1-9 THROUGH TRAFFIC: Traffic that can reach its destination by a route or routes other than
the facility under construction. TIME OF AVAILABILITY: That time established as set forth in the special provisions, by which it is anticipated that sufficient work sites within the project limits will be available for the Contractor to begin his control ling operations. TOTAL AMOUNT BID: Same as total price bid. The total amount bid will be considered to be the correct sum total obtained by adding together the amounts bid for every item in the proposal other than items that are authorized alternates to those items for which an amount bid has been established. UNBALANCED BID: A bid that includes any unbalanced bid price. UNBALANCED BID PRICE: A unit or lump sum bid price that does not reflect reasonable actual costs that the bidder anticipates for the p erformance of the item in question along with a reasonable proportionate share of the bidder's anticipated profit, overhead costs and other indirect costs. WORK: Work shall mean the furnishing of all labor, materials, equipment and incidentals necessary o r convenient to the successful completion of the project, or any part, portion or phase thereof, and the carrying out of all duties and obligations imposed by the contract. WORKING DRAWINGS: Stress sheets, shop drawings, erection drawings, falsework drawi ngs, cofferdam drawings, catalog cuts, or any other supplementary drawings or similar data that the Contractor is required to submit to the Engineer for review or approval.
102-1 Invitation To Bid
After the advertisement has been made, an Invitation to Bid will be made available on the Department’s web site to interested parties, informing them that bids will be received for the construction of specific projects. Such invitation s will indicate the contract identification number, length, locations and descriptions; a general summary of the items and approximate quantities of work to be performed; and the time and place for the public opening and reading of the bids received. Infor mation concerning the cost and availability of plans and proposals will be indicated in the Invitation to Bid . All projects will be advertised in daily newspapers throughout the state before the bid opening.
102-2 Contractor Prequalification
Contractors desiring to perform work on Department projects shall prequalify with the Department. Upon prequalification, contractors will be placed on the Department’s Prequalified Contract ors’ L ist on the Directory of Firms . The requirements for prequalification are as follows:
A.Bidder Prequalification
1.Applicant shall submit a completed Department Prequalification Application and Bidder Experience Questionnaire , along with any additional supporting information requested by the Department, as noted in the application and experience questionnaire package . Additional requirements for prequalification may be set forth in the bid proposal .
2.Applicant shall demonstrate that he has sufficient ability and experience in related transportation construction projects to perform the work specified in the Department’s contracts, including the type and dollar value of previous contracts. Sectio n 102
1-10 (3) Applicant shall demonstrate a history of successful performance and completion of
projects in a timely manner, subject to contract time adjustments.
4.Applicant shall demonstrate the financial ability to furnish bonds as specified in NCGS § 44A-26 and any other relevant statutes .
5.Applicant shall de monstrate sufficient and readily available equipment to perform transportation construction contracts in a timely manner .
6.Applicant shall demonstrate sufficient available experienced personnel to perform transportation construction contracts. The identiti es and qualifications of both management and labor work force shall be provided.
7.Applicant shall provide names and addresses of persons for whom the firm has performed related work. Responses from the references shall be on Department forms and shall be r eceived by the Department before evaluating the request for prequalification.
8.Applicant shall provide any information requested concerning the corporate and operational management structure of the company, the identity of persons or entities owning stock or other equity interest in the company, and the relationship between the applicant and any other company prequalified or applying for prequalification with the Department.
9.Applicant shall demonstrate, at the time of application for prequalification, the financial capacity to successfully complete projects containing the work types they so designate.
10.Applicant shall provide further information as may be required to determine that the firm is a responsible bidder.
11.Applicant shall submit a completed Pre-Bid No n-Collusion Certification , Debarment Certification and Gift Ban Certification in accordance with Article 102-9. These forms can be found on the Department’s website.
12.Applicant shall submit a completed Safety Index Rating Form with the Questionnaire and annually thereafter in accordance with Subarticle 102-2(D). Bidders shall renew annually and shall requalify every 3 years in accordance with Suba rticle 102-2(E). The Bidder Experience Questionnaire shall be completed in its entirety and signed by an officer of the firm. The officer’s signature shall be notarized. In addition to submitting the Bidder Experience Questionnaire , the prospective bidder shall submit supporting information in a format of his choosing to address the r equirements listed above. Prospective bidders shall obtain prequalification approval at least two business days prior to any letting in which they intend to submit a bid. It is recommended that t he prospective bidder file all required statements and docum ents with the State Prequalification s Engineer no less than 4 weeks before a given letting. A bid shall not be opened unless all prequalification requirements have been met by the bidder and have been found acceptable by the Engineer.
B.Purchase Order (PO) Prime Contractor Prequalification Contractors who have been approved to be placed on the Prequalified Bidders' List as noted above may perform work for the Department as a Purchase Order (PO) Prime Contractor and need not apply further. However, Purchase Order (PO) Prime Contractors will not be placed on the Prequalified Bidders' List unless they submit through the prequalification process described above.
1-11 (1) Applicant shall submit a completed Department Prequal ification Application along
with any additional supporting information requested by the Department, as noted in the application . Additional requirements for prequalification may be in the bid proposal .
2.Applicant shall demonstrate that it has sufficient ab ility and experience in related transportation construction projects to perform the work specified in Department contracts, including the type and dollar value of previous contracts.
3.Applicant shall demonstrate a history of successful performance and compl etion of projects in a timely manner, subject to contract time adjustments.
4.Applicant shall demonstrate sufficient and readily available equipment to perform transportation construction contracts in a timely manner.
5.Applicant shall provide further informat ion as may be required to determine that the firm is a responsible contractor.
6.Applicant shall submit a completed Pre-Bid Non- Collusion Certification , Debarment Certification and Gift Ban Certification in accordance with Article 102-9. These forms can be found on the Department’s website.
7.Applicant shall submit a completed Safety Index Rating Form with the application and annually thereafter in accordance with Subarticle 102-2(D). Purchase Order (PO) Prime Contractors shall renew annually and requalify every 3 years in accordance with Subarticle 102-2(E). The application shall be completed in its entirety and signed by an officer of the firm. The officer’s signature shall be notarized. In addition to submitting the a pplication, the firm shall submit supporting information in a format of his choosing to address the requirements listed above. Prospective Purchase Order ( PO) Prime Contractors shall obtain prequalification approval at least two business days prior to any letting in which they intend to submit a bid. It is recommended that the applicant file all re quired statements and documents with the State Prequalification s Engineer no less than 4 weeks before a given bid opening for their bid to be considered. A bid shall not be opened unless all prequalification requirements have been met by the applicant and have been found acceptable by the Engineer.
C.Subcontractor Prequalification Contractors who have been approved to be placed on the Prequalified Bidders' List or the Purchase Order (PO) Prime Contractor’s List as noted above may perform work for the Departm ent as a subcontractor and need not apply further. However, s ubcontractors will not be placed on the Prequalified Bidders' List or the Purchase Order (PO) Prime Contractor’s List unless they submit through the prequalification process described above .
1.Applicant shall submit a completed Department Prequalification Application along with any additional supporting information requested by the Department , as noted in the application . Additional requirements for prequalification may be in t he bid proposal .
2.Applicant shall demonstrate sufficient ability and experience in related transportation construction projects to perform the work specified in Department contracts, including the type of previous contracts.
3.Applicant shall demonstrate suff icient and readily available equipment to perform transportation construction contracts in a timely manner. Sectio n 102
1-12 (4) Applicant shall submit a completed Safety Index Rating Form with the Subcontractor
Application and annually thereafter in accordance with Subarticle 102-2(D) .
5.Applicant shall provide further information as may be required. Subcontractors shall renew annually and shall requalify every 3 years in accordance with Subarticle 102-2(E). The Subcontractor Application shall be completed in its entirety. In a ddition to submitting the Subcontractor Application , the prospective subcontractor shall submit supporting information in a format of their choosing to address the requirements listed above. The subcontractor shall file all required statements and documents with the State Prequalifications Engineer no less than 4 weeks before beginning work. A subcontractor will not be allowed to begin work until all prequalification requirements have been met by the subcontr actor and have been found acceptable by the Engineer.
D.Safety Index The Department will conduct a review of each firm’s safety index . To be prequalified, each firm shall maintain a satisfactory safety index. An overall safety index of at least 60 is consi dered satisfactory. An index between 60 and 69 may be considered marginal results in an in -depth safety audit of a firm’s safety practices and may result in one or more of the sanctions listed below as a result of a failing Safety Index. An overall safet y index equal to or less than 59 is considered unsatisfactory and will prohibit prequalification of new firms . A score of 59 or less for renewing or requalifying firms will result in disciplinary action pursuant to Subarticles 102 -2(D)( 1) through 102- 2(D) (4). The Engineer may require the Contractor to state in writing the reason for the unsatisfactory rating and produce such supporting data as may be necessary to evaluate the circumstances surrounding the rating. When the Contractor cannot provide justifi cation to raise the unsatisfactory safety index, the Engineer may invoke one or more of the following sanctions:
1.Removal of the firm from the Prequalified Contractors’ List,
2.Placement of the firm on probation for up to 2 years ,
3.Auditing of the firm’s safet y practices and
4.Giving a written warning to correct any safety deficiencies. Firms not approved or disqualified to bid or perform subcontract work due to an unsatisfactory safety index will not be approved or reinstated to bid or perform subcontract work until they can provide adequate evidence that all safety deficiencies have been corrected to the satisfaction of the Engineer.
E.Renewal and Requalification Renewal of firms shall occur annually on or before the firm’s anniversary date. Ren ewal shall consist of submitting an updated application . Bids of firms who fail to submit these documents by their anniversary date will be deemed non- responsive and not considered for award . The Engineer may review performance related issues when considering firms for renewal. Subcontractors who fail to submit these documents by their anniversary date will not be allowed to begin work on any new contracts until these documents are received and approved by the Engineer. Requalifying of firms shall occur e very 3 years. R equalifying shall consist of submitting an updated a pplication. Bids of firms who fail to submit these documents by their anniversary date will be deemed non-responsive and not considered for award. The Engineer may review performance rel ated issues when considering firms for
1-13 requalification. Subcontractors who fail to submit these documents by their anniversary
date will not be allowed to begin work on any new contracts until these documents are received and approved by the Engineer. It is recommended that t he renewing or requalifying firm file all required statements and documents with the State Prequalifications Engineer no less than 4 weeks before a given letting for their bid to be considered. Following the anniversary date, a bid will not be opened unless all renewal or requalification requirements have been met by the bidder and have been found acceptable by the Engineer. F ollowing the anniver sary date, a subcontractor may not begin any new work unless all renewal or requalification requirements have been met by the firm and have been found acceptable by the Engineer.
102-3 Proposals and Interested Parties List
On Department projects advertised the prospective bidder shall sign up on the Interested Parties List no later than one business day prior to the Letting day of that project, for which he intends to submit a bid. There is no cost for signing up on the Interested Parties List that can be found on the Department’s website at connect.ncdot.gov/letting. The proposal will state the location of the contemplated construction and show a schedule of contract items with the approximate quantity of each of these items for which bid prices are invited. It will set forth the date and time for the opening of bids. The proposal will include any special provisions or requirements that vary from , or are not contained in , the plans or Standard Specifications. The plans, Standard Specifications and other documents designated in the proposal shall be considered a part of the proposal whether or not attached. The names and identity of corporations, firms, partnerships, individuals, LLC s or joint ventures who have requested plans or proposals for the purposes of bidding shall be made public.
A.Paper Bids The proposal will include the printed contract forms and signature sheets for execution by both parties to the contract. In the event the bidder is awarded the contract, execution of the bid by the bidder is considered the same as execution of the contract. All papers bound with the proposal are necessary parts thereof and shall not be detached, taken apart or altered.
B.Electronic Bids The bidder shall bid in accordance with Subarticle 102-8(B).
102-4 Combination Bids
If the Department so elects, proposals may be issued for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The right is reserved to make awards on combination bids or separate bids to the best advantage of the Department. No combination bids, other than those specified by the Department in the proposal will be considered.
102-5 Interpretation of Quantities In Proposal
The quantities appearing in the proposal are approximat ions only and are to be used sole ly for the comparison of bids. Payment to the Contractor will be made in accordance with the contract. When revisions in the plans are made by the Engineer that affect the quantities shown for lump sum items, adjustment in compensation may be made under the provisions of Articles 104-3 or 104-7. Sectio n 102
1-14 102-6 Examination of Plans, Specifications, Contract and Site
OF WORK The bidder shall carefully examine the site of the work contemplated, the plans and specificatio ns, and the proposals and contracts therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered; the character, quality and scope of work to be performed ; the quantities of materials to be furnished ; and the conditions and requirements of the proposal , plans and contract under which his bid is offered. A bidder or contractor shall prior to bidding, make such independent investigation and examination as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality and quantity of material available from such property, and the type and extent of processing that may be required to produce material conform ing to the contract.
102-7 Subsurface Investigation Report
If a subsurface investigation report is available on a project, an electronic copy is available on-line with the project letting files. The subsurface report and the subsurface investigation on which it is based were made for study, planning and design and not for construction or pay purposes. The various field boring logs, rock cores and soil test data available may be reviewed or inspected . Contact the Geotechnical Engineering Unit to set up an appointment in the appropriate Regional office. The subsurface investigation report , the field boring logs, rock cores , and soil test data are not part of the contract. General soil and rock strata descriptions and indicated boundaries are based on a geotechnical interpretation of available subsurface data and do not necessarily reflect the actual subsurface conditions between borings or between sampled strata within the borehole. The laboratory sample data and the in -place test data can be relied on only to the degree of reliability inherent in the standard test method. The observed water levels or soil moisture conditions indicated in the subsurface investigations are as recorded at the time of the investigation. These water levels or soil moisture conditions may vary considerably with time according to climat ic conditions including temperature, precipitation and wind, as well as other nonclimatic factors. Details shown in the subsurface investigation report are preliminary only and the final design details may be different. For bidding and construction purpos es, refer to the contract for final design information on this project. The Department does not warrant or guarantee the sufficiency or accuracy of the investigation made, nor the interpretations made or opinions of the Department as to the type of materi als and conditions that may be encountered. The bidder or contractor shall make independent subsurface investigations, as to conditions to be encountered on this project. The Contractor assumes all risks for any discrepancies between the subsurface infor mation and the actual conditions encountered and expressly agrees that NCDOT is not liable for any such variances and shall have no claim for additional compensation or for an extension of time for any reason resulting from the actual conditions encountere d at the site differing from those indicated in the subsurface investigation.
102-8 Preparation and Submission of Bids
Prior to submitting a bid on a project, the bidder shall sign up on the Interested Parties List in conformance with Article 102 -3. The bidder shall submit a unit or lump sum price for every item in the proposal other than items that are authorized alternates to those items for which a bid price has been submitt ed. An amount bid shall be entered in the proposal for every item on which a unit price has been submitted. In the case of lump sum items, the price shall be written in figures in the Amount Bid column in the proposal. The bid shall not contain any unauthorized additions, deletions or conditional bids.
1-15 The bidder shall not add any provision reserving the right to accept or reject an award or to
enter into a contract pursuant to an award. The bid shall not be an unbalanced bid.
A.Paper Bids
1.The proposal provided by the Department shall be used and shall not be taken apart or altered. The bid shall be submitted on the same proposal that has been furnished to the bidder by the Department. The bid shall be accompanied by a bid bond on the form furnished by the Department or by a bid deposit. The bid bond shall be completely and properly executed in accordance with Article 102-10. The bid deposit shall be a certified check or cashier ’s check in accordance with Article 102-10.
2.All entries including signatures shall be written in ink.
3.The unit prices shall be rounded off by the bidder to contain no more than 4 decimal places.
4.An amount bid shall be entered in the proposal for every item on which a unit price has been submitted. The amount bid for eac h item other than lump sum items shall be determined by multiplying each unit bid price by the quantity for that item and shall be written in figures in the Amount Bid column in the proposal.
5.In the case of lump sum items, the price shall be written in fig ures in the Amount Bid column in the proposal.
6.The total amount bid shall be written in figures in the proper place in the proposal. The total amount bid shall be determined by adding the amounts bid for each item.
7.Changes in any entry shall be made by ma rking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the bidder shall initial the change in ink.
8.Suba rticle 103-2(A) will apply to Paper Bidding.
9.The bidder shall provide a Non- Collusion Certification , Debarment Certification and Gift Ban Certification in ac cordance with Articles 102-2 and 102-9.
10.Bids will be opened and read publicly in accordance with Article 102-13.
11.The Contractor shall submit a fully executed Execution of Contract, signature sheet and payment and performance bonds within 14 calendar days of receipt of award letter in accordance with Article 102-10.
12.The bid shall be properly executed. To constitute proper execution, the bid shall be executed in strict compliance with the following:
a.If a bid is by an individual, it shall show the name of the individual and shall be signed by the individual with the word Individually appearing under the signature. If the individual operates under a firm name, the bid shall be signed in the name of the individual doing business under the firm name.
b.If the bid is by a corporation, the President, Vice President, or Assistant Vice President shall execute it in the name of the corporation. The Secretary or Assistant Secretary shall attest it. T he seal of the corporation shall be affixed . If the bid is executed on behalf of a corporation in any other manner than as above, a certified copy of the minutes of the Board of Directors of said corporation authorizing the manner and style of execution and the authority of the person executing shall be attached to the bid or shall be on file with the Department. Sectio n 102
1-16 (c) If the bid is made by a partnership, it shall be executed in the name of the
partnership by one of the general partners.
d.If the bid is made by a limited liability company, it shall be signed by the manager , member or authorized agent and notarized.
e.If the bid is a joint venture, it shall be executed by each member of the joint venturers in the appropriate manner set out above. In addition, the execution by the joint venturers shall appear below their names.
f.The bid execution shall be notarized by a notary public whose commission is in effect on the date of execution. Such notarization shall be applicable to the bid.
13.The bid shall be pla ced in a sealed envelope and shall have been delivered to and received by the Department before the time specified in the Invitation to Bid .
B.Electronic Bids The Department will not be responsible if a bidder cannot submit his bid via the approved electron ic bidding software . Claims will not be accepted for such failure .
1.Obtain an account and valid Digital Signature to bid electronically.
2.Suba rticle 103-2(B) will apply to Electronic Bidding.
3.The bid shall be accompanied by an electronic bid bond or by a bid deposit. The bid bond shall be completely and properly executed in accordance with Article 102-10. The bid deposit shall be a certified check or cashier check in accordance with
Article 102 — 10.
4.The bidder shall provide a Non -Collusion Certification , Debarment Certification and Gift Ban Certificatio n in ac cordance with Articles 102-2 and 102-9.
5.All addenda and attachments will be considered part of the bid.
6.All bids shall be submitted with an electronically affixed digital signature. A ffixing a digital ID to the bid shall be the equivalent of signing before a notary public.
7.By submitting an electronic bid, the bidder certifies that he has read, understands, accepts, acknowledges and agrees to comply with al l statements, conditions and specifications in the electronic bid submittal.
8.Bids will be decrypted, opened, printed to paper and read publicly in accordance with Article 102-13.
9.The Contractor shall submit a fully executed Execution of Contract, signature sheet and payment and performance bonds within 14 calendar days of receipt of award letter in accordance with Article 102-10.
102-9 N On-Collusion Certification , Debarment Certification
AND GIFT BAN CERTIFICATION
A.General Prime Contractors and lower tier participants in each transaction involving public funds shall execute a Non -Collusion Certification , Debarment Certification and Gift Ban Certification . Transactions that require certifications from lower tier participants are:
1.Transactions between a Prime Contractor and a person, other than for a procurement contract, for goods or services, regardless of type.
2.Procurement contracts for goods and services, between a prime contractor and a person, regardless of type, expected to eq ual or exceed the Federal small purchase threshold fixed at 10 U.S.C. 3205 under a prime contract.
1-17 (3) Procurement contracts for goods or services between a prime contractor and
a person, regardless of the amount, under which that person will have a critical influence on or substantive control over the transaction. Such persons include, but are not limited to, bid estimators and contract managers. The certifications for both the Prime Contractor and the lower tier participants shall be on a form furnished by t he Department to comply with Federal Highway Administration requirements, as published in 49 CFR Part 29. The Prime Contractor is responsible for obtaining the certifications from the lower tier participants and is responsible for keeping them as part of the contract records.
B.Non-Collusion Certification In compliance with applicable Federal and State laws and regulations, each an d every bidder shall furnish the Department with a form certifying that the bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with his bid on the project. The certification shall conclusively indicate that the bidder intends to do the work with its own bona fide employees or subcontractors and is not bidding for the benefit of another contractor.
C.Debarment Certification In compliance with applicable Federal and State laws and regulations, each and every bidder shall furnish the Department with a debarment certification, stating that he is not debarred, or if he is debarred, an explanation shall be included. The explanation will not necessarily resul t in denial of participation in a contract. Failure to furnish a certification or an explanation will be grounds for rejection of a bid. If the prequalified bidder’s status changes, he shall immediately submit a new fully executed debarment certification with an explanation of the change. Failure to have a fully executed Non -Collusion Certification , Debarment Certification and Gift Ban Certification on file in the Contractual Services Office before submitting bids will cause those bids to be non- responsive.
1.Paper Bid Execution of Bid, Non-Collusion Certification , Debarment Certification and Gift Ban Certification forms will be included in the p roposal as part of the signature sheets. Execution of the signature sheets will constitute Execution of the Bid, Non-Collusion Certification , Debarment Certification and Gift Ban Certification .
2.Electronic Bids The prequalified bidder shall have a fully executed Non-Collusion Certification , Debarment Certification and Gift Ban Certification on file in the Contractual Services Office before submitting his bid. F orms may be downloaded from the Department’s website. The bidder shall provide a Debarment Certification in the electronic bid submittal. If a bidder cannot provide the Debarment Certification required, he shall provide an explanation in the electronic submittal. Within 14 calendar days after notice of award is received by him, the successful bidder shall submit a fully executed Execution of Contract , Non-Collusion Certification , Debarment Certification and Gift Ban Certification signature sheet .
102-10 Bid Bond Or Bid Deposit
Each bid shall be accompanied by a corporate bid bond or a bid deposit of a c ertified or cashier’s check in the amount of at least 5% of the total amount bid for the contract. When a bid is secured by a bid deposit, the execution of a bid bond will not be required. Sectio n 102
1-18 If the bidder has failed to meet all conditions of the bid bond and the Department has not
received the amount due under the bid bond, the bidder may be disqualified from further bidding as provided in Article 102-15. No bid will be considered or accepted unless accompanied by one of the foregoing securities. The bid bond shall be executed by a corporate surety licensed to do business in North Carolina . The certified check or cashier’s check shall be drawn on a bank o r trust company insured by the Federal Deposit Insurance Corporation. Both shall be made payable to the Department of Transportation in an amount of at least 5% of the total amount bid for the contract. The condition of the bid bond or bid deposit is: the Principal shall not withdraw its bid within 60 days after the opening of same and, if the Department shall award a contract to the Principal, the Principal shall, within 14 calendar days after the notice of award is received by him , give payment and pe rformance bonds with good and sufficient surety as required for the faithful performance of the contract and for the protection of all persons supplying labor and materials in the prosecution of the work . In the event of the failure of the Principal to give such payment and performance bonds as required, then the amount of the bid bond shall be immediately paid to the Department as liquidated damages, or, in the case of a bid deposit, the deposit shall be forfeited to the Department. Withdrawal of a bid due to a mistake made in the preparation of the bid, where permitted by
Article 103 — 3, shall not constitute withdrawal of a bid as cause for payment of the bid bond or
forfeiture of the bid deposit. When a bid is secured by a bid bond, the bid bond shall be on the form furnished by the Department. The bid bond shall be executed by both the bidder and a corporate surety licensed under the laws of North Carolina to write such bonds. The execution by the bidder shall be in the same manner as required by Articl e 102-8 for the proper execution of the bid. The execution by the corporate surety shall be the same as is provided for by Subarticle 102-8(A)(8)(b), for the execution of the bid by a corporation. The seal of the corporate surety shall be affixed to the bid bond. The bid bond form furnished is for execution of the corporate surety by a General Agent or Attorney in Fact. A certified copy of the Power of Attorney shall be attached if the bid bond is executed by a General Agent or Attorney in Fact. The P ower of Attorney shall contain a certification that the Power of Attorney is still in full force and effect as of the date of the execution of the bid bond by the General Agent or Attorney in Fact. If the bid bond is executed by the corporate surety , the President, Vice President or Assistant Vice President, and attested to by the Secretary or Assistant Secretary, then the bid bond form furnished shall be modified for such execution, instead of execution by the Attorney in Fact or the General Agent. An ele ctronic corporate sur ety bid bond for at least 5% of the total amount bid shall accompany each electronic bid, or the Contractor may submit a certified check or cashier’s check instead of an electronic bid bond. The certified check or cashier’s check shal l be for at least 5 % of the total amount bid, shall be received by 5 :00 p.m. the last business day before the bid letting and shall be delivered to the Contract Officer at the address shown in the Invitation to Bid . Contact a bond management compan y to acq uire the necessary service to submit an electronic bid bond that is compatible with the Department’s approved electronic bidding software.
102-11 Delivery of Bids
Paper Bids shall be delivered before the time and place specified in the contract. Bids received after such time will not be accepted and will be returned to the bidder unopened. Electronic Bids shall be submitted via approved Department electronic bidding software in accordance with Article 102-8.
1-19 102-12 Withdrawal Or Revision of Bids
A.Paper Bid A bidder may, without prejudice to himself, withdraw a paper bid after it has been delivered to the Department, provided the request for such withdrawal is made , in writing, to the Contract Officer before the date and time set for the opening of bids. The bidder may then submit a revised bid provided it is received before the time set f or opening of bids. Only those persons authorized to sign bids under the provisions of Subarticle 102- 8(A)(8) shall be recognized as being qualified to withdraw a bid.
B.Electronic Bid An electronic bid may be changed and resubmitted as many times as desired before the advertised bid opening time specified in the Invitation to Bid . The latest time stamped electronically submitted bid before the advertised bid opening time will constitute the bid. Withdrawal of a bid after the date and time set for the openin g of bids will be permitted only in accordance with Article 103-3.
102-13 Receipt and Opening of Bids
A bid will be received and opened from any bidder who:
A.Is prequalified in accordance with the provisions of Article 102-2 and
B.Has delivered the bid to the place indicated in the contract before the time indicated in the Invitation to Bid .
1.Paper Bids will be opened and read publicly at the time and place indicated in the Invitation to Bid .
2.Electronic Bids will be decrypted, opened, printed to paper and read publicly at the time and place specified in the Invitation to Bid . Bidders, their authorized agents and other interested parties are invited to be present. A bid received from a bidder who has not complied with the above requirements will under no circumstances be considered for award. In the event of technical difficulties or adverse weather conditions, the Department reserves the right to postpone the reading of bids past the advertised bid opening time and date.
102-14 Rejection of Bids
Any bid submitted that fails to comply with any of the requirements of Article s 102-8, 102- 9 and 102-10 shall be considered irregular and may be rejected. Irregularities due to apparent clerical errors and omissions may be waived in accordance with
Article 103 — 2.
Any bid including any unit or lump sum bid price that is unbalanced to the potential detriment of the Department will be considered irregular and may be rejected. In the event the Board determines it is in the best public interest to accept such irregular bid, it may award the contract based on such bid subject to Subarticle 109-4(C). All bidders shall comply with all applicable laws regulating the practice of general contracting as contained in Chapter 87 of the General Statutes of North Carolina , except where waived by the Department by project special provision for certain specialty work. Bidders shall comply with a ll other applicable laws regulating the practices of electrical, plumbing, heating and air conditioning and refrigeration contracting as contained in Chapter 87 of the General Statutes of North Carolina. Sectio n 102
1-20 (A) State Funded Projects
The bidder shall be licensed by the North Carolina Licensing Board for General Contractors where the bid is $30,000 or more. Bids received from bidders not meeting this requirement will be considered non- responsive and wil l not be considered for award.
B.Federal Aid Projects The bidder is not required to be licensed by the North Carolina Licensing Board for General Contractors to place a bid of $30,000 or more. However, a project may not be awarded until the bidder provides evidence that the appropriate Ge neral Contractor license has been obtained. The license shall be obtained within 60 days of bid opening or the project may be awarded to another bidder or all bids rejected. No contract time extension will be considered for delays associated with obtaini ng a license. The right to reject any and all bids shall be reserved to the Department.
102-15 Disqualification of Contractors Or Subcontractors
Any one of the following causes may be justification for disqualifying a Contractor from further bidding, or a Subcontractor from performing work, until he has applied for and has been requalified in accordance with Article 102-2 as applicable :
A.Unsatisfactory progress in accordance with Article 108-8.
B.Being declared in default in accordance with Article 108-9.
C.Uncompleted contracts which, in the judgment of the Engineer, might hinder or prevent the timely completion of additional work if awarded.
D.Failure to comply with prequalification r equirements.
E.The submission of more than one bid for the same contract by individual s, partnerships , joint venture s, LLC s or corporation s whom the Department determines are under sufficient common ownership and management control to warrant the firms be considered a single entity.
F.Evidence of collusion among bidders. Each participant in such collusion will be disqualified.
G.Failure to furnish a Non -Collusion Certification , Debarment Certification or Gift Ban Certification upon request.
H.Failure to comply with Article 108-6.
I.Failure to comply with a written order of the Engineer as provided in Article 105-1, if in the judgment of the Engineer, such failure is of sufficient magnitude to warrant disqualification.
J.Failure to satisfy the Minority, Women or Disadvantaged Business Enterprise requirements of the project special provisions.
K.The Department has not received the amount due under a forfeited bid bond or under the terms of a perform ance bond.
L.Failure to submit the documents required by Article 109-10 within 60 days after request by the Engineer.
M.Failure to return overpayments as directed by the Engineer.
N.Failure to maintain a satisfactory safety index as required by Article 102-2.
O.Failure to restrict a former Department employee as prohibited by Article 108-5.
P.False information submitted on any application, statement, certification, reports, records or reproduction.
Source: North Carolina Standard Specifications for Roads and Structures, 2024 Edition. Pages 17–28 of 857.