BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 10 SECTION 102 — BIDDING REQUIREMENTS AND CONDITIONS 102.1 Bidder Registration.
A.The Department requires bidders to register before submitting a proposal. Register by completing a registration form provided by the Department.
B.Upon receipt of the registration, the Department will list the prospective bidder on the Department's registry. Bidders must regularly update the Department with any changes to the information contained in the registry. Failure to provide current inform ation may result in the loss of bidding privileges. 102.2 Bid Proposal Contents.
A.The bid proposal will contain the:
1.location and description of the work;
2.estimate of the various pay item quantities;
3.work the contractor shall perform;
4.materials the contractor shall furnish;
5.schedule of pay items for the bidders to price;
6.contract time;
7.amount of the required proposal guaranty; and
8.date, time, and place of the bid opening date.
B.The bid proposal will describe the type of bid award. The Department may base the bid award on 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 specification s or requirements that vary from, or are not contained in, the standard specifications.
C.The Department considers all papers bound with, or attached to, the bid proposal as part of the proposal. The plans, specifications, and other documents incorporated by reference in the bid proposal are part of the proposal whether attached or not. 102.3 Bid Proposal Issuance.
A.Contact the Department to receive the bid proposal in electronic format.
B.The Department will not provide printed bid proposals. The Department will post the bid proposal 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 refus e to issue a bid proposal to a bidder for any of the reasons stated in
C.The Department will post all addenda online on the State’s bid solicitation directory. Addenda are 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 propo sal. The Department will post the BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 11 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. 102.4 Interpretation of Quantities in the Bid Proposal Form.
A.The quantities appearing in the bid proposal form are estimates used for the bid comparison. The 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.
B.The Department will identify specialty items in the contract. If it is not so identified, then the item 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 6 business days prior to the bid opening date. 102.5 Examination of Plans, Specifications, Bid Proposal, and Site of Work.
A.Examine the site of the proposed work, the bid proposal, and all items designated and referenced 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.
B.The Department will provide boring logs and other records of subsurface investigations for inspection by bidders if the Department has performed such investigations. Understand that the Department obtained and used subsurface investigation information f or 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 n ot rely on documents designated “for information only” for bidding a project.
C.The Department is not bound by any statements or representations concerning site conditions or descriptions of the work unless the statements or representations are included or designated in the bid proposal. Oral explanations or instructions given befo re the bid are not binding on the Department and the contractor shall not rely on oral explanations or instructions in preparing a bid.
D.If bidders have questions about the bid proposal, submit questions in writing to the Department’s 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. BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 12 102.6 Proposal Preparation.
A.Submit the proposal as specified in the bid proposal. When using approved electronic media to 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. Spe cify 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 elec tronically 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.
B.Bidders may make last minute substitutions of unit prices on the bid proposal forms by striking a 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 handwr itten substitution.
C.Acknowledge all bid proposal addenda on the certification form provided by the Department and 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
D.Bid proposals, bid proposal forms, and approved electronic media are serially numbered and are not transferable from one bidder to another. Unless otherwise provided in the proposal, the Department will not accept bids from joint ventures. Joint venture s 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." 102.7 Irregular Proposals.
A.The Department will consider proposals as irregular and will reject the proposals as non - responsive for any of the following reasons if the bidder:
1.Submits proposals on a form or computer -generated format that the Department has not approved.
2.Alters an approved form.
3.Detaches any part of the approved form.
4.Submits an incomplete form. BIDDING REQUIREMENTS AND CONDITIONS SECTION 102 13 5. Includes unauthorized additions.
6.Handwrites between printed lines.
7.Adds bid conditions.
8.Includes proposal additions not anticipated or spelled out in the contract.
9.Provides an indefinite proposal by removing bidder commitments.
10.Adds wording or phrases that make the submittal appear unclear as to the intent of the bidder to follow the requirements.
11.Specifies a unit price of zero or fails to provide a unit price for every bid item indicated.
12.Submits a proposal with a unit price or proposal price using more than 2 decimals showing fractions of one penny.
13.Did not provide the bid documentation in a sealed container.
14.Submits a materially or mathematically unbalanced proposal.
15.Provides any handwritten substitutions of any unit prices that are not readable or are not initialed by the bidder.
16.Fails to provide a proposal guaranty.
17.Fails to sign the non -collusive bidding certification.
18.Fails to provide a proposal that complies with any other material requirements of the invitation for bids.
B.The Department will consider bids non -responsive if the bidder fails to:
1.Provide DBE information at the time of bid;
2.present written and notarized assurance that the bidder will meet the contract DBE goals; and
3.present written copies of all DBE bid commitments within the required number of calendar days after the bid opening date; or
4.include good faith effort documentation in proposals where the bidder does not meet the proposal DBE requirement. 102.8 Proposal Guaranty.
A.Provide either a bid bond from a corporate surety authorized to do business in Delaware or some form of financial security the bidder assigns to the Department. Bid securities include certified checks, cashier's checks, treasurer's checks, or other nego tiable 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. 102.9 Proposal Delivery. Take appropriate measures to submit a bid.
1.Place proposals in a sealed envelope and mark the envelope to indicate its contents by including the contract number and the bidder’s name and address. Deliver proposals before the bid 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.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 20–24 of 779.