102Bidding Requirements and Conditions

102.01Prequalification of Bidders

Before submitting a bid in excess of $2,000,000, the Bidder shall have been prequalified with the Department and received a Certificate of Qualification in accordance with the Rules and Regulations approved and adopted by the State Transportation Board. Bidders submitting bids of $2,000,000 or less shall have been registered with the Department. In addition, the aggregate total amount a Bidder may have under contract shall not exceed the Current Capacity of the Bidder. Bidders intending to consistently submit Proposals shall prequalify at least once every two years. However, qualifications may be changed during that period upon the submission of additional favorable reports or upon unsatisfactory performance. In addition, the Department reserves the right at any time to require the Contractor to furnish a current financial and experience statement.

102.02Competency of Bidders

The Department may limit the amount of work awarded to any Contractor, based on the information furnished the Department in the Prequalification process. The Department may also limit the aggregate amount of work awarded to any non-prequalified Contractor. The Department may refuse any Contractor Proposals to bid on additional work if the Contractor is behind schedule on work he has with the Department, as determined from the Progress Schedule called for in the Specifications. This refusal will apply to all applications for Proposals, made in the name of an individual, firm, partnership, or corporation with which the delinquent Contractor is affiliated.

102.03Contents of Proposal Forms

The Department will make available to the prospective Bidder a Void for Bidding Proposal Form which may be accessed on the Office of Construction Bidding Administration web page. This form will state the location and description of the contemplated construction and will show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished and will have a schedule of Items for which Unit Bid prices are invited. The Proposal Form will state the time in which The Work must be completed, the amount of the Proposal Guaranty, and the date of the opening of Proposals. The Form will also include any Special Provisions or requirements that vary from or are not contained in the Specifications. Also included with each Proposal Form will be a Non- Collusion Certificate, Construction Contractors Bid Opportunity List, and Request for Eligibility to Bid. All papers contained in the Proposal Form are considered a part thereof and must not be detached or altered. The Plans, Specifications, and other documents designated in the Proposal Form will be considered a part of the Proposal whether attached or not.

102.04Interpretation of Estimates

The quantities of work to be performed and materials to be furnished to complete the construction of The Work as shown on the Plans and contained in the Proposal are approximate and are to be used for comparing Bids. The Department does not guarantee that the quantities indicated on the Plans or given in the Proposal will be the actual construction quantities. The Contractor shall not plead deception or misunderstanding because of variation from these quantities or minor variations from the locations, or character of the Work. Payment to the Contractor will be made only for the actual quantities of work performed in accordance with the Plans and Specifications. If, when construction is completed, the actual quantities are more or less than the quantities given in the Proposal, the Unit Prices Bid in the Proposal will still prevail, except as otherwise provided in Subsection 104.03 and Subsection 109.05.

102.05Examination of Plans, Specifications, Special P rovisions, and Site of the Work

The Bidder is expected to examine carefully 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 shall be considered prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing The Work and as to the requirements of the Plans, Specifications, Supplemental Specifications, Special Provisions, and Contract. It is the obligation of th e Bidders to make their own interpretation of all subsurface data that may be available as to the nature and extent of the materials to be excavated, graded, or driven through. Such information, if available and furnished to the Bidders by the Department, does not in any way guarantee the amount or nature of the material which may be encountered.

102.06Preparation of Proposal

The Bidder shall submit its Proposal on the form furnished by the Department (GDOT). The blank spaces on the Proposal shall be filled in correctly for each Pay Item (except alternate items) and input the Unit Price or a Lump Sum Price as called for in the Proposal for each Pay Item listed therein. In addition, the Bidder shall also show the products of the respective Unit Prices and quantities and the total amount of the Bid by adding the amounts of all Bid Items. In the event of a discrepancy in any of the figures, the Unit Price will govern, and the Bid will be recalculated. In the case of Alternate items, Unit Prices shall be entered for only one alternate. The Non-Collusion Certificate on the Department’s standard form included in the Proposal shall be executed. The Certificate of Current Capacity shall be executed under oath and substantiated by the report of Status of Contracts on Hand. The Construction Contractors Bid Opportunity List standard form shall be completed with the required information. The Georgia Security and Immigration Compliance Act Affidavit shall be completed with the required information. The Bidder shall notify the GDOT Office of Construction Bidding Administration by transmitting the completed Request for Eligibility to Bid Form D. O. T. RFETB for each Letting Call Order Number in which the Bidder intends to submit a bid by no later than 12:00 p.m. the day preceding the letting. T he Bidder’s Proposal shall be signed by Digital Signature by the individual, by one or more members of a partnership, or by one or more of the officers of a corporation, whichever is applicable. In the event of a joint venture, the Proposal shall be signed by Digital Signature by each individual involved, by each partnership through one or more of its members, or by each corporation through one or more officers of the corporation, whichever is applicable. Proposals not properly signed may be disqualified and rejected. All bids shall be submitted using the GDOT/AASHTO (American Association of State Highway and Transportation Officials) AASHTOWare Project Bids™ Bid Component (Project Bids) software. When submitting a bid electronically, the Bidder’s Proposal shall consist of the Bid pages generated by the Project Bids software including the General page, Schedul e of Items page, Disadvantaged Business Enterprise (DBE) List page (if applicable), Certifications FE page and the Bid Bond page. By submitting a bid electronically, the Bidder acknowledges all requirements included in the proposal, amendments, plans, Standard Specifications, Supplemental Specifications, and Special Provisions are a part of the Bid and Contract.

The electronic bid shall be submitted by the following method:

(Note: The Bidder shall secure an account and a valid Digital ID from Bid Express™ (www.bidx.com) in order to use this method. Instructions for preparing and submitting bids by this method are as follows:

Construction Bidding Administration website at http://www.dot.ga.gov/PS/Business/Contractors.

AASHTOWare Project Bid™ software.

intended bid for that item.

and assure there are no errors prior to submitting the electronic bid. The electronic bid may be changed and resubmitted electronically to Bid Express™ as many times as desired prior to the advertised cutoff time specified in the Notice to Contractors. The last bid submitted for a given Letting Call Order Number prior to the cutoff time will be the Bid.

Express™ and/or Bid Express™ is unable to submit the bid(s) to the Department. The Department reserves the right to postpone the public reading of bids in the event of technical difficulties.

A fully executed Proposal Guaranty and Power of Attorney for each Letting Call Order Number bid shall be submitted and verified via the Internet and Bid Express™ by the time and date set in the Notice to Contractors for submission of Proposals. The Proposal Guaranty for a “Joint Bid” shall include the names of all Joint Venture parties involved in the bid.

102.07Rejection of Proposals

Proposals may be rejected as irregular if their consideration is conditioned upon the acceptance or rejection of other Proposals submitted by the same Bidder, if the Georgia Security and Immigration Compliance Act Affidavit is not completed, if the Request For Eligibility To Bid D.O.T (Form RFETB) has not been submitted, if the Certificate of Current Capacity is not executed under Oath and substantiated, if a Unit Price is not shown for each Pay Item, or if they fail to comply with the Electronic Bidding System (EBS) bidding requirements. In the case of alternate items, Unit Prices shall be entered for only one alternate. The Department reserves the right to disqualify and reject any Proposal that is not properly signed in accordance with the requisite of Subsection 102.06.

Any and all Proposals will be rejected if the Department believes that collusion exists among the Bidders and no participant in such collusion may submit future Proposals for the same work. The Department reserves the right to review and to refuse to consider any Proposal if the Bidder fails to execute the Non-Collusion Certificate.

ngle Proposals Only one Proposal from any person, partnership, or corporation under the same or different names shall be sub mitted on any Project.

Proposals may be rejected if any of the Unit Prices are obviously unbalanced. The Department will decide whether any Unit Prices are unbalanced either excessively above or below a reasonable cost analysis value determined by the Engineer, particularly if these unbalanced amounts are substantial and contrary to the interest of the Department.

Proposals may be rejected as irregular if they show any omissions, alterations of form, additions or conditions not called for, unauthorized alternate bids, erasures or changes not initialed, or other irregularities.

The Department reserves the right to reject Proposals from Bidders who have not paid or satisfactorily settled all

legal debts due on other Contracts at the time Proposals are received.

The Department reserves the right to reject any and all Proposals and to waive technicalities at any time before the

Contract has been signed by the Department.

Proposals submitted in excess of $2,000,000 by non-prequalified contractors under Rule 672-5 of the

Department’s Rules and Regulations Governing the Prequalification of Prospective Bidders will be disqualified

and rejected.

If the contract has an established DBE goal, the Department reserves the right to reject and disqualify any proposal

if the bidder has failed to list bona fide DBE participants with sufficient participation to achieve at least the

established goal. The Department may consider for award a proposal with less participation than the established

goal if both:

• The bidder can demonstrate that no greater participation could be obtained and;

• The participation proposed by the low bidder is not substantially less than the participation proposed by

the other bidders on the same contract.

No Proposal will be considered without submission of the completed Georgia Security and Immigration

Compliance Act Affidavit for each Letting Call Order. 15151515151515151515

No Proposal will be considered without submission of the completed Request for Eligibility To Bid Form for each

Letting Call Order

102.08Proposal Guaranty

No Proposal will be considered unless it is accompanied by a Proposal Guaranty of the character and in an amount

not less than the amount indicated in the Proposal. Each bid submitted must be accompanied by a separate Proposal

Guaranty. No Proposal Guaranty will be considered to cover any Bid except the one to which it is attached and

verified for.

102.09Delivery of Proposals

Each Proposal, together with the Proposal Guaranty, shall be submitted in a sealed envelope so marked as to

identify its contents without being opened (See Section 102.06.A), unless submitted electronically via the Internet and

Bid Express™ (See Section 102.06.B). Proposal forms are not transferable. Proposals will be received until the time

and date set in the Notice To Contractors and shall be in the hands of the officials indicated by that time. Proposals

received after the advertised cutoff time established for submission of Proposals will be returned unopened to

the Bidder.

102.10Withdrawal or Revision of Proposals

Any Bidder may withdraw their Proposal prior to the advertised cutoff time specified via the Internet and Bid

Express™, by using the AASHTOWare Project Bid™ software. Instructions on how to do so is included in the

on-line help documentation for the AASHTOWare Project Bids™ software.

102.11Public Bid

Bid results will be posted and available on Bid Express TM at www.bidx.com and the GDOT Construction Bidding

Administration website at http://www.dot.ga.gov/PS/Business/Contractors at the time specified in the Notice to Contractors.

102.12Material Guaranty

The Department reserves the right before the Contract is awarded to require the Bidder to furnish a complete statement

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

with samples, which may be subjected to the tests provided for in the Specifications to determine their quality and

fitness for the work.

102.13Combination or Conditional Proposals

If the Department so elects, proposals may be issued for projects in combination and/or separately, so that bids may be

submitted either on the combination or on separate units of the combination. The Department reserves the right to

make awards on combination bids or separated bids to the best advantage of the Department. No combination of bids,

other than those specifically set up in the proposals by the Department, will be considered. Separate contracts will be

written for each individual project included in the combination.

Conditional proposals will be considered only when so stated in the special provisions. 16161616161616161616

102.14Landscape Projects

Only qualified Landscape Contractors shall submit bids for Landscape Projects. Qualifications required are as follows:

nursery. All work done by the Contractor on this project shall be done under the direct supervision of a

licensed nurseryman.

evidence of such with the bid.

this bid a certified statement of such compliance.

102.15Submittal of “Georgia Security and Immigration Compliance Act Affidavit”

The Apparent Low Bidder for each Letting Call Number shall submit the completed “Georgia Security and Immigration

Compliance Act Affidavit” to the GDOT Office of Construction Bidding Administration, Room 1113, in a sealed

envelope or an executed copy of the affidavit can be emailed to biddingadmin@dot.ga.gov by 12:00 noon on the first

working day after the Bid Opening as a matter of Bidder responsibility.

If the “Georgia Security and Immigration Compliance Act Affidavit” is not delivered or emailed to the GDOT Office of

Construction Bidding Administration by 12:00 noon on the first working day after the Bid Opening, the Bid will be

subject to rejection.

102.16Submittal of “Request For Eligibility To Bid”

All Bidders for each Letting Call Number shall submit the completed “Request For Eligibility To Bid Form D. O. T.

RFETB” to the GDOT Office of Construction Bidding Administration, Room 1113, by no later than 12:00 p.m. on the day

prior to the Bid Opening.

If the “Request for Eligibility To Bid Form D. O. T. RFETB” is not received by the GDOT Office of Construction Bidding

Administration, Room 1113, by no later than 12:00 p.m. on the day prior to the Bid Opening, the Bid will be subject

to rejection.

102.17Submittal of “Certificate of Current Capacity” and “Status of Contracts

on Hand”

The apparent low Bidder for each Letting Call Number shall submit the executed “Certificate of Current Capacity” and

the “Status of Contracts on Hand” to the GDOT Office of Construction Bidding Administration, Room 1113, in a sealed

envelope by 12:00 p.m. on the first working day after the Bid Opening.

If the “Certificate of Current Capacity” and the ‘Status of Contracts on Hand” are not delivered to the GDOT Office of

Construction Bidding Administration, Room 1113, in a sealed envelope by 12:00 p.m. on the first working day after the

Bid Opening, the Bid may be subject to rejection.

102.18Submittal of “Construction Contractors Bid Opportunity List”

All Bidders for each Letting Call Number shall submit the completed “Construction Contractors Bid Opportunity List”

to the GDOT Office of Construction Bidding Administration, Room 1113, in a sealed envelope by 12:00 p.m. on the

third working day after the Bid Opening as a matter of Bidder responsibility.

If the “Construction Contractors Bid Opportunity List” is not delivered to the GDOT Office of Construction Bidding

Administration, Room 1113, in a sealed envelope by 12:00 p.m. on the third working day after the Bid Opening, the Bid

may be subject to rejection. 17171717171717171717

102.19Specialty Items Exempt from Prequalification of Bidders

The following items designated as Specialty Items for general transportation system construction and building

construction, according to the provisions of Subsection 108.01, are exempt from the Prequalification of Bidders

requirement stated in Subsection 102.01:

Where a Contractor or Subcontractor has been approved to complete required utility work by the utility owner

and such approval has been adequately demonstrated to the Department, Prequalification by the Department

is not necessary for said utility work. Where approval is not required by the utility owner, the Contractor or

Subcontractor must be prequalified by the Department..