SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.01 PREQUALIFICATION OF BIDDERS. All organizations and individuals
bidding on Department projects and accepting subcontracts on Department projects must apply for and receive Department prequalification and possess a Certificate of Eligibility as provided in regulations published by the Department according to KRS Section 176.140. The Department reserves the right to waive this requirement on certain projects in connection with the letting of contracts not covered by the statutes. The Department will place a waiver of this requirement in the Notice to Contractors and the Bid Proposal for such projects.
102.01.01 Joint Ventures. A request to bid as a Joint Venture must be made with the
Department. This requires the submittal of the TC 14-320 Request for Joint Venture form. All companies within the Joint Venture shall be prequalified with the Department. The Department will issue a vendor number for the Joint Venture once the request is received and approved.
102.02 CURRENT RATING. The Department will determine the current capacity
rating of a bidder as the net difference between the bidder’s maximum capacity rating as set forth in a Certificate of Eligibility and the total value of uncompleted Contract work, held as a prime contractor, that the bidder is performing for any owner . The Department shall review all Bid Proposals and the value of uncompleted contract work for the apparent low bidder. A bidder that is over their maximum capacity rating will be removed from consideration of Award. The Department will determine the value of uncompleted Contract work held as a prime contractor with the Department, by summation of all work remaining on the last approved pay estimate for each uncompleted contract. Th e prime contractor is responsible for the entire amount of the project as the Department will not give credit for any subcontracted work.
102.02.01 Current Capacity of Joint Venture. The Department will determine the
current capacity rating for each company of a joint venture by dividing the total electronic bid submittal of the joint venture equally among the total number of contractors in the joint venture. The Department will divide the total value of the uncompleted work on the joint ventured project equally among the contractors in the joint venture when determining each bidder’s current capacity rating.
102.03 BIDDER REGISTRATION. Any company desiring to bid on a project that is
advertised in the Department’s letting must register with the Department utilizing the bidder registration form. All bidder registration forms must be received by the Department by 3:00 PM prevailing time on the day preceding the letting.
102.04 EXCLUSION FROM EL IGIBLE BIDDER LIST. The Department may refuse
to place a bidder on the eligible bidder’s list for any of the following reasons:
a.Failure by the prospective bidder to comply with any prequalification regulations of the Department.
b.The prospective bidder has defaulted on a previous contract.
c.The prospective bidder is debarred from bidding on and receiving Department contracts.
d.The prospective bidder has a proposed debarment pending.
e.Failure to reimburse the Commonwealth for monies owed on any previously awarded contracts, included those contracts where the prospective bidder is party to a joint venture and the joint venture fails to reimburse the Commonwealth for monies owed. 102-1
f.When a prospective bidder’s existing, uncompleted contracts and subcontracts with the Department are behind schedule to the extent that they might hinder or prevent prompt completion of any additional contract.
g.Failure by the prospective bidder to attend a mandatory pre-bid meeting for a particular project as outlined in the notification to contractors.
102.05 CONTENTS OF BID PROPOSAL. The Bid Proposal provides the location and
description of the proposed work, the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and includes a schedule of items for which unit bid prices are requested. The Bid Proposal states the time allowed to perform the work, the amount of the Proposal Guaranty, and the date and time of Bid Proposal opening. The Bid Proposal also includes any special provisions or requirements varying from or not contained in the Standard Specifications. The Department considers the Plans, Specifications, and other documents designated in the Bid Proposal form a part of the Bid Proposal whether attached or not.
102.06 INTERPRETATIONS OF QUANTITIES IN BID PROPOSAL. The
quantities in the Bid Proposal are approximate only and are prepared for comparison of bids. The Department will pay the Contractor only for the actual quantities of work performed and accepted or materials furnished according to the Contract. The Department may increase, decrease, or omit the estimated qu antities of work and materials furnished.
102.07 Examination of Plans, Specifications, Special
PROVISIONS, SPECIAL NOTES, AND SITE OF WORK. Examine the site of the proposed work, the Bid Proposal, Plans, Standard Specifications for Road and Bridge Construction and applicable Supplemental Specifications, Questions and Answers from the Division of Construction Procurement Website, contract forms, bulletins and addendums posted to the Department’s website and the Bid Express Bidding Service Website before submitting the Bid Proposal. The Department considers the submission of a Bid Proposal clear 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 Contract. Professing ignorance or a misunderstanding regarding requirements of the work by the Prime Contractor or any subcontractor or supp lier, does not in any way serve to modify the provisions of the Contract. Consider existing fi eld conditions, utilities, soil characteristics, traffic control, and other jobsite characteristics as requirements of the contract to be dealt with accordingly.
102.08 Preparation and Delivery of Bid Proposal.
102.08.01 Preparation of the Bid Proposal. Submit the Bid Proposal through the
Bid Express Bidding Service website ( www.bidx.com ). The bidder must furnish a unit price or lump sum price as called for in the Bid Proposal, in numerical figures, for each pay item listed. In the case of alternates, bid on only one alternate for each construction item. Enter prices for the intended alternate item(s) of construction and leave the undesired alternate item(s) of construction blank. The electronic bidding software allows for only one alternate to be bid.
102.08.02 Delivery of Bid Proposal. A Digital ID must be obtained in order to
electronically sign the Bid Proposal. Registration is required through Bid Express to obtain a Digital ID for electronic bidding. A Digital ID must be approved prior to submission of a Bid Proposal through Bid Express. A Digital ID is required for companies bidding individually as well as Joint Ventures. Use the Department’s electronic bidding software located on the Bid Express Bidding Service Website (www.bidx.com). Download th e bid file from this site to prepare an electronic bid through the Bid Express Bidding Service for submission to the Department. For revisions to the proposal regarding bid items or quantities, the Department will provide 102-2 an amendment to the electronic bidding file indicating the revision date. Use the amended electronic bidding file in preparing the Bid Proposal. The Department takes no responsibility for the compatibility with the bidder's computer equipment or software.
102.09 PROPOSAL GUARANTY. The Department will reject any Bid Proposal that is
not accompanied by a Proposal Guaranty in an amount no less than the amount indicated on the Bid Proposal. If the electronic bid bond was not utilized with the Bid Express Bidding Service, a Proposal Guaranty in the form of a cashier’s check, certified check or paper bid bond will be acceptable. A paper bid bond, cashier’s check, or certified check made payable to the Kentucky State Treasurer shall be received in the Division of Construction Procurement prior to the time of the Letting. 102.10 WITHDRAWAL OR REVISION OF BID PROPOSAL. A Bid Proposal may be withdrawn or revised in accordance with the requirements of the Bid Express Bidding Service prior to the time of the Letting.
102.11 COMBINATION BID PROPOSALS. The Department may issue Bid Proposals
for projects in combination or separately. Submit Bid Proposals on either the combination and/or the separate projects of the combination. The Department reserves the right to make awards on combination bids or separate bids whichever is to the best advantage of the Department.
102.12 PUBLIC OPENING OF BID PROPOSALS . The Department will publicly
announce all Bid Proposals at the time indicated in the Notice to Contractors.
102.13 IRREGULAR BID PROPOSALS. The Department will consider Bid Proposals
irregular and will reject them when the bidder either:
1.omits both a unit price for any pay item and an amount for the entire quantity of the same pay item, except when the Bid Proposal allows a choice of authorized pay items; or
2.submits zero as a unit price for any pay item or as an amount for the entire quantity of the same pay item except when the Bid Proposal allows a choice of authorized pay items; or
3.fails to submit the bid on the current revised pay items; or
4.fails to submit the bid on required addenda; or
5.fails to meet the requirements of Subsection 102.09 The Department will consider Bid Proposals irregular and may reject them for the following reasons:
1.when there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the electronic bid incomplete, indefinite, or ambiguous as to its meaning; or
2.when the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award; or
3.any failure to comply with the provisions of Subsection 102.08; or
4.Bid Proposals in which the Department determines that the prices are unbalanced.
102.14 DISQUALIFICATION OF BIDDERS. The Department may consider any of
the following reasons sufficient for the disqualification of a bidder and the rejection of the bidder’s Bid Proposal(s): 102-3
1.More than one Bid Proposal submitted on the same Contract ID by affiliated or subsidiary companies.
2.Evidence of collusion among bidders. The Department will not recognize participants in such collusion as bidders for any future work of the Department until any such participant has been reinstated as a qualified bidder. Collusive bidding is a violation of the law and may result in criminal prosecution, civil damage actions, and State and Federal administrative sanctions.
102.15 PROCESS AGENT. Every corporation or limited liability company doing
business with the Department shall submit evidence of compliance with KRS Sections 14A.4-010, 271B.11-010 -271B.11-80, 271B.5- 010 and 271B.5-025, and 271B.16-220, or 275.115 and must file with the Department the name and address of the process agent upon whom process may be served. Every individual residing in another state, or members of a co-partnership who reside in another state, doing business with the Department shall file with the Department the names and addresses of at least 2 persons residing in Kentucky upon whom process may be served. When any change is made in any such corpor ation’s, individual’s, co-partnership’s, or limited liability company’s process agent, the corporation, individual, co-partnership, or limited liability company shall immediately file with the Department a statement of the change. The former agent shall remain agent for the purpose of service of process until the bidder files a statement with the Department designating the new agent. Submit or file evidence of compliance with the KRS Sections cited above and/or designation of process agents, as required by this section, with the Department at the time of qualifying or at the time of submitting a Bid Proposal, or at any time prior to the issuance of the Contract and work order and/or purchase order. 102-4
Source: Kentucky Standard Specifications for Road and Bridge Construction, 2019 Edition. Pages 21–24 of 718.