102BIDDING REQUIREMENTS AND CONDITIONS

102.1Bidder Registration.

a registration form provided by the Department.

Department's registry. Bidders must regularly update the Department with any changes to the information contained in the registry. Failure to provide current information may result in the loss of bidding privileges.

102.2Bid Proposal Contents.

total cost, low bid, or the type of contract such as A+B or best value. The bid proposal will include addenda, special provisions, and any other specifications or requirements that vary from, or are not contained in, the standard specifications.

proposal. The plans, specifications, and other documents incorporated by reference in the bid proposal are part of the proposal whether attached or not.

102.3Bid Proposal Issuance.

online on the State bid Solicitation Directory. The website bid proposal is not valid for submitting bids and the website documents are marked as such. The Department provides a printed set of plans and specifications for viewing in the bidder’s room at the DelDOT administration building in Dover. The Department will provide a bid proposal to each prospective bidder. The Department reserves the right to refuse to issue a bid proposal to a bidder for any of the reasons stated in Section 102.12, Bidder Disqualification.

included by reference in the bid proposal. Bidders are responsible for checking the website as needed to ensure that addenda are included in the bid proposal. The Department will post the

final addendum no later than the end of the day 2 business days before the bid opening date. Enter each addenda number and date on the submitted certification form.

102.4Interpretation of Quantities in the Bid Proposal Form.

Department will pay for the actual quantities of work performed and accepted or for materials provided in a contract for materials only. The Department reserves the right to increase, decrease, or eliminate estimated quantities of work and materials.

is not a specialty item. If a bidder believes that a pay item should be designated as a specialty item, submit a written request to designate the pay item as a specialty item to the Department at business days prior to the bid opening date.

102.5Examination of Plans, Specifications, Bid Proposal, and Site of Work.

in the bid proposal before submitting a proposal. Assume responsibility for all site conditions that may affect bid pricing that a site investigation would have revealed. Failure to examine the site before submitting a proposal will constitute a waiver of all rights to additional time or money related to conditions a site investigation would have revealed. The Department will consider submission of a proposal as conclusive evidence that the bidder examined the bid documents and the requirements of the proposed contract and is aware of, and accepts, the conditions the bidder may encounter in performing the work.

inspection by bidders if the Department has performed such investigations. Understand that the Department obtained and used subsurface investigation information for Department design and estimating purposes only. The Department will make all the subsurface information that the Department has available to bidders, for information only. Documentation designated “for information only” is not part of the contract. Do not rely on documents designated “for information only” for bidding a project.

descriptions of the work unless the statements or representations are included or designated in the bid proposal. Oral explanations or instructions given before the bid are not binding on the Department and the contractor shall not rely on oral explanations or instructions in preparing a bid.

e-mail address listed in the bid proposal no less than 6 business days before the bid opening date. The Department will post responses to bidder questions periodically on Delaware’s bid solicitation directory website. The Department will post the final questions and answers no later than the end of the day two business days before the bid date. Enter the final posted date on the submitted certification form. All questions and answers posted by the Department on the website, are included in the contract by reference. The Department will provide the successful, awarded bidder with a hard copy of the final posted questions and answers.

102.6Proposal Preparation.

submit bids, provide both the electronic copy and a hard copy of the bid unless otherwise specified in the proposal. Detach the bid proposal forms from the bid proposal. Specify a unit price in figures for each pay item that contains a quantity. Show the total cost of each pay item by multiplying the unit price by the quantity. Enter the bid prices using the provided electronic media. In case of a discrepancy between the electronically printed unit prices and the electronically printed bid amount, the Department will use the electronically printed unit price. In case of a discrepancy between the unit prices contained on the approved electronic media and the unit prices on the hard copy generated by the electronic medium, the Department will use the hard copy unit prices.

single line through the figure the bidders want to change and handwriting the new unit price, and the new bid item total price, in ink. Initial each handwritten substitution.

submit the form with all required documents. A bidder’s representative, authorized to execute proposals for the bidder, shall sign the proposal in ink. Include the name and the office address of the individual signing the proposal as well as the following names and office addresses as applicable in the proposal: Type of Bidder Names and Office Addresses Required Individual individual Partnership each member of the partnership Joint venture each member or officer of firms represented in the joint venture Corporation corporation officer, corporate name, and corporate address

not transferable from one bidder to another. Unless otherwise provided in the proposal, the Department will not accept bids from joint ventures. Joint ventures may submit bids on bid proposals issued to the joint venture or to any one of the joint venture participants. Ensure that each member of the joint venture signs the bid proposal and follows each signature with the title "Joint Venturer."

102.7Irregular Proposals.

responsive for any of the following reasons if the bidder:

approved.

to follow the requirements.

fractions of one penny.

may be awarded.

initialed by the bidder.

for bids.

after the bid opening date; or

proposal DBE requirement.

102.8Proposal Guaranty.

form of financial security the bidder assigns to the Department. Bid securities include certified checks, cashier's checks, treasurer's checks, or other negotiable or transferable instruments evidencing an unconditional debt to the State or Department. Use the Department provided bond form. Provide a proposal guaranty equal to 10 percent of the total bid price. The bid bond does not need to cite a specific sum of money but does need to state that the bond equals 10 percent of the total bid price.

102.9Proposal Delivery.

Take appropriate measures to submit a bid.

the contract number and the bidder’s name and address. Deliver proposals before the bid deadline, and to the location specified, in the advertisement. The Department will return a bid received after the specified bid deadline unopened to the bidder. Deliver proposals to: Contract Administration, DelDOT Administration Building, 800 Bay Road, Dover DE, 19901.

102.10Proposal Withdrawals or Revisions

Department receives a request for withdrawal or revision in writing or in person along with proper identification. Provide verification that the written request comes from the bidder or that the individual making the request in person is authorized to do so. Make the request before the specified bid opening date.

proposals the low bidder submitted for other projects. If it is later determined that the low bidder’s proposal was unacceptable due to irregularities, the bidder cannot claim that a withdrawn bid should then be considered even if the withdrawn bid from another project was also an apparent low bid.

102.11Public Opening of Proposals

opening.

102.12Bidder Disqualification

for the following reasons:

Department.

payment (CN-91), release of contractor (CN-102), or release of subcontractors (CN-103) for a completed contract.

contract acceptance, or within 30 calendar days following the resolution of any contract claims, whichever is later.

102.13Proposal Rejection

The Department may reject a proposal for any of the following reasons:

corporation under the same or different name.

102.14Materials Guaranty

The contract may require the successful bidder to furnish a submittal that describes the origin, composition, and manufacture of materials the bidder plans to use in the contract, together with samples for Department testing, to ensure conformance with the contract.

102.15Non-Collusive Bidding Certification

certification.

revised price lists for proposal items.