Section 102 Section 102 with access to all sources of materials for sa mpling and testing to determine their quality, uniformity and fitness for the work in accordance with the Contract.
102.15 Questions Regarding Bidding. All questions that arise regarding the contract documents (proposal), plans, or addendum shall be directed to the www.gomdot.com
current letting webpage. Click on the call number for the project to open an email form to submit your question. Questions must be submitted by 8:00 a.m. on the day prior to the letting. Answers to questions will be posted by 6:00 p.m. on the day prior to the letting. Answers can be viewed by clicking on Q&A link under the Proposal Addenda column. It shall be the Bidders responsibility to familiarize themselves with the questions and answers that have been submitted on a particular project. By signing the contract documents for a project, the Bidder agrees that the on-line Qu estions and Answers submitted on the project shall be added to and made part of the Contract. SECTION 103 - AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Proposals. After the proposals are op ened and read, they will
be compared on the basis of the summation of the products of the quantities shown in the bid schedule and the contract unit prices bid. The results of comparisons will be immediately available to the public. In the event of a discrepancy between any contract unit price and its extension, the contract unit price shall govern. Resident Contractors actually domiciled in Mississippi are to be granted preference over nonresidents in awarding of Contracts financed 100% with State funds as provided herein. In consideration of proposals that are equal to or in excess of $50,000 and financed 100% with State funds, a nonresident bidder domiciled in a state having laws granting preference to local Contractors will be consider ed for such contracts on the same basis as the nonresident bidder's state awards contracts to Mississippi Contractors bidding under similar circumstances. When a nonresident Cont ractor submits a bid equal to or in excess of $50,000 on a contract financed 100% with St ate funds, a copy of the current laws from the state of domicile and an e xplanation thereof pertaining to treatment of nonresident Contractors shall be attached. If no preferen tial treatment is provided for Contractors in the state of domicile and contracts are aw arded to the lowest responsible bidder, a statement to this effect shall be attached. Should the attachment not accompany the bid when submitted, the Contractor shall have 10 days following the opening of the bids to furnish the required information to the Contract Administration Engineer for attachment to the bid. As used herein, the term "resid ent Contractors" include s a nonresident person, firm or corporation that has been qualified to do business in this State and has maintained a permanent full-time office in the State of Mississippi for two years prior to January 1, 1986, and the subsidiaries and affiliates of such a person, firm or corporation.
103.02 Award of Contract. The award of a Contract will be made within 60 calendar
days after the opening of proposals to the lowest responsive and responsible bidder, except as provided in Subsection 103.01 for preferential treatment situations, whose proposal complies with all the requiremen ts prescribed. The award of Contracts involving the expenditure of Federal funds is contingent upon concurrence of the Federal Agency whose funds are being used. The succes sful bidder will be notified of the award by letter mailed to the address shown on the proposal.
103.03 Cancellation of Award. The Department reserves th e right to cancel the award
of a Contract for any reason, any time pr ior to the execution by all parties without liability against the Commission, Department, or any of its officers or employees. 103.04--Return of Proposal Guaranty. The proposal guaranty of each bidder, except those of the two lowest responsive bidders, w ill be returned within 10 days of Contract award. The retained proposal guaranty of th e unsuccessful of the two lowest responsive bidders will be returned within ten days following the execution of a Contract with the successful low responsive bidder. The retained proposal guaranty of the successful bidder will be returned after satisfactory performance and payment bonds have been furnished and the Contract has been executed. In the event all bids are rejected by the Co mmission, certified checks or cashier's checks submitted as a proposal guaranty by all bidder s will be returned within 10 days of rejection. In the event no award is made within 30 da ys after the opening of bids, the Executive Director may permit the successful bidder to replace the certified check or cashier's check with a satisfactory bidder's bond. Should no award be made within 60 calendar days, all proposals will be deemed rejected and all proposal guaranties returned unless the lowest responsive and responsible bidder, at the request of the Commission, agrees in writing to a longer delay prior to the execution of the 60 days.
103.05 Contract Bonds .
103.05.1 Requirement of Contract Bonds . Prior to the execution of the Contract, the
successful bidder shall execute and deliver to the Executive Direct or a performance and payment bond(s) in the form required by the Commission and in a sum equal to the full amount of the Contract as a guaranty for complete and full performance of the Contract and the protection of the appr opriate claimants and the De partment for materials and equipment and full payment of wages in accordance with Miss. Code Ann. § 65-1-85(as amended). In the event of the award of a joint venture, each individual, partnership, firm or corporation shall assume jointly the full obligations under the executed Contract, executed Supplemental Agreements, and the contract bond(s).
103.05.2 Form of Bonds . The form of bond(s) shall be that provided by the Contract.
These bonds shall be executed by a Mississippi agent or qualified nonresident agent and shall be accompanied by a certification as to authorization of the attorney-in-fact to commit the Surety company. A power of attorney exhibiting the Surety's original seal supporting the Mississippi agent or the qualifie d nonresident agent's signature shall be furnished with each bond. The Surety co mpany shall be curren tly authorized and licensed in good standing to conduct business in the State of Mississippi with a minimum rating by A.M. Best of (A-) in the latest pr inting of "Best's Key Rating Guide" to write individual bonds up to ten percent of the policy holders' surplus or listed on the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compan ies” as published by the United States Department of the Treasury, Financial Management Service, Circular 570 (latest revision as published and supplemented on the Financial Management Service web site and in the Federal Register) within the underwriting lim its listed for that Surety. The Mississippi agent or qualified nonresident agent shall be in good standing and currently licensed by the Insurance Commissioner of the State to re present the Surety co mpany(ies) executing the bonds. Surety bonds shall continue to be acceptable to the Commission throughout the life of the Contract and shall not be canceled by the Surety without the consent of the Department. In the event the Surety fails or becomes financially insolvent, the Contractor shall file a new bond in the amount designated by the Executive Director within thirty (30) days of such failure, insolvency, or bankruptcy. Subsequent to award of Contract, the Commission or the Department may require additional security for any Supplemental Agreements executed under the Contract or replacement security in the event of the surety(ies)’s loss of the ratings required above. Suits concerning bonds shall be filed in the State and adjudicated under its laws without reference to conflict of laws principles.
103.06 Blank.
103.07 Execution and Approval of Contract. The successful bidder to whom the
Contract has been awarded shall sign and file with the Executive Di rector the Contract and all documents required by the Contract within 10 days after the Contract has been mailed or otherwise provided to the bidder. The Contract may require certain documents be submitted at an earlier date, in which case, those documents shall be submitted within the time frame specified. If the Contract is not executed by the Department within 15 days following receipt of the signed Contract and all necessary documents, the bidder shall have the right to withdraw the bid withou t penalty. No Contract is in effect until it is executed by all parties.
103.08 Failure to Execute Contract. Failure of the bidder to execute the Contract and
file acceptable performance and payment bonds and/or other required documents within 10 days shall be just cause for the cancellati on of the award and forfeiture of the proposal guaranty, which shall become the property of the Department, not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsive and responsible bidder, or the work may be re-advertised at the discretion of the Department. SECTION 104 - SCOPE OF WORK
104.01 Intent of Contract. The intent of the Contract is to provide for the execution, construction, and completion in every detail of the work described, and to compensate the
Contractor for all acceptable work performe d in accordance with the provisions of the Contract. The Contractor shall furnish all labor, materials, equipment, supplies, transportation, supervision, methods and procedures necessary to complete the work in accordance with the plans, specifica tions and terms of the Contract.