less than 24 hours, all other Bid Defects not listed in Section 102.11.1 - Non-curable Bid Defects that are identified by the Department. Failure to cure such Defects within said time may result in forfeiture of the Bidder’s Bid Guaranty. Upon su ch failure, the Department may take any action in the best interests of the Department, in cluding those set forth in Such curable Bid Defects include, but are not limited to, the f ollowing. The Bidder signs only one of the C ontract Agreement Offer & Awa rd forms. Missing total sum of the items pr ovided in the Schedule of Items. The prices or signatures on the Bid or Bid Guaranty are not in ink or other non-erasable substance. Failure to acknowledge Receipt and consideration of all Bid Ame ndments. All other Defects that do not cr eate a significant question as to the Bidder’s total Bid amount or the Bidder’s ability to complete the Work within the Contract Time or by the Contract Completion Date as determined by the Department. Materially unbalanced Bids may create a significant question a s to the Bidder’s ability or will to complete the Work within the Contract Time i n accordance with the requirements of the Contract; see Section 103.1.2 - Unbalanced Bids. Contractors prequalified for the general category stated in th e Notice to Contractors may be determined non-responsive by the Department based on rec ent or new data provided since the last determination of prequalification for that Contr actor.
Scope of Section This Section includes requirements related to the final determination of Bid responsiveness and Award and execution of the Contract.
103.1Analysis of Bids
103.1a Tie Bids - In the case where two responsive bids from r esponsible bidders are equal monetarily, the Department shall determine the apparent l ow bidder by flipping a coin. The coin shall have sides clearly marked as heads and ta ils. The contractor whose first letter in its official company name that comes first in t he alphabet shall be heads. If there are three bids, each bidder will flip the coin and the bidder with the odd toss will be the winner. (i.e. if the results are two heads and a tails, the bidder who had tails is the winner). For a three way tie, bi dders may flip their own coin or have the Contracts Engineer flip for them.