for Highway Construction Page 20 of 715 SECTION 102 – B IDDING REQUIREMENTS AND CONDITIONS
102.01 Contents of Proposal Forms .
The Department will provide proposal forms to a bidder through the QuestCDN.com website for purchase. Bidders must appear on the plan holders list for their proposal to be accepted by the D epartment. The proposal forms will include the following:
1.The proposed project location and description.
2.A schedule of items with an estimated quantity for each.
3.The proposed project contract time.
4.The proposal guaranty amount.
5.The bid opening date, time, and location.
6.Special provisions.
7.Requirements not contained in the Standard Specifications. Documents bound with or attached to the proposal forms are a part of the proposal forms. The plans, specifications, and other documents referenced in the proposal forms are a part of the proposal form, whether attached or not, and do not need to be submitted with the proposal. Do not detach or alter bound or attached documents from the proposal forms when submitting the proposal. Pay the amount stated in the notice of letting required for downloading of the proposal forms and the plans using the QuestCDN.com website.
102.02 Interpretation of Quantities in Bid Schedule.
The quantities provided in the bid schedule are approximate and are used to compare proposals. The Department may change these quantities or eliminate contract pay items as specified in 104.02. The Department will only pay for accepted work quantities as specified in 109.
102.03 Examination of Plans, Specifications, and Project Site.
Carefully examine the proposed contract, project site, plans, and the proposal f orms before preparing and submitting a proposal. If a bidder chooses to not perform project site investigations and the Department awards the contract to that bidder, the bidder will be responsible for onsite project conditions that would hav e been discovered had the bidder performed a reasonable onsite project investigation. A reasonable project investigation includes investigating the project site, borrow sites, hauling routes, and other locations related to the performance of the work. A reasonable onsite project investigation also includes inspection of these documents. Department -provided information is for the bidder’s general knowledge only and is not a substitute for the bidder’s own reasonable investigation, interpretation, or judgment. Upon request or at the Department’s discretion, the Department will provide electronic design data, also known as reference files, for the project during the advertisement period. It is the bidder’s responsibility to check periodically to see if reference files have been post ed or updated on the ITD Notice to Contractor’s page, located at the following link: https://itd.idaho.gov/business/ . Addendums will not be used to notify the bidder that reference files have been posted. The reference files will only be available during the advertisement period and will be removed after the bid opening. for Highway Construction Page 21 of 715 The Department does not guarantee or warranty the electronic design data provided to the bidder, is compatible with any of the systems used by the bidder, is complete, is representative of actual conditions at the project site, or accurately reflects the quantities and character of the actual work required. Providing electronic design data does not relieve the bidder from risks or of duty to make onsite project examinations and investigations, or other responsibilities. Immediately notify the Department in writing of any errors or omissions on the plans and proposal forms or inconsistencies between these docum ents and the project site. Do not take advantage of errors or omissions in the contract documents. If the Department performed borings and subsurface investigations at the project site or other areas (e.g., possible material sources), the Department obtained and used these records for study, estimating, and design purposes only; they may not necessarily reflect the actual subsurface conditions existing at the project site. A submitted proposal is prima facie evidence the bidder understands and is satisfied with the conditions of the project site, plans, and proposal forms . The Department does not consider written or oral explanations, instructions, and interpretations provided before c ontract award as binding, unless confirmed by addenda. It is the Department’s intent to provide bidders an equal opportunity to access and acquire information to formulate a responsive proposal. If the Department discovers information, specifications, plans, data, or interpretations important for the bidding process to be deficient, the Department will provide this data to bidders as addenda. Bidders must acknowledge receipt of addenda.
102.04 Preparation of a Proposal .
Complete purchase proposal forms as described in 102.01. Submit an electronic or hard- copy proposal on the Department -provided forms. Submit hard -copy proposals that are typed or handwritten in ink. Provide a numeric unit price for each contract pay item on the bid schedule. Multiply each unit price by the corresponding contract pay item quantity and provide the numeric product in the amount bid column. Add the numeric products of the contract pay items and provide a numeric total bid amount at the bottom of the same column. If discrepancies exist between the unit prices and the products or total bid amount, the Department will use the unit prices and calculate a corrected total bid amount. The Department accepts bids in electronic (E -bid™ using BidX.com and Project Bids ™ software) or hard- copy formats. Addenda are uploaded to t he QuestCDN.com software and plan holders are then notified to download the addenda. Acknowledgement of each addendum must be included with the submittal of the proposal. The “No Bidding Errors” statement in electronic bidding program’s output, in the bid summary, is only a verification of an entry made in provided E -bid fields. It does not mean the information provided is correct, acceptable, or complies with requirements or specifications. Based on the bidder organization type, the Department requires the following on the submitted proposal:
1.Ink signatures or electronic digital identification for the following individuals, based on the bidder’s organization:
a.The owner of a sole proprietorship.
b.At least 1 member of a partnership.
c.At least 1 member or officer from each firm representing a joint venture. for Highway Construction Page 22 of 715 d. At least 1 officer of a corporation.
e.An agent of the bidder, legally qualified and accepted by the Department .
2.Name and business address of the following, based on the bidder’s organization:
a.The owner of a sole proprietorship.
b.Each member of a partnership.
c.Each member or officer of the firms representing a joint venture.
d.The corporation and its corporate officials. If the contract includes mechanical or electrical work (e.g., plumbing, heating, air conditioning, electrical), include the names, addresses, public works contractor license number, and contract or subc ontract amount of work as specified in 67-2310, Idaho Code .
102.05 Conditional Proposals .
If a bidder wants to bid on more than 1 proposal at a single bid opening and wants protect ion from the Department awarding the bidder more contracts than it can successfully perform, the bidder may submit bid proposals for a number of proposals by signing and attaching the following statement to 1 or more of the hard- copy bid proposals: This proposal is conditioned on my/our receiving the award for only (insert number) of the contracts for which I/we have submitted proposals at this bid opening. If proposals for a greater number of contracts than specified are accepted, then this proposal will be considered withdrawn. A bidder may also condition, as above, to bids submitted in subsequent bid openings, if the Department has not made a determination of intent to award the prior project(s). The written condition for hard- copy bid proposals must include: This proposal is conditioned on my/our receiving the award for only (insert number) of contracts for which I/we have submitted proposals at this bid opening or for proposals submitted at previous bid openings for which the Department has not made a determination of intent to award. If proposals for a greater number of contracts than specified are accepted, then this proposal will be considered withdrawn. For either conditional proposal above, electronic bids require a completed Conditional Withdrawal form in the EBSX file. If a bidder submits conditional bid proposals and becomes the apparent low bidder on more than 1 conditional bid proposal, the Board will choose which contracts to award to that bidder.
102.06 Proposal Guaranty.
Provide a proposal guaranty of the type, and at least in the amount, stated in the proposal forms . If using a surety bond, submit the bond on an acceptable form signed by the surety. Include a power of attorney for the person who executes the bond on behalf of the surety as attorney in fact.
102.07 Delivery of a Proposal .
Submit a complete proposal on the Department’s proposal forms described in 102.01 and prepared as specified in 102.04. Submit the proposal electronically or in a sealed envelope marked on the outside with: “Bid Enclosed”, the Key Number, and the Proposal Name. Address the envelope to the attention of for Highway Construction Page 23 of 715 “Advertisement & Award”. Submit before the bid opening date and time and to the location stated in the notice of letting. Submittals received after the bid opening date and time will be returned to the bidder unopened.
102.08 Withdrawal or Revision of a Proposal .
To withdraw or revise a proposal, submit a written request before the date and time set for the bid opening.
102.09 Public Opening of Proposals .
The Department will publicly open and read proposals on the date, time, and place stated in the notice of letting.
102.10 Proposal Acceptance and Irregular Proposals .
Proposals will not be accepted or reviewed for the following reasons:
1.Not submitting the bid by the designated bid opening date and time.
2.Submitting multiple bid proposals for the same project, under the same or different name. The Department will consider a proposal irregular and may rej ect it for the following reasons:
1.Submitting the proposal in pencil.
2.Not completing/submitting all required fields/documents in the proposal.
3.Submitting the proposal on proposal forms not purchased from the Department. Electronic submittals must represent the purchased proposal forms.
4.Altering or detaching any part of the proposal forms as provided by the Department.
5.Submitting the proposal with unauthorized additions, omissions of addenda, or irregularities t hat might make the proposal incomplete, indefinite, or ambiguous.
6.Adding provisions to the proposal, reserving the right to accept, or reject an award, or to enter into a contract pursuant to an award, except when made in the accordance with 102.05.
7.The bidder is not listed on the QuestCDN plan holders list. Any information listed above that is considered proprietary will not be shared before contract award.
102.11 Disqualification of Bidders .
The Department may disqualify a bidder and reject the bidder’s proposals for the following reasons:
1.A bidder submits multiple bid proposals for the same proposal, under the same or a different name.
2.The Department finds evidence of collusion among bidders . The Department will not allow a bidder that participated in collusion to bid future work until the Department reinstates the bidder.
102.12 Protest ing a Proposal .
To protest a determination made by the Department regarding the regularity or irregularity of a bid, submit a written protest to the Chief Engineer within 5 calendar days ( 40-902, Idaho Code ) of the official results being for Highway Construction Page 24 of 715 posted to the Department’s website ( https://apps.itd.idaho.gov/Apps/contractors/br.htm ). The protest must set forth in specific terms the reasons why the Department's determination is thought to be erroneous. Protest by Apparent Low. If the protest is made by the apparent low bidder, the protest will be addressed by the Chief Engineer . Third- Party Protest . If the protest is made by other than the apparent low bidder, the Chief Engineer will assign a hearing officer for a contested case hearing followed by a final decision by the Chief Engineer.
102.13 Licensing of Bidders .
For contracts that include federal -aid funding, bidders and subcontractors that are required to be listed in the propos al will possess the appropriate license as specified in 107.03 before the Department awards the contract . For contracts without federal -aid funding, bidders will possess the appropriate license as specified in 107.03 before submitting a proposal, and if the proposal forms require bidders to list subcontractors, the subcontractor will possess the appropriate license as specified in 107.03 and 102.04 before the bidder submits a bi d proposal.
102.14 Tied Bids.
If there are tied bids, the apparent low bidder may be determined by random chance (e.g., drawing lots, tossing a coin) in the presence of a witness in accordance with IDAPA 38.05.01.082 . The Department will record video of the tie breaking event in case there is any question as to the fairness of the procedure. for Highway Construction Page 25 of 715 SECTION 103 – AWARD AND EXECUTION OF CONTRACT
103.01 Consider ation of Proposals .
After the bid opening, the Department will post the total proposal amount for each bid received to the Department’s website. After each bid opening, bid proposals will be reviewed to ensure the necessary requirements have been met (e.g., valid public works license, electrical contractor) no later than 5 pm MT the next business day. The Contractor will be notified if their bid proposal was deemed irregular as specified in 102.10 and for what specific reason(s). The Department’s website will be updated showing the bid proposal being marked only as irregular. After each bid opening, bid proposals will be reviewed to ensure the necessary requirements have been met. If a proposal does not meet the DBE requirements, the proposal will be deemed irregular. The apparent low bidder will be notified if their proposal was deemed irregular as specified in 102.10 and for what specific reason(s). The Department’s website will be updated showing the proposal was deemed irregular. Once contracts have been distributed to the apparent low bidder with a letter of intent, the Department will post the bid abstracts (i.e., the dollar amount bid per bid item) to the Department’s webpage. For proposals with only one bidder, the bid abstracts are not posted to the Department’s website. The Department may take the following actions if the Department determines the action is in its best interest:
1.Award the contract .
2.Reject proposals.
3.Waive technicalities in proposals.
4.Advertise for new proposals.
5.Proceed to do the work by other means.
A.Release of Bid Abstracts. The Department will post bid comparison results (i.e., bid abstracts) to the Department’s website for projects with more than one bidder after contracts have been distributed to the apparent low bidder for execution.
103.02 Award of Contract .
The contract will be awarded to the lowest responsible bidder within 45 calendar days after the bid opening. The Department and the lowest responsible bidder may mutually agree, in writing, to defer the award beyond 45 calendar days. In cases where approval from the Local Sponsor, the Board, and/or the FHWA must be required before award, the Department may delay the award for up to 60 calendar days without considering increases in costs because of the delay in award. In cases where the award is delayed longer than 60 calendar days, the Department will consider increases in costs because of the delay in award. For contracts that include federal -aid funding, the 45- day period from the date of the bid opening may be extended a reasonable time for the lowest responsible bidder, or their specialty subcontractor(s), to secure
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 56–60 of 768.