1206Preparation and Delivery of Proposal

1206.1PREPARATION AND DELIVERY

The Bidder shall use the electronic submittal process. The Bidder shall submit the electronic Proposal in accordance with AASHTOWare Project Bids software and th e Bid Express website (www.bidx.com). The Bidder shall submit its Proposal by the date and time for opening Proposals. Bid Express will not accept Proposals past the date and time of the opening of Proposals. The Bidder shall submit the Proposal Guaranty electronically through the Project Bids software or via email at biddocsubmittal.DOT@state.mn.us by the due date and time of the opening of Proposals. If a Bidder fails to provide a Unit Price for any Pay Item on the Bid Schedule, except for “ Lump Sum” Pay Items, the Department will reject the Proposal. If a Pay Item in the Proposal requires the Bidder to choose an alternate Pay Item, the Bidder shall indicate its choice in accordance with the Specifications for that Pay Item.

1206.2ALLOWABLE SUBSTITUTIONS

When directed by the Department, the Bidder shall submit a flash drive Proposal using AASHTOWare Project Bids and EBSX files. The Bidder shall label the flash drive with the Proposal number. The Bidder shall deliver the Proposal and the Proposal Guaranty in a sealed envelope. The Bidder shall mark the sealed envelope with the name of the Bidder, the P roposal number, the Project number, and the letting date. The Bidder shall deliver the sealed envelope to the Department as specified in the Advertisement for Bids as follows:

If the Department receives a Proposal after the date and time for opening Proposals, the Department will return the Proposal to the Bidder unopened.

1206.3RESPONSIBLE CONTRACTOR

The Department cannot award a construction Contract in excess of $50,000 unless the Bidder is a “Responsible Contractor” as defined in Minnesota Statutes, section 16C.285, subdivision 3.

A Bidder must verify it meets the minimum criteria detailed in the law. A Bidder must submit its verification electronically by completing the “Responsible Contractor” section in the “Officers and Acknowledgements” Folder within the Electronic Bid File. A company officer must certify statements in that section. Bidders only need to complete the electronic verification; DO NOT email, fax, or send paper forms to the Department. The Department will not accept emailed, faxed, or other paper submissions and will only accept electronic verifications. A Bidder must obtain verification from each Subcontractor it will have a direct contractual relationship with. At the Department’s request, a Bidder must submit signed Subcontractor verifications. A Contractor or Subcontractor must obtain annual verification from each motor carrier with which it has a direct contractual relationship. A motor carrier must give immediate written notice if it no longer meets the minimum responsible Contractor criteria. The requirement for Subcontractor verifications does not a pply to:

on the Project, including performing delivering and unloading services in connection with the supply of Materials, Equipment, and supplies. But, a business or person mu st submit a verification if it delivers mineral Aggregate such as sand, Gravel, or stone that will be incorporated into the Work by depositing the Material substantially in place, directly or through spreaders, from the transporting vehicle. A Bidder or Subcontractor who does not meet the minimum criteria specified in the statute, or who fails to verify compliance with the criteria, is not a “Responsible Contractor” and is ineligible to be awarded the Contract for this Project or to Work on this Project. Submitting a false verification makes the Bidder or Subcontractor ineligible to be awarded a construction Contract for this Project. Additionally, submitting a false statement may lead to Contract termination. If only one Bidder submits a bid, the Department may, but is not required to, award a Contract even if that Bidder does not meet the minimum criteria for Contracts not exceeding $50,000.