2PROPOSAL REQUIREMENTS AND CONDITIONS

SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS

2-1Prequalification of Bidders

Except as noted below, prequalify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of Bidders under separate cover. The Department does not require the Bidder to be a prequalified Contractor if bidding construction contracts of $250,000 or less, or if constructing buildings. In addition, at its sole discretion, the Department may waive prequalification requirements on contracts of $500,000 or less. For construction contracts requiring prequalificati on, file an application for qualification using the Department ’s online prequalification application system , giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the D epartment will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the prequalified Bidder to have under contract at any one time. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following:

public building o r public work.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, s ubcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in the date of placement on the convicted vendor list. All prequalified Contractors bidding on any Contract must certify their total dollar amount of Work Underway and submit Form 375 -020-39 or a spreadsheet in a similar format prior to submitting a bi d. This information must be submitted at least once during the month the bid is due via the “Work Underway” link in the Contractor Pre -Qualification System.

2-2Proposals

2-2.1Obtaining Proposal Forms: Obtain Proposal Forms under the conditions

stipulated in the Advertisement. The Advertisement states the location and description of the work to be performed; the estimate of the various quantities (if applicable); the pay items of work to be performed (if applicable); the Contract Time; the amount of Proposal Guaranty; and the date, time, and place of the opening of Proposals. The Plans, Specifications and other documents designated in the Advertisement are part of the Proposal, whether attached or not. Upon advertising , the Department will make the Proposal Forms available for download as an electronic file from the Online Ordering System o r provide the Proposal Forms on portable electronic media as stipulated in the Advertisement . This file contains the information to be used by the Bidder , who has ordered and obtained the Proposal Forms , to submit the Proposal. FY 2023-24 Return to Table of Contents The Department is not responsible for loss of or damage to the portable electronic media after it has been received by or delivered to the Bidder. If loss or damage occurs, the Bidder may order replacement Proposal Forms . If the Bidder requests replacement Proposal Forms, the Department will attempt to provide the replacement by overnight delivery or by electronic transmittal of the files. The Department will not be held responsible if the Bidder cannot complete and submit a bid due to failure or incomplete delivery of the files. Unless otherwise indicated in the Advertisement, the Bidder has the option to submit a bid either as an Internet Bid Submittal in accordance with 2 -2.3 or as a Hard Copy Bid Submittal in accordance with 2 -2.4. When an Internet bid submittal is used, the hard copy will not be considered.

2-2.2Department Modifications to Contract Documents: Notification of

modifications to any Contra ct Documents will be posted on the Department’s website at the following URL address: https://www.fdot.gov/contracts/Lettings/Letting_Project_Info.shtm and will also be transmitted to the Bidder . The email address provided by the Bidder at the time of registration for Online Ordering will be used to transmit notification of modifications. Follow the instructions provided in the notification of modifications to access the amendment files. The Bidder shall take responsibility for downloading the revised information per the instructions included in the notification of modifications .

2-2.3Internet Bid Submittals: Unless otherwise indicated in the Advertisement, the

Bidder shall use the Department’s bid software to prepare a bid for Internet submittal. The Department will accept, as the official bid, the set of Proposal Forms generated from the Department’s bid software along with a complete Proposal package, submitted via the Internet in accordance with 2 -5 and 2-8. A Digital ID is required to submit a bid via the Internet. Digital IDs may be obtained as outlined in the Advertisement. The Department will not be responsible for an y communications or machine breakdowns, transmission interruptions, delays, or any other problems that interfere with the receipt of Proposals as required above either at the Bidder’s transmitting location, at the Department’s receiving location, or anywhe re between these locations. Receipt or non -receipt of Proposals will not be considered grounds for a bid protest. The Department will not be held responsible if the Bidder cannot complete or submit a bid due to failure or incomplete delivery of the filess ubmitted via the Internet.

2-2.4Hard Copy Bid Submittals: Unless otherwise indicated in the Advertisement, the

Bidder shall use the Department’s bid software to prepare a bid for hard copy submittal. The Department will accept, as the official bid, this set of Proposal Forms generated from the Department’s bid software along with a complete Proposal package, delivered to the Department in hard copy in accordance with the instructions listed below and the requirements of 2 -5 and 2-8. Print and submit b id item sheets generated from the Department’s bid software on letter size paper. Ensure that all computer generated sheets are legible. Do not submit computer generated sheets using a font size smaller than 9 point. Return the Department’s bid software generated Proposal as the official bid , with the Proposal labeled with the Bidder’s Name, Vendor Number, Letting Date, Revision Date (if applicable) and the Proposal ID. FY 2023-24 Return to Table of Contents

2-3Interpretation of Estimated Quantities

2-3.1Lump Sum Contracts: The Bidder is responsible for the determination of the

quantities for those items constructed within the authorized plan limits or dimensions. The Department does not assume any responsibility for any incidental information in bid documents that may be construed as a quantity of work and/or materials.

2-3.2Contracts other than Lump Sum: For those items constructed within authorized

plan limits or dimensions, use the quantities shown in the Plans and in the Proposal Form as the basis of the bid. The Department willal so use these quantities for final payment as limited by the provisions for the individual items. For those items having variable final pay quantities that are dependent on actual field conditions, use and measurement, the quantities shown in the Plans and in the Proposal Form are approximate and provide only a basis for calculating the bid upon which the Department will award the Contract. Where items are listed for payment as lump sum units and the Plans show estimates of component quantities, the Departme nt is responsible for the accuracy of those quantities limited to the provisions of 9 -3.3. Where items are listed for payment as lump sum units and the Plans do not show estimates of component quantities, the Bidder is solely responsible for their own estimates of such quantities. The Department may increase, decrease, or omit the estimated quantities of work to be done or materials to be furnished.

2-4Examination of Plans, Specifications, Special Provisions , and Site of Work

Examine the Contract Docum ents and the site of the proposed work carefully before submitting a Proposal for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents. The Department does not guarantee the details pertaining to borings, and pavement cores as shown in the Contract Documents , to be more than a general indication of the materials likely to be found adjacent t o holes bored at the site of the work, approximately at the locations indicated. The Bidder shall examine boring and pavement core data, where available, and make their own interpretation of the subsoil investigations and other preliminary data and shall base their bid solely on their own opinion of the conditions likely to be encountered. The Bidder’s submission of a Proposal is prima facie evidence that the Bidder has made an examination as described in this Article.

2-5Preparation of Proposals

2-5.1General: Submit Proposals on the Proposal F orm described in 2 -2. Any pay item

that will be provided free or at no cost to the Department shall be indicated as “free” or “$.00”. If the pay item is left blank or n/a is used, the bid may be declared irregular . Show the total of the bid on the face of the Proposal.

2-5.2Internet Bid Submittals: The Bidder shall execute the Proposal under the Bidder’s

Digital ID and enter the firm’s bidding office street address on the Bidders Information Tab in the Department ’s bid software. This Digital ID represents the firm as an individual, partnership, corporation, limited liability company, or joint venture. By entering and submitting the Digital ID the authorized parties obligate the firm to the bid. Internet Bid Submittals must ackno wledge, on behalf of, the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or othe rwise taken any action in restraint of free FY 2023-24 Return to Table of Contents competitive bidding in connection with the submitted bid, by indicating such in the Proposal. The Department will not consider any bid unless such acknowledgment is included.

2-5.3Hard Copy Bid Submittals: If the Proposal is made by an individual, either in the

Bidder’s own proper person or under a trade or firm name, the Bidder shall execute the Proposal under the Bidder’s signature and enter the firm’s bidding office street address. If the Proposal is made by a partnership, execute the Proposal by setting out in full the names of the partners, the firm name of the partnership, if any, have two or more of the general partners or authorized person sign the Proposal and enter the firm’s bidding office street addre ss. If the Proposal is made by a corporation, execute the Proposal by setting out in full the corporate name and have the president or other legally authorized corporate officer or agent sign the Proposal, affix the corporate seal and enter the corporation ’s bidding office street address. If the Proposal is made by a limited liability company, execute the Proposal by setting out the company name, have the manager or authorized member sign the Proposal and enter the company’s bidding office

address. If the Proposal is made by a joint venture, execute the Proposal by setting out the joint

venture name, have the authorized parties sign the Proposal and enter the bidding office’s street

address. File with the Department Form 375-020-08, contained in the Proposal, which includes

an unsworn statement executed by, or on behalf of, the person, firm, association, or corporation

submitting the bid certifying that such person, firm, association, or corporation has not, either

directly or indirectly, entered into any agreement, participated in any collusion, or otherwise

taken any action in restraint of free competitive bidding in connection with the submitted bid.

The Department will not consider any bid unless such form is properly completed in accordance

with the requirements shown thereon.

2-6Rejection of Irregular Proposals

A Proposal is irregular and the Department may reject such Proposal if the Proposal

shows omissions, alterations of form, additions not specified or required, conditional or

unauthorized alternate bids, or irregularities of any kind; or if the unit prices are obviously

unbalanced, or if the cost is in excess of or below the reasonable cost analysis values, or if the

Bidder submits a Proposal which was not generated using the Department’s bid software.

When the Department provides for alternate bids in the Proposal Form, make only one

entry for each alternate. A Proposal that provides for alternative bids is irregular and the

Department may reject such Proposal if the Bidder makes entries for more than one alternate.

2-7Guaranty to Accompany Proposals

The Department will not consider any Proposal unless accompanied by a Proposal

Guaranty of the character and amount indicated in the Advertisement, and unless made payable

to the Florida Department of Transportation. Submit the Proposal with the understanding that the

successful Bidder shall furnish a Contract Bond pursuant to the requirements of 3-5.

The Bidder’s Proposal Guaranty is binding for all projects included in the Contract

awarded to the Contractor pursuant to the provisions of this Subarticle.

2-8Delivery of Proposals

2-8.1Internet Bid Submittals: Unless otherwise indicated in the Advertisement, the

Proposal may be submitted via the Internet. The Department will not accept responsibility for

Internet bids not meeting the time requirement stipulated in the Advertisement.

2-8.2Hard Copy Bid Submittals: Unless otherwise indicated in the Advertisement, the

Proposal may be submitted via hard copy. Submit the Proposal in a sealed envelope, bearing on 13FY 2023-24Return to Table of Contents

the outside the name of the Bidder, the Bidder’s address, and the Proposal ID of the project for

which the Bidder submitted the bid. For Proposals that are submitted by mail, enclose the

Proposal in a sealed envelope, marked as directed above. Enclose the sealed envelope in a

second outer envelope addressed to the Department, at the place designated in the

Advertisement. For a Proposal that is not submitted by mail, deliver the Proposal to the Contracts

Office of the Department, or to the place as designated in the Advertisement. The Department

will not consider Proposals received after the time set for opening bids. The Department will

retain these Proposals unopened.

2-9Withdrawal or Revision of Proposals

2-9.1Internet Bid Submittals: A Bidder may withdraw a Proposal any time prior to the

bid submittal deadline specified in the Advertisement. The resubmission of any Proposal so

withdrawn must be made as a complete Proposal, subject to the provisions of 2-8.

A Bidder may revise a Proposal any time prior to the bid submittal deadline

specified in the Advertisement. Revisions may be made via Internet in accordance with 2-8.1 or

by fax in accordance with 2-9.2.

The Department will not be responsible for any communications or machine

breakdowns, transmission interruptions, delays, or any other problems that interfere with the

receipt of revisions to Proposals as required above either at the Bidder’s transmitting location, at

the Department’s receiving location, or anywhere between these locations. Receipt or non-

receipt of revisions to a Proposal will not be considered grounds for a bid protest. The

Department will not be held responsible if the Bidder cannot complete or submit revisions to a

bid due to failure or incomplete delivery of the files submitted via the Internet.

2-9.2Hard Copy Bid Submittals: A Bidder may withdraw or revise a Proposal after

submission, provided the Department receives a written request to withdraw or revise the

Proposal prior to the time set for opening of bids. The resubmission of any Proposal withdrawn

under this provision is subject to the provisions of 2-8.

Legible facsimile (FAX) Proposal changes will be accepted if received in full at

the fax number listed in the Bid Solicitation Notice by the time Proposals are due on the day of

the letting and provided that all of the following conditions are met:

on the original Proposal.

changed and the respective unit price change.

Company.

Faxed Proposal changes failing to meet all of these requirements will not be

considered and will not change the original bid.

The Department will not be responsible for any communications or fax machine

breakdowns, transmission interruptions, delays, or any other problems that interfere with the

receipt of faxed Proposal changes as required above either at the Bidder’s fax location, at the

Department’s fax location, or anywhere between these locations. Receipt or non-receipt of a

faxed Proposal change will not be considered grounds for a bid protest. 14FY 2023-24Return to Table of Contents

2-10Opening of Proposals

The Department will open and publicly announce Proposals at the time and place

indicated in the Advertisement. The Department invites Bidders, their authorized agents, and

other interested parties to attend.

2-11Disqualification of Bidders

The Department may disqualify any Bidder and reject the Bidder’s Proposal or Proposals

for any of the following reasons:

individual, firm, or corporation under the same or a different name.

for the same work.

participant in such collusion as a Bidder for any future work of the Department until the

Department reinstates such participant as a qualified Bidder.

could hinder or prevent the prompt completion of the proposed work.

contracts in force at the time of advertisement for bids.

Immigration and Nationality Act.

2-12Material, Samples and Statement

The Department may require that the Bidder furnish a statement of the origin,

composition, and manufacture of any and all materials to be used in the construction of the work,

together with samples that may be subjected to the tests provided for in these Specifications to

determine the materials’ quality and fitness for the work. 15FY 2023-24Return to Table of Contents SECTION 3 AWARD AND EXECUTION OF CONTRACT

3-1Consideration of Bids

For the purpose of award, after opening and reading the Proposals, the Department will consider as the bid the correct summation of each unit bid price multiplied by the estimated quantities shown in the Proposal. On this basis, the Department will compare the amounts of each bid and make the results of such com parison available to the public. Until the actual award of the Contract, however, the Department reserves the right to reject any or all Proposals and to waive technical errors that the Department determines, in its sole discretion, to be in the best interest of the State. The Department reserves the right to delete the bid portion of the utility relocation work from the Contract. When the Department deletes utility relocation work from the Contract, the Department will recalculate the Contract bid tabulations based on the remaining project quantities. In the event that the Department deletes utility relocation work from the Contract, the utility owner will relocate such utilities in accordance with the backup Utility Relocation Schedule contained in the C ontract Documents.

3-2Award of Contract

3-2.1General: If the Department decides to award the Contract, the Department will

award the Contract to the lowest responsi ble Bidder whose Proposal complies with all the Contract Document requirements. If awarded, the Department will award the Contract within 50 days after the opening of the Proposals, unless the Special Provisions change this time limit , or the Bidder and the Department extend the time period by mutual consent. Prior to award of the Contract by the Department, the Bidder must provide proof of authorization to conduct business in the State of Florida.

3-2.2Bids Exceeding Bidder’s Maximum Capacity Rating: Prior to award of the

Contract, t he Department will address bids exceeding a Bidder’s maximum capacity rating, and the resulting impact on the Bidder’s qualification to bid, in accordance with Florida Administrative Code Rules 14 -22.003 and 14-22.009.

3-3Cancellation of Award

The Department reserves the right to cancel the award of any Contract at any time before the execution of the Contract by all parties, with no compensation due any of the Bidders.

3-4Release of Proposal Guaranty

The Department will release all Proposal Guaranties except those of the two lowest responsible Bidders imm ediately following the opening and checking of the Proposals. The Department will immediately release the Proposal Guaranty of the two lowest responsible Bidders after the successful Bidder delivers the executed Contract and a satisfactory Contract Bond to the Department, except that the Department will not retain the Proposal Guaranty of the next-to-lowest responsible Bidder longer than 50 days after the opening of the Proposals unless the Department awards the Contract to the next lowest responsible Bidder prior to the expiration of this time limit. FY 2023-24 Return to Table of Contents