102.01 102-1 Section 102SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.01 Prequalification 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.
102.02 Contents 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.
102.03 Interpretation 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:
a.Measurement required. When the Contract requires measurement of work performed or material furnished, payment will be made for actual quantities measured and accepted.
b.Measurement Not Required. When the Contract does not require quantities of work 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.
102.04 Interpretation of Plans and Specifications Any changes to proposal forms, plans, or
specifications before the opening of proposals will be issued by the Departmen t through posting of the changes on the Department's Schedule Bid Openings web page, Business Management System (B2G Now), and the Electronic Bid S ystem. 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 individu als is invalid and shall not be used for bidding purposes . 102.05 102-2
102.05 Examination 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 inve stigation 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 concl usions, 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.
102.06 Preparation of Proposal . The bidder shall submit the proposal (bid) upon the forms
furnished by the Department per the “Rules” referenced in subsection 102.01.
102.07 Irregular Proposals . Proposals (bids) will be considered irregular and may be
rejected for any of the following reasons:
1.If the proposal is on a form other than that prescribed by the Department, or if the form is altered or any part thereof is detached, or if the form does not contain original signatures.
2.If there are unauthorized additions, conditional or alternative proposals, or irregularities of any kind that may tend to make the proposal incomplete, indefinite, or ambiguous.
3.If the bidder fails to acknowledge in the proposal the receipt of all revisions current on the date of opening of proposals. 102.08 102-3 (4) If the proposal does not contain a unit price for each pay item listed except in the case of 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.
5.If the Department determines that any of the unit bid prices are materially unbalanced to 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.
6.If the Contractor submitting the bid is affiliated with another bidder that has submitted a bid on the same public project.
7.If the bidder has been sent a notice of intent to revoke prequalification under Chapter Two of the “Rules.”
8.If the bidder has been asked in writing to show why it should not be found in default on a Department contract.
9.If the bidder has been sent a notice of intent to debar or of suspension under Chapter Three 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.
102.08 Combination 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. Combina tion proposals will be considered, only when specified.
102.09 Anti-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.
102.10 Material 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 . 102.10 102-4 THIS PAGE INTENTIONALLY LEFT BLANK 103.01 103-1 SECTION 103 Section 103AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Proposals . After the proposals (bids) are opened and read, they will
be evaluated, and the Contract awarded or rejected per the “Rules” referenced in subsection 102.01. The low responsible bidder shall submit a completed CONTRACTORS PERFORMANCE CAPABILITY STATEMENT, Form 605, and a completed ASSIGNMENT OF ANTITRUST CLAIMS, Form 621, to the Award Officer before 4:30 P.M. on the fifth calendar day after the bid opening. To be eligible for contracting with CDOT, the apparent low responsible bidder shall have an account in the B2GNow software system. Failure to submit the Forms 605 and 621 and to have an account in the B2GNow software system may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guaranty.
103.02 Award of Contract . If the Contract is awarded, the award will be made within 30
calendar days after the opening of proposals to the lowest bidder whose proposal complies with all the requirements prescribed. The successful bidder will be notified in writing of the acceptance of the proposal and the award of the Contract.
103.03 Requirement of Contract Bonds . At the time of the execution of the Contract, the
successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisio ns to be included in the payment and performance bonds. The Contract Payment Bond and the Contract Performance Bond shall remain in full force and effect for the term of the Contract. The bonds and the security shall be acceptable to the Department.
103.04 Execution and Approval of Contract . The Contract shall be signed and returned by the
successful bidder together with the contract bonds, within 15 days after the date of award. If the signed Contract and bonds are returned by the successful bidder within 15 days after award and, if the Contract is not executed by the Department within 30 d ays from date of award, the bidder shall have the right to withdraw the proposal without penalty. The Contract will not be considered effective until it has been fully executed by all of the parties to the Contract.
Source: Colorado Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 31–34 of 943.