a notice of award letter. If the notice of award letter has not been issued within five days from the date that the successful bidder's letter is received by the State Engineer, TABLE OF CONTENTS INDEX SECTION 103 the successful bidder shall have the right to withdraw its bid without forfeiture of the bidder's proposal guaranty.
103.05 Cancellation of Award:
The Transportation Board reserves the right to cancel the award of any contract at any time, before the execution of said contract by all parties, without any liability against the Transportation Board or the Department.
103.06 Blank:
103.07 Requirement of Contract Bonds:
The successful bidder shall furnish the Department the following surety bonds, which shall become binding upon the execution of the contract:
A.A performance bond in the amount of 100 percent of the total contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications , and conditions thereof. Such bond shall be solely for the protection of the Department ; and
B.A payment bond in the amount of 100 percent of the total contract amount solely for the protection of claimants supplying labor or materials to the contractor or its subcontractors in the prosecution of the work, and the payment of all workman's compensation, occupational disease, and unemployment compensation premiums. The bonds shall be writ ten or countersigned by an authorized representative of the surety. The authorized representative must be either a resident of the State of Arizona or must maintain its principal office in this State. The authorized representative for the surety must be licensed to act as an insurance agent in Arizona. Surety bonds shall be signed by the bidder and by the surety. The surety shall provide a current Power of Attorney attached to the surety bond. The forms of the bonds will be provided by the Department an d will conform to A.R.S. , Sections 34- 221 through 34 -223. Each bond shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this State issued by the Director of the Department of Insurance.
103.08 Execution of Contract:
The Department will send the notice of award letter to the successful bidder within two working days after the award, to the email address and recipient given by t he bidder as specified in Subsection 102.08(B)(1) of the specifications. This notice will also include the contract and the forms for the payment bond and the performance bond. TABLE OF CONTENTS INDEX SECTION 103 The contract shall be executed by the successful bidder in conformance with t he electronic procedures given by the Department. The successful bidder shall return the signed contract and bonds in electronic format so as to be received by the Department no later than 10 calendar days after the date of the notice of award letter to th e ADOT Contracts and Specification Group mailbox; CSGroup@azdot.gov. The Department will execute the contract within 20 calendar days after the date of the notice of award letter. No contract shall be considered as effective until it has been fully execut ed by both parties. When the Department executes the contract it will send a copy of the executed contract to the contractor’s email address and recipient name given by the bidder as specified in Subsection 102.08(B)(1) of the specifications.
103.09 Failure to Execute Contract:
Failure to execute the contract and file satisfactory contract bonds as provided herein within 10 calendar days after the date of the notice of award letter will result in the cancellation of the award and forfeiture of the proposal guaranty to the Department, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re- advertised as the Department may decide. The successful bidder acknowledges that if it fails to execute the contract, the Department will suffer damages, including but not limited to the costs of rebidding, costs related to obtaining a contractor, damages due to delayed completion of the project, and damages related to any change in the project conditions caused by delays.
103.10 Bid Disputes:
Any interested party may protest the prospective award of the contract to the apparent lowest responsible bidder, or the refusal of the Department to award the contract to a firm which claims it is the lowest responsible bidder. A protest must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The protest must be r eceived by the State Engineer no later than seven calendar days after the opening of bids, except in the case of a protest concerning compliance with disadvantaged business enterprise provisions. Any protests concerning compliance with disadvantaged business enterprise provisions must be received by the State Engineer no later than seven calendar days after the date required for submittal of the disadvantaged business enterprise affidavit by the apparent low bidder. The protest shall include facts supporting the protest, any pertinent contractual provisions, law, rules or regulations, and other legal authorities supporting the protest and a requested action. Copies of the TABLE OF CONTENTS INDEX SECTION 103 protest shall be sent by the protestant to every bidder, at the same time the protest is submitted to the State Engineer. Any interested party or the Department may submit a response to the protest. The response will include a statement of the requested action, a rebuttal of any of the factual matters in the protest, facts supporting the response, and any contractual provisions, laws, rules, or regulations, or other authority supporting the response. The response must be received by the State Engineer no later than seven calendar days after the protest is filed. Statu tes, contractual provisions, rules or regulations of the federal government or the state government need not be quoted in full in a protest or response, so long as sufficient citation is given so that the matter cited may be conveniently referenced. The St ate Engineer will make a recommendation in writing to the Transportation Board, with copies to the protestant and all parties upon whom service of the protest or response has been made, within seven calendar days after receipt of the response. The Transportation Board may hear arguments concerning the protest, or at its discretion may direct the State Engineer to hold a hearing or other appropriate procedure to evaluate the protest. If the matter is referred to the State Engineer, the State Engineer's recommendation will be made to the Board within 30 days. The Transportation Board will make the final decision as to award or the rejection of bids. Notwithstanding the provisions of Subsection
103.04 of the
specifications, in case of any bid protest, the award, if any, must be made by the Transportation Board no later than 75 calendar days after the opening of proposals unless otherwise agreed by the parties. T he times specified in this subsection may be changed by the Engineer with the written agreement of both the apparent low bidder and second low bidder. The times prescribed in this subsection may also be varied in the Special Provisions.
103.11 Escrow of Bid Documentation:
When required by the Special Provisions, each bidder shall submit its Bid Documentation in a separate envelope from the Bid. The Bid Documents will remain unopened during the bid opening period. The documentation of the successful bidder will be placed in escrow with a banking institution or other bonded document storage facility and preserved by that institution or facility as specified in the following subsections. The Bid Documentation for all unsuccessful bidders will be returned. TABLE OF CONTENTS INDEX SECTION 103
A.Submittal of Bid Documentation: The bidder shall submit the Bid Documentation in a sealed container. The container shall be clearly marked "Bid Documentation" and show on the face of the container the bidder's name and address, the date of submittal, the project number, and the contract number.
B.Affidavit: In addition to the Bid Documentation, the bidder shall submit an affidavit, signed under oath by a representative of the bidder authorized to execute Bid Proposals, listing each bid document submitted by author, date, nature, and subject matter. The affidavit shall attest 1) that the affiant has personally examined the Bid Documentation, 2) that the affidavit lists all of the documents relied upon by the bidder in preparing the bid for the project, and 3) that all Bid Documentation is included in the sealed container submitted in escrow.
C.Duration and Use: Within three days of award of the contract, the Department and the contractor will jointly deliver the sealed container and affidavit to a banking institution or other bonded document storage facility selected by the Department for placem ent in a safety deposit box, vault , or other secure accommodation. The document depository agreement shall reflect that the Bid Documentation and affidavit shall remain in escrow during the life of the contract or until the contractor requests that the Department verify a request for additional compensation or an extension of time based on its bid or unless a court order provides the Department permission to obtain the Bid Documentation. In the absence of such action and provided the contractor signs the f inal Standard Release Form, the Department will instruct the document depository to release the sealed container to the contractor. In accordance with the contractor's representation that the sealed container placed in escrow contains all of the materials relied upon in preparing its bid, the contractor agrees to waive the right to use any Bid Documentation other than that placed in escrow in disputes arising out of the contract.
D.Format and Contents: Bidders may submit Bid Documents for escrow in the usual cost estimating format. It is not the intention of this specification to cause the bidder extra work during the preparation of the proposal, but to ensure that the Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Bid Documents shall be written in the English language. TABLE OF CONTENTS INDEX SECTION 103 It is required that the Bid Documents clearly itemize the estimated costs of performing the work of each bid item contained in the bid schedule. Bid items are to b e separated into sub- items as required to present a completed and detailed cost estimate and allow a detailed cost review. The Bid Documents shall include all quantity take- offs, crew, equipment, calculations of rates of production and progress, copies of quotations from subcontractors and suppliers, and memoranda, narratives, consultant’s reports, add/deduct sheets, and all other information included by the bidder to arrive at the prices contained in the bid proposal. Estimated costs shall be broken down into the bidder’s usual estimate categories such as direct labor, repair labor, equipment operation, equipment ownership, expendable materials, permanent materials, and subcontract cost as appropriate. Plant and equipment and indirect costs are to be det ailed in the bidder’s usual format. The contractor’s allocation of plant and equipment, indirect costs, contingencies, markup and other items to each bid item shall be included. All costs shall be identified. For bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed costs estimate, providing that labor, equipment, materials, and subcontracts, as applicable, are included and provided that indirect costs, contingencies, and markups, as applicable, are allocated. If the Bid Documents were developed using computer generated software, the contractor shall provide the documents in hard copy and shall identify the name and version of the computer software used. Bid documents provided by the Department need not be include d in the Bid Documents for escrow unless needed to comply with the requirements of this subsection.
E.Refusal or Failure to Provide Bid Documentation: Failure to provide Bid Documentation shall render the bid non- responsive.
F.Confidentiality of Bid Documentation: The Bid Documentation and affidavit in escrow are, and shall remain, the property of the contractor. The Department has no interest in, or right to, the Bid Documentation unless the contractor requests that the Department verify its request for additional compensation or an extension of time based on its bid or unless a court order gives the Department permission to obtain the Bid Documentation. In the event of such requests or court orders, the Bid Documentation and affidavit will become t he property of the Department until complete resolution of the reason for the request or court order is achieved. These materials, and all copies made by the Department, will be returned to the contractor at the conclusion of litigation, or final resoluti on of all outstanding claims, upon execution of a final release. The Department will make every reasonable effort to ensure that the Bid Documentation remains TABLE OF CONTENTS INDEX
Source: Arizona Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages – of 1,296.