102Bidding Requirements

Bidding Requirements

102.01PREQUALIFICATION OF BIDDERS. To qualify for

submission of a bid, the bidder shall comply with all rules and regulations of the Louisiana State Licensing Board for Contractors.

102.02CONTRACTORS' LICENSING LAWS. Attention is directed to

the rules and regulations of the State Licensing Board for Contractors. Information relative to licensing may be obtained from the offices of said Board in Baton Rouge. If the estimated project cost is $50,000 or more, only licensed contractors may receive bid forms, unless federal funds are involved. When federal funds are involved, non-licensed contractors may receive bid forms and submit bids; however, if the contractor's bid is $50,000 or more, the successful non-licensed bidder will be required to obtain the proper license before execution of the contract. When the estimated project cost is greater than $50,000, the contractor shall show his license number, if required, on the bid envelope unless the contractor submits the bid via the Department approved electronic bidding process. If a subcontract amount is $50,000 or more, both the contractor and subcontractors are subject to the rules and regulations of the State Licensing Board for Contractors. When landscaping is the predominant work on the project and no federal funds are involved, prior to receiving bid forms, the prospective bidder will be required to possess a current Landscape Contractors license from the Horticulture Commission of the Louisiana Department of Agriculture and Forestry. The contractor will be required to ensure all work performed conforms to Louisiana licensing laws and permit requirements.

102.03CONTENTS OF BIDDING DOCUMENTS. The Department

will furnish prospective bidders with or access to bidding documents. For all electronic bidding, the prospective bidder will use the Bid Express services through Bidx.com. The use of these services will require payment by the contractor of additional fees to the service provider. The construction proposal will state the location and description of the contemplated work, will show the estimated quantities and kinds of work to be performed, and will include the bid forms to be completed and returned by the bidder. The construction proposal will state the time in which the work must be completed, and the date, time, and place of opening bids. The construction proposal will also include any supplemental specifications, special provisions, or requirements, which vary from or are not contained in the Standard Specifications. The plans, specifications and other documents designated in the construction proposal will be considered a part of the construction proposal whether attached or not. Unless the contractor properly submits the bid forms electronically, the bid forms bound with or attached to the construction proposal should be detached, completed, and returned by the bidder. The bid forms consist of the Schedule of Items, the Proposal/Bid Guaranty as required by 102.09, the Construction Proposal Signature and Execution Form, and any other returnables if required in the construction proposal. Unless explicitly stated otherwise in the contract, when the name of a certain brand, make, manufacture, or definite specifications limit the product or source to be supplied under or pursuant to a specification in this contract to a single product or source, that specification shall not restrict bidders to the specified brand, make, manufacture, product or source, but to set forth and convey to prospective bidders the general style, type, character, quality and salient performance criteria desired by the Department of the product or source specified. The specified product or source shall be a standard by which substitute products or sources will be compared to determine if the substitute product or source will be approved for substitution as equal to or superior to the general style, type, character, quality and salient performance criteria of the product or source specified. Bidders are informed that substitute products or sources shall be submitted to the Chief Engineer for prior approval no later than seven working days prior to the opening of bids in accordance with LRS 38:2295(C). The Department will approve or deny substitution of the product or source submitted within three days, exclusive of holidays and weekends. If a product or source sought to be used as a substitute for the product or source specified is not submitted prior to the opening of bids as provided in LRS 38:2295(C), the Department has the right to require the product or source specified. Substitution of a product or source submitted in substitution of the product or source specified after the seven- day period prior to the opening of bids may only be allowed after that time in the Chief Engineer's sole discretion pursuant to 105.01.

102.04ISSUANCE OF BID DOCUMENTS. The Department may

refuse to accept bid documents from a bidder, or allow a bidder access to Bid Express for bidding purposes, for any of the following reasons:

of the Department.

a notice of default terminating the contractor’s participation has been issued.

Suspension/Debarment Actions or having been found unacceptable for employment on Federal-Aid Projects.

hours before the opening of bids.

LRS 48.

payment in accordance with 103.07.

102.05INTERPRETATION OF PAY ITEMS, UNIT PRICES, AND

QUANTITIES IN SCHEDULE OF ITEMS. The quantities in the Schedule of Items are prepared for comparison of bids and are calculated approximations. Payment will be made in accordance with measurement and payment requirements for pay items and other requirements of the contract. Pay item quantities may be increased, decreased, or eliminated by the Department. Nothing in the Bidding Requirements, or anywhere else in the contract, is intended to amend, prohibit, or release the contractor from performance of the work specified in the plans and specifications for which no direct pay item is included (i.e., without compensation), in addition to that in the Schedule of Items. The contract unit price for a scheduled item shall include all direct costs, all overhead, any profit, and all indirect, incidental, and subsidiary costs, necessary to complete the item, and any incidental work not measured for payment as described under the individual pay items listed in the Schedule of Items. The contractor shall perform all work required to complete the project.

102.06EXAMINATION OF BID DOCUMENTS AND SITE OF

WORK. Written instructions necessary to use the electronic bidding service and prepare and submit a bid electronically are provided on the Bidx.com Internet site. Fees payable to Bidx.com are required of the bidder to use the service and to establish electronic signatures. The bidder is advised to timely make all necessary arrangements with Bidx.com and to familiarize himself with system and process requirements prior to using the service to submit a bid. The bidder shall examine carefully the bidding documents before submitting a bid. If the bidder discovers an error, omission, or ambiguity in the plans or proposal , prior to the date of the bid opening, he shall immediately notify the Department, through Falcon. The bidder shall also examine the site of the proposed work before submitting a bid. In the event the bidder’s site investigation reveals that the site conditions are inconsistent with the contract documents, the bidder shall immediately notify the Department, through Falcon. Any subsurface tests and boring data which have been compiled by the Department and furnished to the bidder shall not be considered as fully representative of subsurface conditions and is not intended as a substitute for personal investigation, interpretations and judgment of the bidder. By submitting a bid, the bidder represents and warrants that bidder has carefully and thoroughly reviewed and examined all bid documents, including all project plans and specifications; and examined and inspected the project site for the purpose of identifying, assessing, and determining all observable or apparent site conditions that may have an impact on the performance of the work. By submitting a bid, the b idder further represents and warrants that (1) review and examination of the bid documents, including all project plans and specifications, has not revealed or otherwise indicated, and bidder is otherwise unaware of, any error, omission, ambiguity or deficiency of any kind in any of the bid documents or the information reflected by the bid documents; (2) e xamination and inspection of the project site has not revealed or otherwise indicated, and bidder is otherwise unaware of, any apparent or otherwise observable site condition that may have an impact on the performance of the work; or (3) that Bidder has provided to the Department written notice identifying and detailing any site condition or error, omission, ambiguity or deficiency of any kind in any of the bid documents or the information reflected by the bid documents that may have a significant impact on the performance of the project, including the cost of the project or the time required to complete the work.

102.07PREPARATION OF BID. Bids shall be submitted on bid forms

provided by the Department or accessed through Bidx.com. Only that portion of the construction proposal designated as Bid Forms must be completed and returned by the bidder. The bid forms include the Schedule of Items, the Proposal/Bid Guaranty as required by 102.09, the Construction Proposal Signature and Execution Form, and any additional returnables if required in the construction proposal. A unit bid price shall be specified in the Schedule of Items in English words or numerals in U.S. dollars, either typed, printed in ink, or computer printed in the spaces provided for each pay item or alternate pay item. If no alternate pay items are included in the Schedule of Items, bidders shall bid on all items; if alternate items are included, bidders shall bid on all “General Items” and on only one of the groups of items under each set of “Alternate Items.” When Additive Alternates are included, the bidders shall bid on all Additive Alternates. Submission of the bid shall constitute bidder’s verification that (1) it has not based any bid prices on the anticipated approval of a Value Engineering Proposal, as described in 105.19.3, (2) it acknowledges that any Value Engineering Proposal may be rejected, and (3) in the event of the rejection of such a proposal , the contractor will be required to complete the contract at the contract bid prices. The Construction Proposal Signature and Execution Form shall be signed either with an authorized electronic signature or with ink by any of the following who are legally qualified and acceptable to the state: • an individual; • a member of the partnership; • an officer of one of the firms representing a joint venture ; • an officer of a corporation; or • an agent of the bidder. The bidder's business street address and mailing address, if different, and the business telephone number of the individual signing the form and that of a contact person shall be shown on the Construction Proposal Signature and Execution Form. Execution, signature, and submission of the Construction Proposal Returnables shall constitute a legally binding and irrevocable offer by the bidder. Electronic bid bonds will be furnished and completed by a Department approved electronic bond verification service.

102.08IRREGULAR BIDS. Bids may be considered irregular or non-

responsive and will be subject to rejection for any of the following conditions:

furnished by the Department or Bid x.com or if the bid forms are materially altered.

irregularities which make the bid incomplete, indefinite, or ambiguous as to its meaning.

award or to enter into the contract pursuant to the award.

for each pay item listed

construction proposal was issued.

a notice of default has been issued to the bidder.

manager, organizer, or a principal officer(s) of the bidding entity is an owner (part or as a whole), registered agent, license holder, manager, organizer, or a principal officer(s) of another or the same bidding entity or of a contracting entity which has been declared by the Department to be ineligible to bid for any reason.

partner, corporation, or any other legal entity, joint venture, or combination thereof under the same or a different name, or bidder has a direct financial interest in any bid submitted by another bidder.

Forms is not properly executed either by hand or electronically and submitted with the bid.

advantage to the contractor which would result in undue expenditure of public funds and/or overrun of total cost of project.

rigging has occurred on a project.

of LRS Title 48.

non-payment in accordance with 103.07.

timely submit any required documentation prior to award of contract . Upon any such failure, the original apparent low bidder will be declared irregular and will not be allowed to bid on the project should re- advertisement occur.

funded project by the Federal Highway Administration.

102.09PROPOSAL/BID GUARANTY. Each bid shall be accompanied

by a proposal/bid guaranty in an amount not less than five percent of the total bid amount when the bidder’s total bid amount as calculated by the Department in accordance with 103.01 is greater than $50,000. No proposal/bid guaranty is required for projects when the bidder’s total bid amount as calculated by the Department is $50,000 or less. The official total bid amount for projects that include alternates is the total of the bidder's base bid and all alternates bid on and accepted by the Department. The proposal/bid guaranty submitted by the bidder shall be a bid bond made payable to the contracting agency as specified on the bid bond form provided in the construction proposal. No other form of security will be accepted. The bid bond shall be on the “Bid Bond” form provided in the construction proposal, on a form that is materially the same in all respects to the “Bid Bond” form provided, or on an electronic form that has received Department approval prior to submission. The bid bond shall be filled in completely, shall be signed by an authorized officer, owner or partner of the bidding entity, or each entity representing a joint venture; shall be signed by the surety's agent or attorney -in-fact; and shall be accompanied by a notarized document granting general power of attorney to the surety's signer. The bid bond shall not contain any provisions that limit t he face amount of the bond. The bid bond shall be written by a surety or insurance company that is in good standing and currently licensed to write surety bonds in the State of Louisiana by the Louisiana Department of Insurance and also conform to the requirements of LSA-R.S. 48:253. All signatures required on the bid bond may be original, mechanical reproductions, facsimiles or electronic. Electronic bonds issued in conjunction with electronic bids must have written Departmental approval prior to use. T he Department will make a listing of approved electronic sureties providers on the Bidx.com site.

102.10DELIVERY OF BIDS. Unless delivered electronically through

the approved electronic bid submission service, each bid should be submitted in the envelope furnished by the Department, if issued. The blank spaces on the envelope shall be filled in correctly to clearly indicate its content. When an envelope other than the one furnished by the Department is used, it shall be the same general size and shape and be similarly marked to indicate its contents, including, if required, the contractor’s Louisiana contracting license number. Bids and bid bonds shall be received no later than the time and at the place specified in the Notice to Contractors. Paper bids and bid bonds received after the time set for opening bids will be returned to bidders unopened. Electronic bids shall be submitted via the Internet in accordance with 102.07. Electronic bids transmitted by the bidder after the time set for bid opening will not be accepted.

102.11WITHDRAWAL OR REVISION OF BIDS. For paper bids, a

bidder may withdraw or revise a bid after it has been deposited with the Department, provided the request for such withdrawal or revision is received by the Department’s issuing office in person, in writing, or by email, before the time set for opening bids and at the location set forth in the Notice to Contractors. Electronic bids submitted to Bid Express may be withdrawn prior to the specified bid opening time by the authorized bidder.

102.12PUBLIC OPENING OF BIDS. Paper or electronic bids will be

publicly opened and read or presented at the time and place indicated in the Notice to Contractors.

102.13WITHDRAWAL OF BIDS DUE TO ERROR

.1 Withdrawal of Bid: The Department may allow a bidder to

withdraw a bid after the scheduled time of bid opening in accordance with LRS 48:255, if a bid contains patently obvious mechanical, clerical, or mathematical errors and if clear and convincing sworn, written evidence of such errors is furnished to the Department within seventy-two hours of the bid opening, excluding Saturdays, Sundays, or other legal holidays. If the Department determines that the error is a patently obvious mechanical, clerical, or mathematical error, it shall accept the withdrawal request and return the bid security to the contractor. If the bid withdrawn is the lowest bid, the next lowest bid may be accepted. Submission of a bid withdrawal request shall constitute bidder’s agreement to suspend the tolling of time for award of the contract during the pendency of the request. The award deadline will be extended by the number of days, rounded up to the nearest whole day, from the submission of a bid withdrawal request until the Deartment’s determination regarding said request.

.2 Other Bid Protests: The Department may also allow a

bidder to protest any matter regarding the bidding or award of a contract after the scheduled time of bid opening. The protest of a bidder must be submitted in writing and, specifically set forth the grounds and/or reasons for the protest. The written protest must be delivered to the DOTD Chief Engineer within 72 hours after notice of bid rejection, irregularity or any other action regarding the bidding of the contract, excluding Saturdays, Sundays, and legal holidays.

.3 Hearing by the DOTD Chief Engineer - Prior to

Contract: If a bidder files a notice of error along with a request to withdraw the bid, or protests in a timely manner any other matter regarding the bidding or award of the contract, the DOTD Chief Engineer, or designee, will hold a hearing within a reasonable period of time after a request has been delivered. The DOTD Chief Engineer will give the requesting bidder reasonable notice of the time and place of the hearing. The bidder may appear at the hearing and present evidence together with other facts and arguments in support of the request, except, for a request to withdraw a bid for reason of error, the bidder making such request will be limited to the sworn written evidence submitted within the time period prescribed in this subsection.

.4 Proposal / Bid Guaranty: When notice of a bid mistake

and a request to withdraw the bid is made, the proposal/bid guaranty shall continue in full force and effect until and unless there is a determination by the Secretary that the conditions of 102.13.1 have been met. If the Secretary determines that an error occurred in the preparation of the bid in compliance with the statutory and contractual requirements, the Department will return the proposal/bid guaranty to the bidder.

.5 Bid Withdrawal Consequences: If it has been

determined that an error has been made and the bidder is allowed to withdraw a bid, the individual, partnership, corporation, or any other legal entity or joint venture submitting the bid will not be allowed to resubmit a bid on the project, perform work on the project as a subcontractor or sub- subcontractor, or to supply any material or labor to the entity to whom the contract is ultimately awarded. If all bids are rejected after a bid is successfully withdrawn, the withdrawn bidder shall not be eligible to bid on the project unless the re - advertisement and opening of bids for the work is at least one hundred eighty days after the date the bid is withdrawn.