102.01 Joint-Venture Bids
Execute a “Declaration of Joint Venture and Power of Attorney” form, available from the Department’s Engineering Construction Contracting Bureau, to submit bid packages for highway construction as a joint venture. Designate the joint venture business name and specifically authorize a person to execute all bid packages and contracts with the Department on behalf of all individuals and legal entities of the joint venture. Authorize this person to receive all monies due under the contract and issue binding receipts and releases with the Department. Include joint-venture affidavits in the proposal. Joint venture firms do not need to separately incorporate.
102.02 Contents of Bid Package
The bid package ordinarily includes the following:
1.Proposal.
2.DBE Requirements.
3.Schedule of Items.
4.Special Provisions.
5.Current Supplemental Provisions.
6.Wage rate schedules.
7.Other documents included by reference but not attached.
8.FHWA form 1273 (Required Contract Provisions for Federal-aid Construction Contracts), when applicable.
9.EEO Affirmative Action Requirements on Federal and Federal-aid Construction Contracts; and
10.Contract Plans.
102.03 Contractor Registration
Montana law requires all contractors, except those exempted by MCA 39-9-211, to register with the Montana Department of Labor & Industry. Register before executing a contract on federal-aid projects. Register before submitting a bid on state-funded projects. Contact the Department of Labor & Industry at (406) 444-7734 for more information.
102.04 Issuance of Proposals
The Department reserves the right to refuse to issue a bid package to a bidder for any of the following reasons:
A.Uncompleted work that the Department determines might hinder or prevent the prompt completion of additional work.
B.Default under previous contracts.
C.Failure to reimburse the Department for an overpayment made on any contract or contracts after written notification of the overpayment that is due.
D.Failure to pay, or satisfactorily settle, all bills due for labor and material on any contract in force at the time of issuance of proposals.
E.Unsatisfactory performance on a previous or current contract; or
F.Misconduct that is of such a serious nature as to adversely affect the Contractor’s ability to perform future work. 102 – BIDDING REQUIREMENTS 2020 EDITION V5.1 AND CONDITIONS 102-2 Request bid packages from the Department. Pay the Department the sum stated in the Invitation for Bids for each copy of the bid package.
102.05 Quantities of Work In The Proposal
Submit unit bid prices for the estimated quantities. Estimated quantities may be increased or decreased under the contract. Payment is made for the actual quantities of work performed and accepted or materials furnished and accepted under the contract.
102.06 Examination of Documents and Site of Work
Examine the proposed work site including the existing field staking and documents before submitting a proposal. Submitting a proposal is an affirmative statement by the bidder that the bidder has examined the site and is satisfied with the conditions to be encountered in performing the work and the bid package requirements. The Department is not bound by any statement or representation concerning conditions or description of the work unless included in the bid package. Do not rely on oral explanations or instructions given by Department employees or agents before award of the contract. Accept these as non-binding oral explanations or instructions and relying on them is solely at the Bidder’s risk. The following are for informational purposes only and are not part of the contract:
1.Mass Diagrams.
2.Dirt runs.
3.Bridge as-builts. The Department does not guarantee the accuracy of these documents. The information contained in the mass diagrams and dirt runs are only one example of how the project can be built. The contractor should not rely solely on the bridge as-built drawings provided for bidding purposes. The Contractor is responsible for using its own means and methods for determining how the job is to be built. The Contractor’s reliance on these documents is at their own risk. Immediately submit any request for an explanation of the meaning or interpretation of the bid package to the Department’s Q & A Forum found at http://www.mdt.mt.gov . The records of any subsurface investigation conducted by the Department are available for inspection as a public document. When not included in the bid package, inspect available records at the Materials Bureau, Bridge Bureau in Helena, or the District where the project is located. The records of subsurface investigations are not a part of the bid package or contract but are available to all bidders for informational purposes only. There is no warranty or guaranty, either expressed or implied, that the subsurface investigation records disclose the actual conditions that will be encountered during the performance of the work. Department subsurface investigation results may differ from a bidder’s independent subsurface evaluation due to different sampling techniques, the date of the investigation, etc. Using or relying on Department subsurface investigations is at the bidder’s risk. The bidder must perform and rely on its independent subsurface evaluation made before submitting a bid proposal. Submittal of a bid is an affirmative statement that an independent subsurface evaluation was made, and Department subsurface investigations were not relied on. Individual test boring log data included in the 2020 EDITION V5.1 BIDDING REQUIREMENTS – 102 AND CONDITIONS 102-3 Department’s subsurface investigation records apply only to that particular boring taken on the date indicated. The character of any material or conditions between or around test borings on the date of the site examination is not conclusive. Submission of a bid waives any potential claim of the above, including a claim of justifiable reliance on such information or materials. Do not take advantage of an apparent error, omission, or ambiguity in the bid package. Upon discovery, immediately submit the discovery to the Department’s Q & A Forum found at http://www.mdt.mt.gov if an error, omission, or ambiguity exists and why it appears erroneous, omitted, or ambiguous. Advise bidders submitting a subcontract quotation of this obligation and clarify their responsibility to include this information with their subcontract quotation. The Department will clarify the error, omission, or ambiguity and, if necessary and possible, issue an addendum to all prospective bidders before opening bid packages. Do not submit a bid proposal or a subcontract quote without receiving clarification. Failure to provide written notification is a waiver of the error, omission or ambiguity, and additional compensation or contract time will not be allowed. The Department, for most projects, prepares preliminary bid packages (plans and special provisions) to provide advance notice to prospective bidders of the general requirements for those projects. Preliminary packages are not in final form, and there may be substantial changes between the preliminary and final bid package released for bid letting. Use the preliminary packages only for general familiarization with the project. Request final bid packages for use in bidding. Do not base any bid on a preliminary package.
102.07 Bidding Requirements
Submit bids only using the Electronic Bid System (EBS) that generates the required Proposal, Schedule of Items, DBE requirements, and indicates acknowledgement of addenda if applicable.
A.Distribution Procedures. The Department will make electronic bid files and addendum files available to prospective bidders. Bidders may obtain EBS packages free of charge from the Department’s Contractor’s System Internet Site, http://www.mdt.mt.gov. Hardcopy bid packages are available for a fee from the Engineering Construction Contracting Bureau.
B.Bidding Requirements. Ensure bids submitted using the EBS format contain a Proposal guarantee, an EBS generated Proposal, Schedule of Items, and DBE requirements when applicable. Ensure the EBS Schedule of Items is a single continuous printout for each individual bid, evidenced by all Schedule of Items sheets having the same check number. Written changes to the Schedule of Items, or a bidder’s non-submission of every page from the AASHTOWare Project Bids TM EBS file, (including all Schedule of Items pages and all DBE pages), automatically renders the bid non-responsive, and the bid will not be read or considered. Acknowledge addenda using the amended EBS project file to generate the Proposal, Schedule of Items and DBE requirements. The printout indicates acknowledgment of receipt of addenda when the correct project file is used. Return an electronic storage device containing the complete project files for all projects bid with the bid package. It is the bidder’s responsibility to ensure that they acquire and apply addenda files when applicable. 102 – BIDDING REQUIREMENTS 2020 EDITION V5.1 AND CONDITIONS 102-4
C.Determination of Bid Responsiveness. Bids are opened at the designated time and inspected to determine if the following requirements are met:
1.Schedule of Items. Unit Prices are provided for all required bid items. A complete and verifiable Schedule of Items is provided. Each sheet of the Schedule of Items must contain the same check number, to ensure that the unit bid prices correspond with the total. There are no written changes to the Schedule of Items.
2.Proposal Guarantee. The bid bond is on the most current version of MDT-CTP-102-07-1; is signed and sealed in the proper places; a copy of the agent’s Power of Attorney for the insurance company is attached; and contains the correct and complete project number; all signatures are original (stamped signatures are unacceptable). A qualified third-party surety agency must verify the proposal guarantee. Electronic bid bond verification must be submitted through AASHTOWare Project Bids and Bid Express TM. Contact Bid Express for more information on electronic bid bond verification. If an error occurs with electronic bid bond verification through AASHTOWare Project Bids and Bid Express, submit the Electronic Bid Bond Form MDT-CTP-102- 07-2 in Adobe PDF format via email to mdtcntplns@mt.gov prior to the bid opening. Hard copy or paper bid bonds submitted to the Department will not be accepted. Bids that include submission of a bid bond without electronic verification or Electronic Bid Bond Form CPB_102_07 will be deemed non-responsive.
3.Addenda. All addenda are acknowledged by using the correct electronic file.
4.Proposal. The proposal is signed and notarized in the designated places or in acceptable digital format; and all signatures are original (stamped signatures are unacceptable). A bid is non-responsive if any of the above requirements is not met. For non-responsive bids, only the Contractor’s name, and the reason for the non- responsiveness determination, will be announced at the letting. The Department retains non-responsive bids. Submission of a bid is a statement by the bidder that sufficient time was available to adequately prepare a Proposal and conduct a complete investigation of the work site and all contract documents.
102.08 Rejection of Bid Proposals
The Commission reserves the right to reject bid Proposals, waive technicalities, or advertise for new Proposals. A Proposal is irregular and will be rejected as non-responsive for any of the following:
A.Failure to complete the bid bond form, or Proposal, provided by the Department, by all specified persons, including notaries, in the correct blocks.
B.There are unauthorized additions, conditional or alternate bids, or irregularities that make the bid package incomplete, indefinite, or ambiguous.
C.The Proposals for two or more projects advertised separately are connected or made contingent one upon the other so that the Proposal for one project carries a provisional deduction in the bid price on one or more of the other projects.
D.Any unauthorized provisions are added reserving the right to accept or reject an award or to enter into a contract pursuant to an award. 2020 EDITION V5.1 BIDDING REQUIREMENTS – 102 AND CONDITIONS 102-5
E.More than one Proposal for the same work from an individual, firm, corporation, partnership, or joint venture under the same or different name is submitted using the same format.
F.Evidence of collusion among bidders exists. Participants in collusion will not receive recognition as bidders, either singly or as a joint venture, for future Department work until reinstated as qualified bidders.
G.Bidder fails to properly complete and sign, by original signatures, on the most current Department-furnished Proposal and appropriate bid bond forms. Stamped signatures are not authorized.
H.Failure to acknowledge receipt of electronic addenda by using the correct electronic files.
I.Failure to provide a complete Schedule of Items, or an unverifiable Schedule of Items. Each sheet of the Schedule of Items must contain the same check number, to ensure that the unit bid prices correspond with the total.
J.The bidder does not submit all pages from the AASHTOWare Project BidsTM EBS file. A bid Proposal is considered irregular and may be rejected as non-responsive for any of the following:
A.The Department-furnished Proposal is altered.
B.Bidder fails to include a name and mailing address.
C.The unit prices contained in the Proposal are mathematically and/or materially unbalanced.
D.Information entered in the Proposal by the bidder is not legible.
E.There are changes in the Proposal such as erasures, strikeouts, and whiteouts that are not initialed in ink.
F.Non-compliance with the DBE requirements. If Bid Express TM Software indicates an error, the Department will determine if the Proposal is non-responsive.
102.09 Proposal Guaranty
Make the Proposal guaranty unconditionally payable to the Department for no less than 10% of the Proposal. Provide the guaranty by bid bond with the Proposal. The guaranty must be a bid bond executed by a surety corporation authorized to do business in the State of Montana.
102.10 Delivery and Public Opening of Proposals
Bid Proposals are opened publicly at the place, time, and date specified in the “Invitation for Bids.” Submit by the date and hour set for the opening of bid Proposals to the Department officials conducting the bid opening. The clock designated by the Department bid opening officials determines the bid opening time. Bid proposals will be deemed non-responsive if:
1.Proposals are received after the specified time.
2.Submitted by facsimile machines.
3.Submitted by sealed envelope.
4.Not properly addressed and identified. 102 – BIDDING REQUIREMENTS 2020 EDITION V5.1 AND CONDITIONS 102-6 Submit bids via the Internet and Bid ExpressTM.
1.Access to the electronic bidding information is available on Bid ExpressTM at www.bidx.com and the MDT Contractors System Internet Site at http://www.mdt.mt.gov.
2.When installing the Bid program, enter the vendor code that was issued by the Department. Before running the electronic bidding programs, read the on-line help documentation for the AASHTOWare Project BidsTM software.
3.Acknowledge all addenda in the electronic bid submitted.
4.Select tools and then check bid from the Windows AASHTOWare Project BidsTM menu to check the bid and ensure there are no errors prior to submitting the electronic bid. The electronic bid may be changed and resubmitted electronically to Bid Express TM as many times as desired before the advertised cutoff time. The last bid submitted for a given Bid opening as of the cutoff time will be the only bid considered. If a bidder chooses to submit Proposal using Bid ExpressTM and submits a hard copy bid, the electronic copy of the bid controls.
5.Make no claim against the Department in the event it is unable to submit its bid to Bid ExpressTM and/or Bid ExpressTM is unable to submit the bid(s) to the Department. The Department reserves the right to postpone or cancel the public opening of bids in the event of internet, Bid ExpressTM or Department technical difficulties.
102.11 Withdrawal of Proposals
Submit withdrawal requests to ECCB before the time set for opening bid proposals. A bidder may withdraw any Proposal using EBS, in person, through an authorized agent, or by submitting the bid withdrawal from to ECCB via email (mdtchtplns@mt.gov ) before any bid Proposal on that project is opened. If a bidder discovers a material (factual, not judgmental) mistake in its bid after the bids have been opened, the bidder understands and agrees that it may either perform the contract as originally bid or request permission from the Department to withdraw its bid. The request must be received by ECCB no later than 4:30 p.m. 2 business days after the day of the bid opening (not counting the day of the opening). The notice must be by a notarized affidavit, under penalty of false swearing, signed by the bidder and accompanied by all worksheets used in the preparation of the bid, requesting relief from forfeiture of the bid bond and the responsibilities of award. The affidavit must describe the specific error(s), how they were made and who made them, and must certify that the worksheets provided are those that were used in preparing the erroneous bid. The Department will review the request to determine if a mistake occurred, was material and factual, and whether the bid should be allowed to be withdrawn. If the Department does not concur in the error or determines that the error has not been sufficiently proven, it may recommend awarding the contract. If the bidder refuses to execute the awarded contract as it was bid, the bid bond will be forfeited as stated under Section 18-1-204 MCA .
102.12 Debarment
Federal statutes and regulations adopted pursuant to federal statutes, require that any firm or individual submitting a bid on a federal-aid project certify compliance with Part XI of FHWA form 1273 ( Required Contract Provisions - Federal-aid Construction Contracts) and that firm or individual must obtain and furnish the Department certification that all subcontractors, material 2020 EDITION V5.1 BIDDING REQUIREMENTS – 102 AND CONDITIONS 102-7 suppliers, vendors, and other lower tier participants used are in compliance with Part XI of FHWA form 1273. Make certification part of each subcontract, material supply agreement, purchase order, and other covered lower tier transaction. Covered lower tier transactions include primary material purchases for contract items incorporated into the work. The Department’s debarment policies and procedures begin at Section 18.3.101 ARM .
102.13 Materials Guaranty
The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of materials to be used in the construction of the work, together with samples to be tested for conformance with the contract requirements. Include the costs of furnishing the statements and samples in the bid.
102.14 Wage Rates – Construction Types
Prevailing wage rates for the work must be in accordance with the United States Department of Labor Current Prevailing Wage Publications and will be classified as follows:
1.Workers performing grading work (excavation, embankment, borrow),
2.pavement work (removal, cold milling, recycling, placement),
3.erosion control, re-vegetation work (seeding, topsoil, landscaping, irrigation),
4.production and placement of aggregates (CAC, riprap),
5.utility work (installation/removal of underground utilities, culverts, manholes), or
6.traffic control, pavement markings, signing, and appurtenances (installation/removal of sidewalk and associated handrail, curb & gutter) are considered working under Highway Construction wage rates. Workers performing a type of work not listed above and inside the drip line of the structure are considered working under Building Construction wage rates.
102.15 Venue
In the event of any dispute concerning a project, whether over its advertisement, bidding, award, execution, or claim, any litigation filed by or against the Department has venue only in Lewis and Clark County.
102.16 Consent To Contract Provisions
The submission of a bid is an affirmative statement that the bidder and its proposed Subcontractor(s) consent to the entire bid package provisions upon which the bidder has submitted its bid. That consent extends to all portions of the bid package and applies to all the bidder’s subcontractors. Do not submit a bid proposal unless consent to all the bid package provisions is given.
102.17 Public Works Contract
Department projects under these specifications are public works contracts. Projects under these specifications require Contractors to provide all resources necessary to complete the project, fully complying with its plans and specifications. They are not “sales”, nor are they sales of “goods”, as those terms are used in Montana’s Uniform Commercial Code (UCC). The UCC, particularly its Chapter 2, does not apply to these projects, and the contractor concurs with that by submitting its bid.
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Source: Standard Specifications for Road and Bridge Construction, 2020 (v5.1) Edition. Pages 49–56 of 611. View official source ↗