BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 14 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.
2.Use the electronic proposal form in the Department’s bidding system.
102.10 Proposal Withdrawals or Revisions.
A.Bidders may withdraw or revise proposals after delivery to the Department, provided the Department receives a request for withdrawal or revision in writing or in person along with proper identification. Provide verification that the written request come s 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.
B.The Department will allow the apparent low bidder for a project to withdraw any other unopened 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later determined that the low bidder’s proposal was unacceptable due to irregularities, the bi dder cannot claim that a withdrawn bid should then be considered even if the withdrawn bid from another project was also an apparent low bid.
102.11 Public Opening of Proposals.
A.The Department will open and read proposals publicly at the location and time set for the opening.
102.12 Bidder Disqualification .
A.The Department may disqualify a bidder and reject future proposal submissions from the bidder for the following reasons:
1.The bidder defaulted on a previous contract.
2.The bidder received an unsatisfactory past performance evaluation documented by the Department.
3.The bidder failed to submit the required contract release documents, such as certification of payment (CN -91), release of contractor (CN -102), or release of subcontractors (CN -103) for a completed contract.
4.The bidder failed to sign a contract final change order for a completed contract.
B.Provide all releases within 90 calendar days after the date of the final change order or date of contract acceptance, or within 30 calendar days following the resolution of any contract claims, whichever is later. 102.1 3 Proposal Rejection. The Department may reject a proposal for any of the following reasons:
1.The bidder submitted more than one proposal for the same work from an individual, firm, or corporation under the same or different name.
2.The bidder colluded with other bidders.
3.The bidder is failing to meet its obligations on other Department contracts. BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 15 4. The bidder is failing to pay amounts due on other DelDOT contracts. 102.1 4 Materials 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. 102.1 5 Non -Collusive Bidding Certification.
A.Provide the signed non -collusive bidding certification form provided in the bid proposal.
B.The Department will not consider a proposal for award without the signed non -collusive bidding certification.
C.The Department does not consider bid collusion to include the following:
1.A bidder has published price lists, rates, or tariffs covering items in the proposal.
2.A bidder has informed prospective customers of proposed or pending publication of new or revised price lists for proposal items.
3.A bidder sold the same items to other customers at the same prices in the proposal. AWARD AND EXECUTION OF THE CONTRACT, SECTION 103 ESCROW -BID-DOCUMENTATION 16 SECTION 103 — AWARD AND EXECUTION OF THE CONTRACT; BID DOCUMENT ESCROW 103.1 Bid Consideration.
A.For projects awarded on the basis of a low bid, the Department will compare proposal prices based on the totals of the extended unit prices. The Department will post the bid tabulations after awarding the project. In the event of a discrepancy between unit prices and the extensions, the unit prices shall take precedence. The Department reserves the right to reject proposals, waive technicalities, reject all bids and advertise the project for rebidding, or reject all bids and not rebid the work. Maximum price provisions, noted elsewhere in the contract, may affect unit bid prices. In such cases, upon discovery of a discrepancy, the Department will adjust the unit bid price to conform to the maximum permissible bid price.
B.For projects not awarded on the basis of a low bid, the bid proposals will indicate what considerations the Department will use to select the successful bidder. 103.2 Contract Award. The Department will award the contract within 30 calendar days after opening proposals to the bidder that submits the lowest responsive bid. The Department will notify the successful bidder by letter, or by electronic means, of proposal acceptance and cont ract award. By mutual consent, the Department and the winning bidder may extend the 30 -day time limit for contract award. 103.3 Award Cancellation. The Department reserves the right to cancel the award of any contract before execution without liability. 103.4 Proposal Security Return. The Department will return proposal securities, except that of the successful bidder, upon contract award. In no event will the Department take any longer than 30 days after the bid opening date to return securities. The Department will return the successf ul bidder’s proposal security after the Department receives the required performance and payment bonds and the contract is executed. The Department will not return the proposal security of a successful bidder that later decides it wants to be released from the bid due to an alleged error in the proposal preparation. 103.5 Performance and Payment Bonds.
A.Provide a surety bond, or bonds, at the time of contract execution in a sum equal to 100 percent of the contract price. The bond is for the benefit of the Department, as well as for the use and benefit of Delaware’s Division of Revenue in the case of cl aims under this bond for taxes due to the State. Provide a bond issued by a corporate surety authorized to do business in Delaware.
B.Provide a bond conditioned upon the faithful compliance and performance of each and every term and condition of the contract, at the time and in the manner prescribed by the contract, including the payment in full to every person furnishing material or performing labor or services in the performance of the contract, and of all sums of money due for such labor, services, or material. Ensure that the bond contains the contractor's guarantee to indemnify and save harmless the State of Delaware, the Departme nt of Transportation, its secretary and all officers, agents, employees, assigns, and servants from all costs, damages, and expenses growing out of, or by reason of, the contractor's failure to comply with applicable laws and regulations and failure AWARD AND EXECUTION OF THE CONTRACT, SECTION 103 ESCROW -BID-DOCUMENTATION 17 to perform the work and complete the contract in accordance with the terms and conditions of the contract.
C.Ensure that the bond states that every person furnishing materials or performing labor for the contractor under the contract may maintain an action on the bond for its own use in the name of the State in any court of competent jurisdiction, for recovery of such sum or sums of money due the person from the contractor.
D.Obtain a release from the Division of Revenue on a form provided by the Department showing that all tax obligations are satisfied. Present this form to the Department as a condition for release of the bonds. 103.6 Bid Withdrawal. If, at any time after the bid opening date before execution of the contract by the Department, the contractor wants to withdraw its bid, submit a written request to the Department's contract administration section stating the reason for the withdrawal requ est. The Department reserves the right to accept or reject a contractor's request to withdraw a bid and to retain the proposal security in full or in part as liquidated damages. The Department may then proceed to the next lowest bidder or may reject all pr oposals and re -advertise the work. 103.7 Contract Execution and Approval; Proof of Insurance.
A.Return the signed contract and contract bonds to the Department within 20 calendar days after the notice of award. If the Department has not executed the contract within 15 calendar days following receipt of the signed contract and bonds, the contractor has the right to withdraw the bid without penalty or liability.
B.If the successful bidder is not a Delaware corporation, provide proof of compliance with the requirements of Subchapter XVI of Title 8 of the Delaware Code, and as further amended at the time of bid.
C.Maintain insurance in compliance with the requirements of Sections 2502 and 2503, Title 18 of the Delaware Code. Provide a certificate of insurance to the Department before contract execution. Provide coverage for additional insureds if required by the contract. The Department will not execute the contract until the contractor provides acceptable proof of insurance. 103.8 Failure to Execute a Contract. The Department will consider failure by the contractor to execute the contract and provide an acceptable bond within 20 calendar days after the notice of award as a revocation of the notice of award and a forfeiture of the proposal security to the Departme nt. The Department may then award the contract to the next lowest bidder or the Department may re -advertise the project. 103.9 Escrow of Bid Documentation.
A.The successful bidder shall submit legible copies of the bid documentation described in this section if required by the bid proposal.
B.Escrow will preserve the contractor’s bid documents for joint use by the contractor and the engineer in resolving disputes and claims and for use in arbitration proceedings, litigation, or negotiations arising from this contract. AWARD AND EXECUTION OF THE CONTRACT, SECTION 103 ESCROW -BID-DOCUMENTATION 18 C. Before contract execution, submit bid documentation in a sealed container to the Department. Clearly mark the container “Bid Documentation” and label the container with the contractor’s name, address, date of submittal, the contract number, and the bid proposal title. The Department and the contractor will jointly deliver the sealed container and an affidavit, in accordance with Section 103. 9.C.4 ., to a banking institution or other bonded document storage facility selected by the Department for placement in a safety deposit box, vault, or other secure accommodation. The escrowed bid documents will remain in escrow subject to the terms of this section until all of the following have occurred:
1.180 days have elapsed since the date of final acceptance.
2.The Department and the contractor have resolved all disputes arising from, or related to, the contract; and
3.The Department made the final payment for the project, which the contractor accepted.
4.Submit an affidavit on a form provided by the Department, signed under oath by a contractor representative authorized to execute proposals, listing each bid document submitted by author, date, nature, and subject matter. List all the documents the contr actor relied upon in preparing the proposal. Ensure that the affidavit states the person signing the document has personally examined the bid documentation and that all bid documentation is included in the sealed container submitted to the Department. Incl ude the signed affidavit with the sealed container.
5.The contractor represents and warrants that the escrowed bid documents provided with the proposal constitute all of the information used in preparation of the contractor’s proposal. The contractor shall agree that the Department will not consider any ot her proposal preparation information in resolving disputes or claims. The contractor also shall agree that the escrowed bid documents are not part of the contract and that nothing in the escrowed bid documents changes or modifies the contract.
6.The escrowed bid documents shall itemize the estimated costs of performing each aspect of the work required by the contract documents. Separate all work into sub -items as required to present a complete and detailed estimate of all costs. The documents s hall provide the detail of:
a.All labor including direct labor and repair labor;
b.equipment and equipment ownership;
c.material quantities including expendable and permanent material; and
d.subcontract costs.
7.Provide documents that identify allocations of plant and equipment, indirect costs, contingencies, markup, and other items to each direct cost item. Include all assumptions, quantity takeoffs, production rates and progress calculations, quotes from subc ontractors and suppliers, memoranda, narratives, and all other information used by the contractor to arrive at the bid price for the contract.
8.Submit the escrowed bid documents in the format used to prepare the proposal.
9.The Department may require all documentation used to prepare pricing for extra work that occurs during performance of the contract. The Department will request the documents in writing and the contractor and engineer will place the additional documents in the sealed container held in escrow. The requirements of this specification apply to all documentation supporting pricing for extra work. AWARD AND EXECUTION OF THE CONTRACT, SECTION 103 ESCROW -BID-DOCUMENTATION 19 10. The escrowed bid documents are intended for joint review by the Department and the contractor to resolve disputes and negotiate contract changes. The Department may review all or any part of the escrowed bid documents in the event of a dispute. The Dep artment is entitled to make and retain copies of escrow documents, provided that the Department executes a confidentiality agreement specifying that the Department will keep all proprietary information contained in the copied documents confidential. The De partment will deliver the confidentiality agreement to the contractor. The Department’s confidentiality agreement will state that the Department will distribute copied documents only to the Department’s agents, attorneys, auditors, and experts aiding the D epartment in resolving the dispute. The Department will return all original and copied documents to the escrow depository upon resolution of the dispute. The foregoing will not limit the Department’s litigation discovery rights with respect to such documen ts.
11.The escrowed bid documents are the contractor’s property and are only subject to the Department’s right to review as provided in these specifications. The Department acknowledges that the escrowed bid documents constitute trade secrets or proprietary i nformation. The Department further acknowledges that the contractor expended money in developing the information included in the escrowed bid documents and that it would be difficult for a competitor to replicate the information contained therein. The Depa rtment acknowledges that the contractor’s provision of the escrowed bid documents only occurs because providing the documents is a prerequisite to executing a contract.
12.Failure to provide bid documentation will render the proposal non -responsive and the contractor shall forfeit the proposal guaranty in accordance with Section 103.8 , Failure to Execute a Contract . The Department will review the escrowed bid documents to determine if the documents are complete. If the Department discovers that documentation is missing, the Department will request in writing that the contractor provide the missing documents. Provide the requested documents within 3 business days of the De partment’s request. The Department will date stamp the documents received and will label the documents as supplementary material added to the escrowed bid documents. The contractor shall have no right to add documents to the escrowed bid documents except u pon the Department’s request.
13.The Department considers the cost for complying with this section incidental to the contract. The Department will bear the storage costs for the documents. The Department will provide escrow instructions to the document depository consistent with this section. SCOPE OF WORK SECTION 104 20 SECTION 104 — SCOPE OF WORK 104.1 Intent of the Contract. The intent of the contract is to provide for the construction and completion of the work. 104.2 Contract Changes.
A.General.
1.The contract is not modified, altered, or otherwise changed by any oral promise, statement, or representation made either by the Department or the contractor, unless such modification, alteration, or change is reduced to writing in accordance with the contract.
2.The Department reserves the right to change the contract at any time before the contractor’s acceptance of the final estimate. After the contractor’s acceptance of the final estimate, the Department may only change the contract based on the results of a n audit performed in accordance with Section 107.15 , Audits .
3.Changes do not invalidate the contract or release the surety and the contractor agrees to perform the work as changed.
4.Proceed with a change only after receiving written direction from the engineer.
5.If the contractor believes it has encountered a change in accordance with Section s 104.2.B, Significant Changes in the Character of Work, 104.2.C, Differing Site Conditions, 104.2.D, Suspensions of Work Ordered by the Engineer, 104.2.E, Extra Work, or 104.2.F, Eliminated Items, provide notice as required by these clauses and as required by Section 104.3 , Notification of Contract Changes .
6.Failure to provide notice as specified by these clauses is a waiver of the contractor’s entitlement to an increase in the contract price or contract time.
7.If the contractor complies with the notice requirements of these clauses and the engineer determines that there is a change, the Department will compensate the contractor for the change in accordance with Section 109.4 , Compensation for Changes, and provide a time extension in accordance with Section 108.7 , Extensions of Contract Time .
8.In Sections 104.2.B, Significant Changes in the Character of Work, 104.2.C, Differing Site Conditions, and 104.2.D, Suspensions of Work Ordered by the Engineer, the term “adjustment” means compensation in accordance with Section 109.4 , Compensation for Changes, and the granting of a time extension in accordance with Section 108.7 , Extensions of Contract Time .
B.Significant Changes in the Character of Work.
1.The Department reserves the right to make, in writing, at any time before the contractor’s acceptance of the final estimate, changes in quantities and alterations to the work as are necessary to satisfactorily complete the project. After the contractor’ s acceptance of the final estimate, the Department may only make changes in the quantities and alternations in the work based on the results of an audit performed in accordance with Section 107.15 , Audits . Changes in quantities and alterations will not inv alidate the contract or release the surety, and the contractor agrees to perform the work as altered.
2.The Department will make a contract adjustment, excluding anticipated profit, for alterations or changes in quantities that significantly change the character of the work or that cause other SCOPE OF WORK SECTION 104 21 work to become significantly different in character. The Department and the contractor shall agree on the basis for the adjustment before the contractor performs the work. If the Department and the contractor cannot agree on a basis for the adjustment, the Department will make an adjustment either for or against the contractor in accordance with Section s 109.4 , Compensation for Changes, and 108.7 , Extensions for Contract Time .
3.If the alterations or changes in quantities do not significantly change the character of the work, the Department will pay for the altered work as provided elsewhere in the contract.
4.The Department will apply the term “significant change” only to the following circumstances:
a.When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
b.When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original pay item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
c.When a specialty item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in exc ess of 125 percent of original pay item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
C.Differing Site Conditions.
1.During the progress of the work, if the Department or the contractor encounters subsurface or latent physical conditions at the site differing materially from those indicated in the contract or unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the party discovering the conditions shall promptly notify the other party in accordance with Section 104.3 , Notification of Contra ct Changes, of the specific differing conditions before the site is disturbed and before the affected work is performed.
2.Upon receipt of the notice provided in accordance with Section 104.3, Notification of Contract Changes, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, the Department will make an adju stment, excluding anticipated profits, and will modify the contract in writing accordingly. The engineer will notify the contractor of the determinati on whether or not an adjustment is warranted.
3.The Department will make no contract adjustment that results in a benefit to the contractor unless the contractor provided the required notice in accordance with Section 104.3 , Notification of Contract Changes .
D.Suspensions of Work Ordered by the Engineer.
1.If the Department suspends or delays performance of all or any portion of the work in writing for an unreasonable period of time not originally anticipated, customary, or inherent to the construction industry and the contractor believes that additional compensation or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer notice in accordance with Section 104.3 , Notification of Contract Changes . The contractor shall then SCOPE OF WORK SECTION 104 22 submit a request for adjustment within 7 calendar days after receiving the notice to resume work. The contractor’s request shall set forth the reasons and support for the adjustment.
2.Upon receipt of notice, the engineer will evaluate the contractor’s request. If the engineer agrees that the cost or time required for contract performance increased as a result of a suspension, and the suspension is excusable and compensable in accordance with Section 108.7, Extensions of Contract Time, the engineer will make an adjustment, excluding profit, and will modify the contract in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment is w arranted.
3.The Department will make no contract adjustment unless the contractor submitted notice of the suspension in accordance with Section 104.3 , Notification of Contract Changes, and submitted a request for adjustment within 7 calendar days of receipt of the notice to resume work.
4.The Department will make no contract adjustment under this clause to the extent that the suspension or delay resulted from any other cause or for which an adjustment is provided or excluded under any other term or condition of the contract.
E.Extra Work.
1.The engineer may direct the contractor to perform extra work. Extra work is work added to the contract for which there is no pay item.
2.The Department will pay for extra work in accordance with Section 109.4 , Compensation for Changes, and will provide a time extension for this work in accordance with Section 108.7 , Extensions of Contract Time .
F.Eliminated Items.
1.Should the Department find a pay item unnecessary for completion of the work, the engineer may eliminate the item from the contract.
2.If the contractor completed a portion of the work associated with an eliminated pay item, before the Department eliminated the item, the Department will reimburse the contractor for the completed work as follows:
a.For completed quantities of work, the Department will pay the contractor for each unit of completed work at the contract unit price. If the eliminated pay item is a major item and the reduction in quantity results in a significant change in the characte r of the work as defined in Section 104.2.B., Significant Changes in the Character of Work, the Department will pay the contractor for each unit of completed work in accordance with Section 104.2.B , Significant Changes in the Character of Work .
b.For partially completed work, the Department will reimburse the contractor for the partially completed work in accordance with Section 109.4 , Compensation for Changes .
c.Materials the Department paid for will become the Department’s property.
3.The contractor is not entitled to reimbursement for an eliminated pay item in excess of 75 percent of the bid amount for the pay item. The only exception to this limit is when the documented material costs alone exceed 75 percent of the bid amount of the eliminated pay item. If this occurs, then the contractor is entitled to the documented material cost but not entitled to reimbursement for an eliminated pay item in excess of 95 percent of the bid amount for the pay item. The material remains the propert y of the Department and will be delivered to the Department’s district maintenance yard .
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 24–32 of 779.