102Section 10 2

Bidding Requirements and Conditions

102.01Prequalification of Bidders. The bidder shall follow the prequalification and bidding

procedures contained in the Rules Governing Construction Bidding for CDOT Public Works Projects, 2 CCR 601-10, (“Rules”), on file with the Colorado Secretary of State. Copies are available upon request in the Contracts and Market Analysis Branch of the Department.

Only prequalified bidders will be allowed to bid on any project. At least 10 days before opening of proposals, the bidder must file an experience questionnaire and a confidential financial statement on standard forms furnished by the Department.

102.02Contents of Proposal Forms. The Department will publish bidding opportunities to

prospective bidders on the CDOT Business Center website. The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished and will have a schedule of items inviting unit bid prices. The proposal form will state the time that the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals.

All bidders on projects shall submit electronic bids only. Innovative delivery method projects such as Design-Build, CMGC and Best Value, are not subject to this electronic bidding requirement. The plans, specifications, and other documents designated in the proposal form, will be considered a part of the proposal. The prospective bidder shall pay the Department the sum stated in the Invitation for Bids for each paper set of plans.

102.03Interpretation of Quantities in Proposal Form. Except as otherwise provided in this

subsection and the method of measurement for individual items, the quantities appearing in the proposal form are estimates prepared for the comparison of proposals. Payment to the Contractor will be made per the following procedures:

material furnished, payment will be made for actual quantities measured and accepted.

performed or materials furnished to be measured, payment will be made for the quantities appearing in the Contract. The estimated quantities of work to be performed and materials to be furnished may be increased, decreased or omitted.

102.04Interpretation of Plans and Specifications Any changes to proposal forms, plans, or

specifications before the opening of proposals will be issued by the Department through posting of the changes on the Department's Schedule Bid Openings web page, Business Management System (B2GNow), and the Electronic Bid System. Certain individuals are named in the project specifications who have authority to provide information, clarification or interpretation to bidders before opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for bidding purposes.

102.05

102.05Examination of Plans, Specifications, Special Provisions, and Site of Work. The

bidder is expected to examine the site of the proposed work, the proposal, plans, specifications, supplemental specifications, special provisions, and contract forms, before submitting a proposal. The submission of a proposal will be considered conclusive evidence that the bidder has made this examination and is aware of the conditions to be encountered in performing the work according to the Contract.

Boring logs, utility mapping, and other records of subsurface investigations, if they exist, are available for inspection by bidders. These logs and records are made available so that all bidders have access to identical subsurface information that is available to the Department. These items are not intended as a substitute for personal investigation, interpretation, and judgment of the bidders.

The Department does not warrant the adequacy of boring logs, utility mapping, and other records of subsurface investigations, and such information is not considered to be a part of the Contract. When a log of test borings is included in the subsurface investigation record, the data shown in the individual log of each test boring applies only to that particular boring and is not intended to be conclusive as to the character of any material between or around test borings. When utility mapping is included, the information shown will be identified as Quality Level A/B/C/D per the most recent version of the ASCE Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38-02). Utility location depictions are only valid at the time of collection, and it is the Contractor’s sole responsibility to verify all utility locations before beginning the work. If bidders use this information in preparing a proposal, it is used at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from such information.

Bidders may conduct subsurface investigations at the project site at bidder’s expense; the Department will afford them this opportunity before public opening of proposals.

If a bidder discovers an apparent error or omission in the proposal form, estimated quantities, plan, or specifications, the bidder shall immediately notify the Engineer to enable the Department to make any necessary revisions. The Department may consider it to be detrimental to the Department for a bidder to submit an obviously unbalanced unit bid price. See subsection 102.07.

102.06Preparation of Proposal. The bidder shall submit the proposal (bid) upon the forms

furnished by the Department per the “Rules” referenced in subsection 102.01.

102.07Irregular Proposals. Proposals (bids) will be considered irregular and may be

rejected for any of the following reasons:

is altered or any part thereof is detached, or if the form does not contain original signatures.

of any kind that may tend to make the proposal incomplete, indefinite, or ambiguous.

the date of opening of proposals.

102.08

authorized alternative pay items, the mathematical products of the respective unit prices and the estimated quantities, and the total amount of the bid obtained by adding such mathematical products.

the potential detriment of the Department. There are two types of unbalanced bids: (1) mathematically unbalanced and, (2) materially unbalanced. The mathematically unbalanced bid is a bid containing lump sum or unit pay items that do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of the Department. These costs should all relate to the performance of the items in question. The materially unbalanced bid is a mathematically unbalanced bid that the Department determines leaves reasonable doubt that award will result in the lowest ultimate cost to the Department, or that award is in the public interest.

bid on the same public project.

of the “Rules.”

Department contract.

of the “Rules.” The Department reserves the right to reject any or all bids, to waive technicalities or to advertise for new bids, if in the judgment of the Department its best interests will be promoted thereby.

102.08Combination or Conditional Proposals. If proposal forms are issued for projects in

combination and separately, the bidder may submit proposals either on the combination or on separate units of the combination. The Department reserves the right to make awards on combination or separate proposals to the advantage of the Department. Combination proposals will be considered, only when specified.

102.09Anti-Collusion Affidavit. Every proposal (bid) submitted to the Department shall

contain a statement certifying that the bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of an affidavit provided by the Department and signed by the bidder.

The original of the signed anti-collusion affidavit, Form 606, shall be submitted with the proposal. The proposal will be rejected if it does not contain the completed Form 606.

102.10Material Guaranty. The successful bidder may be required to furnish a complete

statement of the origin, composition, and manufacture of materials used in the construction of the work together with samples, which will be tested for conformance with Contract provisions.

102.10

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103.01