2BIDDING

2-1.01 General

Section 2 includes specifications related to bid eligibility and the bidding process .

2-1.02 Bid Ineligibility

A firm that has provided architectural or engineering services to the Department for this contract before bid submittal for this contract is prohibited from any of the following:

2-1.03 Contractor Registration

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2-1.04 Prebid Outreach Meeting

Section 2 -1.04 applies if a mandatory prebid meeting is shown on the Notice to Bidders . The Depa rtment will conduct a meeting to provide small businesses , including DVBEs and DBEs, the opportunity to meet and interact with prospective bidders in an effort to increase their participation in the performance of contracts. Each bidder must attend the meeting. The bidder's representative must be a company officer, project superintendent, or project estimator. For a joint venture, one of the parties must atten d the mandatory prebid meeting. The Department does not accept a bid from a bidder who did not attend the meeting. A sign -in sheet will be used to identify the attendees. Each bidder must include the name and title of the company representative attending the meeting. The Department may hold a singl e prebid meeting for more than one contract. Sign the sign -in sheet for the contract you intend to bid on. If you are bidding on multi ple contracts, sign each sign -in sheet for each contract you intend to bid on. The sign -in sheets, with the names of all companies in attendance at each prebid meeting, will be made available at the website shown on t he Notice to Bidders for bidder inquiries. The successful bidder is required to report each small business hired to work on this Contract as a result of the meeting.

2-1.05 Reserved

2-1.06 Bid Documents

2-1.06A General

The Bid book includes bid forms an d certifications , including forms not submitted through the electronic bidding service. The Notice to Bidders and Special Provisions includes the Notice to Bidders and special provisions. The Bid book, including Bid book forms not available through the ele ctronic bidding service, Notice to Bidders and Special Provisions , project plans, and any addenda to these documents may be accessed at the Department's Office of Construction Contract Awards website. The Standard Specifications and Standard Plans may be v iewed at the Department's Office of Construction Contract Awards website .

2-1.06B Supplemental Project Information

The Department makes supplemental information available as specified in the special provisions. Logs of tes t borings are supplemental project information. SECTION 2 BIDDING If an Information Handout or electronic design files are available , you may view them at the Contract Plans and Special Provisions link at the Department's Office of Construction Contract Awards website. Electronic design files contain design information such as cross sections, digital models, and roadway design alignments and profiles. If rock cores are available, you may view them by sending a request to Coreroom@dot.ca.gov . If other supplemental project inf ormation is available for inspection, you may view it by phoning in a request. Make your request at least 7 days before viewing. Include in your request:

2-1.06C 2-1.06D Reserved

2-1.07 Job Site and Document Examination

Examine the job site and bid documents. Notify the Department of apparent errors and patent ambiguities in the plans, specifications, and Bid Item List. Failure to do so may result in rejection of a bid or rescission of an award. Bid submission is your acknowledgment that you have examined the job site and bid documents and are satisfied with:

2-1.08 Reserved

2-1.09 Bid Item List

Submit a bid based on the bid item quantities shown on the Bid Item List .

2-1.10 Subcontractor List

On the Subcontractor List form , list each subcontractor that will perform work in an amount in excess of 1/2 of 1 percent of the total bid or $10,000, whichever is greater (Pub Cont Code § 4100 et seq.). For each subcontractor listed, the Subcontractor List form must show:

2-1.11 In-Use Off -Road Diesel -Fueled Vehicle List

Complete and submit the In -Use Off -Road Diesel -Fueled Vehicle List form under section 2 -1.33. On the In -Use Off -Road Diesel -Fueled Vehicle List form, list each fleet used by you or your subcontractor to perform work and is subject to 13 CCR § 2449 et seq. Submit a copy of a valid Certificate of Reported Compliance ( 13 CCR § 2449, subdivision (n)) for each fleet listed on the form within 10 days of bid opening. Failure to list a fleet used by you or your subcontractor to perform work on the In -Use Off -Road Diesel -Fueled Vehicle List form may result in a nonresponsive bid. Failure to submit the Certificate of Reported Compliance for a fleet listed on the In -Use Off -Road Diesel -Fueled Vehicle List form may r esult in a nonresponsive bid.

2-1.12 Disadvantaged Business Enterprises

2-1.12A General

Under 49 CFR 26.13(b): The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirement s is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

2-1.12B Disadvantaged Business Enterprise Goal

2-1.12B(1) General

Section 2 -1.12B applies if a DBE goal is shown on the Notice to Bidders . The Department shows a goal for DBEs to comply with the DBE program objectives provided in 49 CFR 26.1. Make work available to DBEs and select work parts consistent with the available D BEs, including subcontractors, suppliers, service providers, and truckers. Meet the DBE goal shown on the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. You are responsible to verify at bid opening the DBE firm is certified as a DBE by the California Unified Certification Program and possesses the most specific available NAICS codes or work codes applicable to the type of work the firm will perform on the Contract. Determine that selected DBEs perform a comm ercially useful function for the type of work the DBE will perform on the Contract as provided in 49 CFR 26.55(c)(1) –(4). Under 49 CFR 26.55(c)(1) –(4), the DBE must be responsible for the execution of a distinct element of work and must carry out its respo nsibility by actually performing, managing, and supervising the work. All DBE participation will count toward the Department's federally mandated statewide overall DBE goal. SECTION 2 BIDDING Credit for materials or supplies you purchase from DBEs will be evaluated on a con tract-by-contract basis and counts toward the goal in the following manner:

2-1.12B(2) DBE Commitment Submittal

Submit DBE information under section 2 -1.33. Submit a copy of the quote from each DBE shown on the DBE Commitment form that describes the type and dollar amount of work shown on the form no later than 4 p.m. on the 5th day after bid opening. If the last day for submitting the quote falls on a Saturday or holiday, it may be submitted on the next busi ness day with the same effect as if it had been submitted on the 5th day. Submit a DBE Confirmation form for each DBE shown on the DBE Commitment form to establish that it will be participating in the Contract in the type and dollar amount of work shown on the form. If a DBE is participating as a joint venture partner, submit a copy of the joint venture agreement. Failure to submit a completed DBE Confirmation form and a copy of the quote from each DBE will result in disallowance of the DBE 's participation.

2-1.12B(3) DBE Good Faith Efforts Submittal

You can meet the DBE requirements by either documenting commitments to DBEs to meet the Contract goal or by documenting adequate good faith efforts to meet the Contract goal. An adequate good faith effort means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If you have not met the DBE goal, com plete and submit the DBE Good Faith Efforts Documentation form under section 2 -1.33 showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed toward obtaining participation by DBEs are considered. Submit good fait h efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Department finds that the DBE goal has not been met. SECTION 2 BIDDING Refer to 49 CFR 26 app A for guidance regarding evaluation of good faith efforts t o meet the DBE goal. The Department considers DBE commitments of other bidders in determining whether the low bidder made good faith efforts to meet the DBE goal.

2-1.13 2-1.14 Reserved

2-1.15 Disabled Veteran Business Enterprises

2-1.15A General

Take necessary and reasonable steps to ensure that DVBEs have the opportunity to participate in the Contract. Comply with Mil & Vet Code § 999 et seq.

2-1.15B Projects $5 Million or Less

Section 2 -1.15B applies to a project with an estimated cost of $5 million or less. Make work available to DVBEs and select work parts consistent with the available DVBE subcontractors and suppliers. Meet the goal shown on the Notice to Bidders . Complete and submit the C ertified DVBE Summary form under section 2 -1.33. List all DVBE participation on this form. Submit a copy of the quote from each DVBE listed on the Certified DVBE Summary form that describes the type and dollar amount of work shown on the form no later than 4 p.m. on the 4th business day after bid opening. If a DVBE joint venture is used, submit the joint venture agreement with the Certified DVBE Summary form. List each 1st -tier DVBE subcontractor on the Subcontractor List form regardless of its percentage o f the total bid.

2-1.15C Projects More Than $5 Million

2-1.15C(1) General

Section 2 -1.15C applies to a project with an estimated cost of more than $5 million. The Department encourages bidders to obtain DVBE participation to ensure the Department achieve s its State -mandated overall DVBE goal. If you obtain DVBE participation:

2-1.15C(2) DVBE Incentive

The Department grants a DVBE incentive to each bidder who achieves a DVBE participation of 1 percent or greater (Mil & Vet Code 999.5 and Code of Regs § 1896.98 et seq.). To receive this incentive, submit the Certified DVBE Summary form under section 2 -1.33. SECTION 2 BIDDING Bidders other than the apparent low bidder, the 2nd low bidder, and the 3rd low bidder may be required to submit the Certified DVBE Summary form if the bid ranking changes. If the Department requests a Certified DVBE Summary form from you, submit the completed form within 4 business days of the request.

2-1.15C(3) Incentive Evaluation

The Depa rtment applies the small business and non –small business preference during bid verification and proceeds with the evaluation specified below for the DVBE incentive. The DVBE incentive is a reduction, for bid comparison only, in the submitted total bid by the lesser of the following amounts:

2-1.16 2-1.17 Reserved

2-1.18 Small Business and Non –Small Business Subcontractor Preferences

2-1.18A General

The Department applies small business preferences and non –small business preferences under Govt Code § 14835 et seq. and 2 CA Code of Regs § 1896 et seq. Any contractor, subcontractor, supplier, or service provider who qualifies as a small business is encouraged to apply for certification as a small business by submitting its application to the Department of General Services, Office of Small Business and DVBE Services. Contract award is based on the total bid, not the reduced bid.

2-1.18B Small Business Preference

The Department allows a bidder certified as a small business by the Department of General Services, Office of Small Business and DVBE Services, a preference if:

2-1.18C Non –Small Business Subcontractor Preference

The Department allows a bidder not certified as a small business by the Department of General Services, Office of Small Business and DVBE Services, a preference if:

2-1.19 2-1.26 Reserved

2-1.27 California Companies

Under Pub Cont Code § 6107, the Department gives preference to a California company , as defined, for bid comparison purposes over a nonresident contractor from any state that gives or requires a preference to be given to contractors from that state on its public entity construction contracts. Complete a California Company Preference form. The California company 's reciprocal preference amount is equal to the preference amount applied by the state of the nonresident contractor with the lowest responsive bid unless the California company is eligible for a small business preference or a non –small business sub contractor preference, in which case the preference amount is the greater of the two, but not both. If the low bidder is not a California company and a California company's bid with reciprocal preference is equal to or less than the lowest bid, the Departm ent awards the contract to the California company on the basis of its total bid.

2-1.28 2-1.30 Reserved

2-1.31 Opt Out of Payment Adjustments for Price Index Fluctuations

You may opt out of the payment adjustments for price index fluctuations specified i n section 9 -1.07. To opt out, submit a completed Opt Out of Payment Adjustments for Price Index Fluctuations form under section 2 -1.33.

2-1.32 Reserved

2-1.33 Bid Document Completion and Submittal

2-1.33A General

Complete the forms in the Bid book. Use the forms provided by the Department except as otherwise specified for a bidder's bond. SECTION 2 BIDDING Do not fax forms except for the copies of forms with the public works contractor registration number submitted after the time of bid. Fax these copies to (916) 227 -6282. Failure to submit the forms and information as specified may result in a nonresponsive bid. If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney wi th the Department either before opening bids or with the bid. Otherwise, the bid may be nonresponsive. Complete and s ubmit the Bid book under the Electronic Bidding Guide at the Department's Office of Construction Contract Awards. Your authorized digital signature is your confirmation of and agreement to all certifications and statements contained in the Bid book. On forms and certifications that you submit through the electronic bidding service, you agree that each form and certifi cation where a signature is required is deemed as having your signature.

2-1.33B Bid Form Submittal Schedules

2-1.33B(1) General

The Bid book includes forms specific to the Contract. The deadlines for the submittal of the forms vary depending on the requ irements of each Contract. Determine the requirements of the Contract and submit the forms based on the applicable schedule specified in section 2 -1.33B. Bid forms and information on the form that are due after the time of bid may be submitted at the time of bid.

2-1.33B(2) Federal -Aid Contracts

2-1.33B(2)(a) General

2-1.33B(2)(b) Contracts with a DBE Goal

2-1.33B(2)(b)(i) General

Section 2 -1.33B(2)(b) applies if a DBE goal is shown on the Notice to Bidders .

2-1.33B(2)(b)(ii) Bid Form Submittal

Submit the bid forms according to the schedule shown in the following table: SECTION 2 BIDDING Bid Form Submittal Schedule for a Federal-Aid Contract with a DBE Goal Form Submittal deadline Bid to the Department of Transportation Time of bid except for the public works contractor registration number Copy of the Bid to the Department of Transportation as submitted at the time of bid with the public works contractor registration number 10 days after bid opening Subcontractor List Time of bid except for the public works contractor registration number Copy of the Subcontractor List as submitted at the time of bid with the public works contractor registration number 10 days after bid opening In-Use Off-Road Diesel -Fueled Vehicle List 10 days after bid opening Small Business Status Time of bid Opt Out of Payment Adjustments for Price Index Fluctuationsa Time of bid DBE Commitment No later than 4 p.m. on the 5th day after bid openingb DBE Confirmat ion No later than 4 p.m. on the 5th day after bid openingb DBE Good Faith Efforts Documentation No later than 4 p.m. on the 5th day after bid openingb aSubmit only if you choose the option. bIf the last day for submitting the bid form falls on a Saturday or holiday, it may be submitted on the next business day with the same effect as if it had been submitted on the day specified.

2-1.33B(2)(b)(iii) Reserved

2-1.33B(2)(c) Contracts without a DBE Goal

2-1.33B(2)(c)(i) General

Section 2 -1.33B(2)(c) applies if a DBE goal is not shown on the Notice to Bidders .

2-1.33B(2)(c)(ii) Bid Form Schedule

Submit the bid forms according to the schedule shown in the following table: Bid Form Submittal Schedule for a Federal-Aid Contract with out a DBE Goal Form Submittal deadline Bid to the Department of Transportation Time of bid except for the public works contractor registration number Copy of the Bid to the Department of Transportation as submitted at the time of bid with the public works contractor registration number 10 days after bid opening Subcontractor List Time of bid except for the public works contractor registration number Copy of the Subcontractor List as submitted at the time of bid with the public works contractor registration numbers 10 days after bid opening In-Use Off -Road Diesel -Fueled Vehicle List 10 days after bid opening Small Business Status Time of bid Opt Out of Payment Adjustments for Price Index Fluctuationsa Time of bid aSubmit only if yo u choose the option. SECTION 2 BIDDING

2-1.33B(2)(c)(iii) Reserved

2-1.33B(2)(d) 2-1.33B(2)(h) Reserved

2-1.33B(3) Non -Federal-Aid Contracts

2-1.33B(3)(a) General

2-1.33B(3)(b) Contracts with a DVBE Goal

2-1.33B(3)(b)(i) General

Section 2 -1.33B(3)(b) applies if a DVBE goal is shown on the Notice to Bidders .

2-1.33B(3)(b)(ii) Bid Form Submittal

Submit the bid forms according to the schedule shown in the following table: Bid Form Submittal Schedule for a Non-Federal-Aid Contract with a DVBE Goal Form Submittal deadline Bid to the Department of Transportation Time of bid except for the public works contractor registration number for a joint -venture contract For a joint -venture contract, copy of the Bid to the Department of Transportation as submitted at the time of bid with the public works contractor registration number 10 days after bid opening Subcontractor List Time of bid In-Use Off -Road Diesel -Fueled Vehicle List 10 days after bid opening Opt Out of Payment Adjustments for Price Index Fluctuationsa Time of bid Certified DVBE Summary No later than 4 p.m. on the 4th business day after bid opening California Company Preference Time of bid Request for Small Business Preference or Non – Small Busin ess Preferencea Time of bid Certified Small Business Listing for the Non – Small Business Preferencea No later than 4 p.m. on the 2nd business day after bid opening aSubmit only if you choose the option or preference.

2-1.33B(3)(b)(iii) Reserved

2-1.33B(3)(c) Contracts without a DVBE Goal

2-1.33B(3)(c)(i) General

Section 2 -1.33B(3)(c) applies if a DVBE goal is not shown on the Notice to Bidders .

2-1.33B(3)(c)(ii) Bid Form Submittal

Submit the bid forms according to the schedule shown in the following table: SECTION 2 BIDDING Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal Form Submittal deadline Bid to the Department of Transportation Time of bid except for the public works contractor registration number for a joint-venture contract For a joint -venture contract, copy of the Bid to the Department of Transportation as submitted at the time of bid with the public works contractor registration number 10 days after bid opening Subcontractor List Time of bid In-Use Off -Road Diesel -Fueled Vehicle List 10 days after bid opening Opt Out of Payment Adjustments for Price Index Fluctuationsa Time of bid California Company Preference Time of bid Certified DVBE Summaryb No later than 4 p.m. on the 4th business day after bid opening Request for Small Business Preference or Non – Small Business Preferencea Time of bid Certified Small Business Listing for the Non – Small Business Preferencea No later than 4 p.m. on the 2nd business day after bid opening aSubmit only if you choose the option or preference. bSubmit only if you obtain DVBE participation or you are the apparent low bidder, 2nd low bidder, or 3rd low bidder and you choose to receive the specified incentive.

2-1.33B(3)(c)(iii) Reserved

2-1.33B(3)(d) 2-1.33B(3)(h) Reserved

2-1.33B(4) 2-1.33B(9) Reserved

2-1.34 Bidder'S Security

Submit one of the following forms of bidder's security equal to at least 10 percent of the bid:

2-1.35 2-1.39 Reserved

2-1.40 Bid Withdrawal

Bids are not filed with the Department until the date and time of bid opening. A bidder may withdraw or revise a bid after it has been submitted to the electr onic bidding service if this is done before the bid opening date and time.

2-1.41 2-1.42 Reserved

2-1.43 Bid Opening

The Department publicly opens and reads bids at the time and place shown on the Notice to Bidders . SECTION 2 BIDDING

2-1.44 2-1.45 Reserved

2-1.46 Depart Ment'S Decision On A Bid

The Department's decision on the bid amount is final. The Department may reject:

2-1.47 Bid Relief

The Department may grant bid relief under Pub Cont Code § 5100 et seq. Submit any request for bid relief to the Office Engineer. The Relief of Bid Request form is available at the Department's website.

2-1.48 Reserved

2-1.49 Submittal Failure History

The Department considers a bidder's past failure to submit documents required after bid opening in determining a bidder's responsibility.

2-1.50 Bid Rigging

The US Department of Transportation (DOT) provides a toll -free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424 -9071. The service is available 24 hours 7 days a week an d is confidential and anonymous . The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of t he DOT Inspector General.