NJDOT 102: Bidding Requirements and Conditions

SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

102.01 Qualification To Bid

The Bidder is an individual, firm, or corporation submitting a bid for the advertised Work. The Department will not accept bids from Bidders who fail to meet all of the following criteria:

1.The Bidder has been prequalified according to regulations covering the Classification of Prospective Bidders as required by N.J.S.A. 27:7-35.1, et seq.

2.Before the receipt of the bid or accompanying the bid, the Bidder has disclosed ownership as required by

N.J.S.A. 52:25-24.2.

3.At the time the bid is delivered, the Bidder has an effective maximum and project ratings of not less than the amount of its bid.

4.If the Bidder is a corporation not incorporated in the State, the Bidder has been authorized to do business in the State as required by N.J.S.A. 14A:15-2, et seq.

5.For wholly State Funded Projects, the Bidder has a valid, current registration with the New Jersey Department of Labor, Division of Wage and Hour Compliance as required by “Public Works Contractor Registration Act,”

N.J.S.A. 34:11-56.48, et seq.

102.02 Bidder Registration and Downloading of The Proposal Documents

This Contract is being bid by use of an electronic bidding process. Electronic bidding information is available on the Department’s website. Registration and a subscription fee are required to access the Proposal documents. The Bidder shall download the bidding software. When installing the bid program, the Bidder enters its vendor code assigned by the Department. The Bidder shall not alter or in any way change the software. The Bidder shall download all Proposal documents from the Department’s website. The Department assumes no responsibility for errors or omissions in the downloaded Proposal documents except as spec ifically provided for in the Contract. The Bidder shall direct questions or problems with downloading or using the electronic files to the contacts identified on the website.

102.03 Revisions Before Submitting A Bid

The Department will only issue written, graphic, or electronic information to clarify, correct, or change the Proposal documents, Contract, or bidding notices as addenda posted on the website before the opening of bids. It is the obligation of the Bidder to check the Department’s website for addenda. The Department will not post addenda less than 24 hours before the time set for the opening of bids, with the exception of addenda postponing the opening of bids. The Bidder shall acknowledge all addenda posted through the Department’s website. The addenda acknowledgement folder is included in the Department’s electronic bidding file. The Department has the right to reject the bid if the Bidder has not acknowledged all addenda posted. Certain addenda contain amendments. Amendments require revisions to the schedule of Items to be bid. The Bidder shall ensure that the schedule of Items to be bid submitted contains all appli cable amendments. The Department has the right to reject bids that do not contain all applicable amendments to the schedule of Items to be bid.

102.04 Examination of Contract and Project Limits

The Bidder shall carefully examine the Contract and the Project Limits of the proposed Project before submitting a bid. The Bidder shall provide written notice to the Project Manager, as specified in the Special Provisions, at least 48 hours in advance of any visits to the Project Limits. The Bidder shall ensure that staff visiting the Project Limits have proper identification. If conditions of the Project Limits are inconsistent with the Contract or there are discrepancies, conflicts, errors, omissions, or ambiguities within the Contract, the Bidder shall immediately notify the Department as specified in 101.04. The Bidder shall evaluate subsurface conditions to determine how these con ditions may affect the methods and cost and time of construction. The Bidder shall evaluate, with respect to possible material sources, the quality and quantity of material available, applicable regulatory requirements, and the type and extent of processi ng that may be required to produce material conforming to the requirements of the Contract. It is understood and agreed that the Bidder has considered in its bid all of the permanent and temporary utilities in their present, new, or relocated positions to the extent required by the Contract and as revealed by its own investigations. It is also understood and agreed that the Bidder is aware that a Utility’s service demands, field conditions, and emergencies may affect the Utility’s ability to comply with the proposed schedules for utility work. The structures containing lead paint and the locations of the lead, if any, are listed in the Special Provisions. Items 1 through 3 below are not a part of the Contract and are made available for information only. The boring logs and pavement cores are part of the Contract, but any reports or interpretations of them are provided for information only. The Department makes no representation, warranty, or guarantee, expressed or implied, by making reports or interpretations available. It is the Bidder’s responsibility to obtain the following information:

1.Evaluation of Subsurface and Surface Conditions. The Bidder may inspect the records of the Department’s subsurface investigation through the Department’s Engineering Documents Unit, 1035 Parkway Avenue, P.O. Box 600, Trenton, N J 08625-0600. This investigation is not a substitute for the Bidder’s own evaluation or judgment in preparing a bid. The Bidder should not rely on any estimates or quantities included in these investigations. The conditions indicated by such investigations or records thereof, and as shown by the cross sections in the Plans may not be representative of those existing throughout such areas. The Bidder may encounter materials other than, or in proportions different from, those indicated. The soil and rock descriptions shown on the boring logs are determined by a visual inspection of samples from the various explorations, unless otherwise noted. The Department may make these samples available for nondestructive examination. The observed water levels and other water conditions indicated on the boring logs are as recorded at the time of the exploration. These levels and other conditions may vary considerably, with time, according to the prevailing climate, rainfall, and other factors. If a generalized soil profile is described in the text, it is intended to convey trends in subsurface conditions. The boundaries between strata are approximate and idealized and have been developed by interpretations of widely spaced explorations and samples. The Bidder is charged with knowledge of the State’s physical geography and geology, and in performing its Project Limit evaluation is fully aware of the available publications on that subject matter. The International Roughness Index (IRI) values of the existing roadway and the Pavement Core Record, if any, are listed in the Special Provisions.

2.Utility Agreements. In addition to what is specified in 105.07, the Bidder may inspect or request copies of the Utility agreements, modifications, and orders relating to the Contract through the Department’s Division of Project Management, 1035 Parkway Avenue, P.O. Box 600, Trenton, NJ 08625-0600.

3.Existing Plans and As -Builts. The Department will provide a list of existing structures bearing structure numbers within the Project Limits on the Plans. The Department will list the existing plans including structural plans, contour maps and as-built plans used in the development of the Contract in the Special Provisions. The Bidder may download the existing plans including structural plans, contour maps and as -built plans of Department-owned facilities through the electronic bidding process along with the Proposal documents. The Bidder shall obtain plans of municipality-owned or county-owned facilities through the municipality or county. The Bidder shall verify information obtained from the existing documents with regard to its application to bidding and performing the Contract. Submission of a bid is confirmation that the Bidder has made an independent evaluation and examination and is fully aware of the requirements of the Contract, including all restrictions. Further, the Bidder warrants that the bid prices include all costs to complete the Work.

102.05 Interpretation of Quantities In The Proposal

The quantities appearing in the Proposal are estimates. The Department has a right to increase or decrease the quantities of Work, or has the right to eliminate Items in their entirety, at its sole discretion.

102.06 “If and Where Directed”

The Proposal may include Items for which the Department has designated quant ities as “if and where directed.” The estimated quantities set out in the Proposal as “if and where directed” quantities are presented for the purpose of obtaining a representative bid price, but are not indicative of the Department’s intent regarding incorporation into the Project. The RE has the right to direct the Contractor to perform work using “if and where directed” quantities.

102.07 Preparation of The Bid

The bid is the completed Proposal documents that are submitted by the Bidder to the Department at the time for the opening of bids. The Bidder shall submit a bid produced from the software that was downloaded from the Department’s electronic bidding website. The Bidder shall include all addenda in the bid. The Bidder shall specify a price in numerals for each Item. The Bidder shall insert the price in the box p rovided for the lump sum Item under the column designated as “Amounts.” For unit price Items, the Bidder shall insert the per unit price under the column designated “Unit Price” in the appropriate box at the location provided therefore. When the Bidder i ntends to bid zero ($0.00) for an Item, the Bidder shall insert a “0” in the “Unit Price” and “Amounts” columns for unit price Items or in the “Amounts” column for lump sum Items. Where no numeral is provided by the Bidder in either the “Unit Price” or the “Amount” columns for one or more Items, or where no figure is provided in the “Amount” column for one or more lump sum Items, the Department will consider the amount bid to be zero ($0.00) for that Item. When the Proposal contains alternate Items, the Bid der shall insert only the unit price and amount for the lowest priced alternate Item. When alternate Items in the Proposal have a lump sum pay quantity, the Bidder shall insert only the amount for the lowest priced alternate Item. The Bidder shall constr uct the alternate Item for which a price has been provided. When the Proposal contains groups of alternate Items, the Bidder shall insert only the unit price and amount for each Item within the lowest priced alternate group. The Bidder shall construct the alternate group of Items for which a price has been provided. The only entries permitted in the bid are the unit or lump sum prices for Items to be bid. The software will perform all extensions of the unit or lump sum prices and calculate the total bid amounts. The Bidder shall check the bid before submission using the software. The Bidder shall select “tools” and then select “check bid” and ensure that there are no errors before submitting the electronic bid. For bids submitted by Joint Ventures select “tools” from the software menu and mark the electronic bid as “Joint Bid.” The Bidder may print a completed bid for its records after completing the bid. On Federal Aid Projects, all Bidders shall keep records of all DBE and non-DBE firms that provide a bid or quote to the Bidder for the Contract for use in providing the information to the Department in the development of a Bidder’s List. The records will include the name, address, phone number, e mail address, DBE/ESBE status of the firm, NAICS Code(s) applicable to the kind of work the firm would perform on the project and type of work for subcontracted work for each DBE and non-DBE firm that provides a bid or quote for the Contract. This information shall be made available to the Department upon request. For each Federal Aid Project that they submit a Bid, eac h Bidder shall prepare a CR -261-DBE and non -DBE Firms Providing a Bid or Quote for the Contract form. All Bidders are required to submit this information on a yearly basis to the Department, with the information submitted to the DCR/AA by September 30 of each year.

102.08 Balanced Bids

The Bidder shall reflect in the bid price for each Item the cost the Bidder anticipates incurring for the performance of that Item, together with a proportional share of the Bidder’s anticipated profit, overhead, and costs to perform work for which no Item is provided.

102.09 Proposal Bond

The Proposal Bond guarantees execution of the Contract by the Bidder receiving Award. With the bid submission, the Bidder shall complete the electronic bond form. The Proposal Bond must be satisfactory to the Department and for a sum of 50 percent of the total bid amount. The Bidder shall ensure that the Proposal Bond is properly completed and furnished by a surety authorized to do business in the State as are listed in the current US Treasury Department Circular 570 as of the date for opening of bids for the particular Contract and are authorized to issue bonds in at least the amount of the Proposal Bond. The Bidder shall ensure that the Proposal Bond has a power of attorney executed by the Surety. The power of attorney shall set forth the limits of authority of the attorney -in-fact who has signed the bond on behalf of the Surety to bind the company and shall further certify that such power is in full force and effect as of the date of the bond. The Department will not accept Proposal Bonds that do not comply in all respects with the provisions of

N.J.A.C. 16:44-7.3(e) and that are not substantiated by a valid power of attorney executed by the Surety.

102.10 Submission of Bids

Once the Bidder has completed its bid and made all desired changes, the Bidder shall submit the electronically signed bid via the internet using the appropriate software. An authorized representative of the Bidder is required to digitally sign the bid. Information regarding digital signatures is available on the Department’s website. The Department may reject internet bids that are not digitally signed by the authorized representative of the Bidder with an approved digital signature. The Bidder shall ensure delivery of its bid with all required components and attachments, including, but not limited to the following:

1.Schedule of Items.

2.Proposal Electronic Bidding File with Bidder’s Certification.

3.For wholly State Funded contracts, acknowledgement of compliance with the registrations specified in 102.01.

4.Proposal Bond form.

5.Other related documents as specified in the Contract.

6.For Federal Aid Projects exceeding a bid amount of $100,000 or more, Bidder shall certify to the Byrd Anti-Lobbying Act requirements under 31 USC 1352.

7.Certification of Non-Involvement in Prohibitive Activities in Russia or Belarus Pursuant to P.L. 2022, c.3. In accordance with legislation, P.L. 2022, c3 enacted to require contractor on public works projects to sign a certification that they are not engaged in prohibited activities in Russia or Belarus except as permitted by federal law. If the Bidder certified that they engaged in activities prohibited by P.L. 2022, c.3, the Bidder shall have 90 days to cease engaging in any prohibited activities and on or before the 90th day after the certification, shall provide an updated certification. If the Bidder does not provide the updated certification or at that time cannot certify on behalf of the entity that it is not engaged in prohibited activities, the Department shall not award the Bidder any contracts, renew any contracts, and shall be required to terminate any contract(s) the person or entity holds with the Department that were issued on or after the effective date of P.L. 2022, c.3. A directory of certified Disadvantaged Small Businesses Enterprise firms can be found in the New Jersey Unified Certification Program Vendor Certification database, online at https://njucp.dbesystem.com/. A directory of certified Emerging Small Business Enterprise firms can be found in the Emerging Small Business Program online directory at http://www.state.nj.us/transportation/business/civilrights/pdf/ESBEDirectory.pdf. A directory of registered Small Businesses Enterprise firms can be found in the New Jersey Selective Assistance Vendor Information (NJSAVI) database online at https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp. All of the above directories are to be used as a source of information only and does not relieve the Bidder of their responsibility to seek out Enterprises not listed, prior to bidding. When the Bidder submits bids for 2 or more Contracts that the Department will open on the same day, the Bidder may submit a single Updated Financial Statement instead of a separate statement for each Contract. The Bidder is solely responsible for any and all errors and for timely submission of the bid, all components thereof, and all attachments thereto, through the electronic bidding system; the Department assumes no respo nsibility for any claim arising from the failure of any Bidder or of the electronic delivery system to cause any bid, bid component, or attachment to not be delivered to the Department on or before the time set for the opening of bids. By submitting its bid to the Department, the Bidder warrants that no person or selling agency has been employed or retained by the Bidder to solicit or secure such Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bo na fide employees or bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business, for the breach or violation of which warranty the Department shall have the right to annul such Contract without liabil ity or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee as required by

N.J.S.A. 52:34-15.

102.11 Withdrawal of Bids

A Bidder may withdraw a bid after it has been submitted to the Department, provided the request for such withdrawal is received by the Department on the Request for Withdrawal of Bids Form, in writing or by fax, before the time set for bid opening. The Bidder may obtain the Department’s Request for Withdrawal of Bids Form from the electronic bidding website.

102.12 Public Opening of Bids

The Department will open and read bids publicly at the time and place indicated in t he advertisement or such other time and place as established by addenda. The Department invites Bidders, their authorized agents, and other interested parties to be present.

102.13 Consideration of Bids

The Department reviews bids for conformity with the Contract and compares bids on the basis of the correctly determined summation of the correctly determined products of all the quantities for Items shown in the bid multiplied by the unit prices bid together with the sums bid for lump sum Items. The Department will make the total bid amount for all bids available.

102.13.01 Bidder Pre-Award Requirements

A.Federal Aid Projects

1.Contract DBE Goal. On projects having a Contract DBE goal, all Bidders shall ensure that DBEs have an equal opportunity to receive and participate in the performance of contracts and subcontracts in Federal Aid Projects with the Department. All Bidders shall take all necessary and reasonable steps in accordance with 49 CFR, Part 26 to ensure that DBEs are given equal opportunity to compete for and to perform on the Department’s Federal Aid Projects. All Bidders shall not discriminate in the award and performance of any Contract obligation including, but not limited to, their performance of their obligations on USDOT assisted contracts as specified in Section 107.

a.All Bidders shall demonstrate commitment of meeting the Cont ract DBE goal that is specified in the Contract.

1.Submit to DCR/AA at time of Bid, or within 5 days after bid opening as a matter of responsibility:

i.a completed and signed Form CR-266 – Schedule of DBE/ESBE/SBE Participation listing each DBE firm being used to meet the Contract goal. Revisions to the CR-266 will not be accepted after its initial submission and before award of the Contract. (ii) a completed and signed Verification of DBE/ESBE/SBE Firm (Form CR -273) for each firm listed on the CR -266 to demonstrate direct written confirmation from each DBE firm of willingness to participate on the Contract, confirming the kind and amount of work that was provided on the Contractor’s CR-266, and, if applicable, (iii) a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for all Regular Dealers/Suppliers listed on the CR-266 form, and, if applicable, (iv) a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR -274) for all DBE trucking firms listed on the CR-266. Firms listed on the CR-266 will not be counted toward the Contract DBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274 form(s) are submitted to the DCR/AA within the 5 days after bid opening. The CR -273, CR-272, and CR-274 forms must be completed and signed by each respective DBE firm. The Bidder shall not complete any portion of the CR-273, CR-272, and CR-274 forms. These forms must be submitted through a designated email - DOT-CR.Verifications@dot.nj.gov. If the last day for a Bidder’s submission of the CR -266, CR -273, and applicable CR -272 and CR-274 forms falls on a Saturday, Sunday, or Federal holiday, the CR-266, CR-273, and applicable CR-272 and CR-274 forms are due on the next day that is not a Saturday, Sunday, or Federal holiday. In circumstances where the Department is closed for all or part of the day the forms are due, the submission of the forms is due on the next day.

2.If, at time of Submission, the commitment to meet the Contract DBE goal is not shown on the CR-266, the Bidder must submit at time of Bid, or within 5 days after bid opening, documented evidence of good faith effort(s) to attain the Contract DBE goal, for review and approval by the DCR/AA. Submittal of such information does not imply DCR/AA approval. The Department’s DCR/AA has sole authority to determine whether the Bidder met the Contract DBE goal or made adequate good faith efforts to do so.

i.Good faith efforts are actions taken to achieve a DBE goal or other requirement of the DBE Program which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement, including affirmative action measures designed to implement the established objectives of an affirmative action plan that a Bidder may utilize to obtain DBE participation. Efforts to include firms not certified as DBEs in New Jersey are consequently not good faith efforts to meet the DBE Contract goal. A promise to use DBEs after contract award is not considered to be responsive and does not constitute good faith efforts. Good faith effort actions include, but are not limited to:

a.Conducting market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the Contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Reque sts for Proposals, written notices or emails to all DBEs listed in the New Jersey Unified Certification Program Vendor Certification database of transportation firms that specialize in the areas of work desired (as identified by the North American Industry Classification system (NAICS) code noted in the New Jersey Unified Certification Program Vendor Certification database) and which are located in the area or surrounding areas of the project. The Bidder shall solicit this interest as early in the bidding process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The Bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

b.Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into economically feasible units (for example, smaller tas ks or quantities) to facilitate DBE participation, even when the Bidder might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation.

c.Providing interested DBEs with adequate information about the Plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. (d1) Negotiating in good faith with interested DBEs. It is the Bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consi stent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work. (d2) Bidder using good business judgment would consider a number of factors in neg otiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as Contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Bidder's failure to meet the Contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a Bidder to perform the work of a Contract with its own organization does not relieve the Bidder of the re sponsibility to make good faith efforts. Bidders are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (e1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non -union status) are not legitimate causes for the rejection or non-solicitation of bids in the Bidder’s efforts to meet the Contract DBE goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the Bidder to accept unreasonable quotes in order to satisfy the Contract goals. (e2) A Bidder’s inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the Bidder has the ability and/or desire to perform the Contract work with its own forces does not relieve the Bidder of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote.

f.Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Bidder.

g.Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, but not directly or indirectly providing equipment, supplies or materials to the DBE.

h.Effectively using the services of availa ble minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

3.If the Department determines that the apparent lowest responsive Bidder has failed to commit to meet the Contract DBE Goal and made adequate good faith efforts to do so, the Department must, before awarding the Contract, provide the Bidder an opportunity for Administrative Reconsideration. The apparent lowest responsive Bidder will have the opportunity to provide written documented evidence or argument concerning the issue of whether it met the Contract DBE goal or made adequate good faith efforts to do so to an official who did not take part in the original determination that the Bidder failed to meet the Contract DBE goal or made adequate good faith effort to do so, pursuant to 49 C.F.R. 26.53(d). The apparent lowest responsive Bidder has the opportunity to meet in person with the Reconsideration Official to discuss the issue of whether it met the Contract DBE goal or made adequate good faith efforts to do so. Within 1 working day of being notified by the Department that it is not a responsible Bidder because it failed to meet the Contract DBE goal and made adequate good faith efforts to do so, a Bidder may make a request for administrative reconsideration in writing to the New Jersey Department of Transportation, Director, Division of Procurement, PO Box 605, Trenton, New Jersey, 08625-0605. The Bidder must specify one of the following types of administrative reconsideration in its request:

i.Written Review by the Department. If the Bidder seeks written review by the Department it must submit written documented evidence or argument proving the Bidder met the Contract DBE goal at time of Bid, or submitted adequate good faith efforts to do so within 5 days after bid opening, to the Department within 2 working days of the Bidder’s request for Administrative Reconsideration. (ii) In-Person Meeting. If the Bidder seeks an in-person meeting by the Department it must submit written documented evidence or argument proving the Bidder met the Contract DBE goal at time of Bid, or submitted adequate good faith efforts to do so within 5 days after bid opening, to the Department within 2 working days of the Bidder’s request for Administrative Reconsideration. The in-person meeting will be scheduled by the Department as soon as time permits. If the timeframe for a Bidder’s request for Administrative Reconsideration, or submission of written documented evidence or argument proving the Bidder met the Contract DBE goal or submitted adequate good faith effort to do so falls on a weekend or holiday, the written requests are due to the Department on the next working day. The Department, at its discretion, may not review or consider any documentation or argument in its administrative reconsiderati on that was not contained in the Bidder’s request for written review or in-person meeting with the Department. Once the Reconsideration Official has made a determination, the Department will send the Bidder a written decision on reconsideration, explaining the basis for finding that the Bidder did or did not meet the DBE goal or make an adequate good faith effort to do so. Failure to follow this request procedure may result in the Bidder’s waiver of the right for Administrative Reconsideration under this Section. The result of the reconsideration process is not administratively appealable to the USDOT.

2.Contract ESBE Goal. Where a Contract ESBE goal is set, the Bidder shall follow all requirements and the same administrative reconsideration procedures of 102.13.

B.State Funded Projects

1.Contract SBE Goal. On wholly State Funded contracts having a Contract SBE goal, all Bidders shall ensure that SBEs have an equal opportunity to receive and participate in the performance of contracts and subcontracts financed in whole with state funds in performing work with the Department. All Bidders shall take all necessary and reasonable steps to en sure that SBEs are given equal opportunity to compete for and to perform on the Department’s wholly State Funded Projects. All Bidders shall not discriminate in the award and performance of any Contract obligation including, but not limited to, their performance of their obligations on wholly State Funded contracts as specified in Section 107.

a.All Bidders shall demonstrate commitment of meeting the Contract SBE goal that is specified in the Contract.

1.Submit to DCR/AA at time of Bid, or within 5 days after bid opening as a matter of responsibility:

i.a completed and signed Form CR-266 - Schedule of DBE/ESBE/SBE Participation listing each SBE firm being used to meet the Contract goal. Revisions to the CR-266 will not be accepted after its initial submission and before award of the Contract. (ii) a completed and signed Verification of DBE/ESBE/SBE Firm (Form CR -273) for each firm listed on the CR -266 to demonstrate direct written confirmation from each SBE firm of willingness to participate on the Contract, confirming the kind and amo unt of work that was provided on the Contractor’s CR-266, and, if applicable, (iii) a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for all Regular Dealers/Suppliers listed on the CR-266 form, and, if applicable, (iv) a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR -274) for all SBE trucking firms listed on the CR-266. Firms listed on the CR-266 will not be counted toward the Contract SBE goal unless completed and signed CR-273 form(s), and applicable CR-272 and CR-274 form(s) are submitted to the DCR/AA within the 5 days after bid opening. The CR -273, CR-272, and CR-274 forms must be completed and signed by each respective SBE firm. The Bidder shall not complete any portion of the CR-273, CR-272, and CR-274 forms. These forms must be submitted through a designated email: DOT-CR.Verifications@dot.nj.gov. If the last day for a Bidder’s submission of the CR -266, CR -273, and applicable CR -272 and CR-274 forms falls on a Saturday, Sunday, or Federal holiday, the CR-266, CR-273, and applicable CR-272 and CR-274 forms are due on the next day that is not a Saturday, Sunday, or Federal holiday. In circumstances where th e Department is closed for all or part of the day the forms are due, the submission of the forms is due on the next day.

2.If, at time of Submission, commitment to meet the Contract SBE goal is not shown on the CR-266, the Bidder must submit at time of Bid, or within 5 days after bid opening, documented evidence of good faith effort(s) to attain the Contract SBE goal, for review and approval by the DCR/AA. Submittal of such information does not imply DCR/AA approval. The Department’s DCR/AA has sole authority to determine whether the Bidder met the Contract SBE goal or made adequate good faith efforts to do so.

i.Good faith efforts are actions taken to achieve a SBE goal or other requirement of the SBE Program which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement, including affirmative action measures designed to implement the established objectives of an affirmative action plan that a Bidder may utilize to obtain SBE participation. Efforts to include firms not registered as SBEs in New Jersey are consequently not good faith efforts to meet the SBE Contract goal. A promise to use SBEs after contract award is not considered to be responsive and does not constitute good faith efforts. Good faith effort actions include, but are not limited to:

a.Conducting market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified SBEs that have the capability to perform the work of the Contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all SBEs listed in the New Jersey Selective Assistance Vendor Information (NJSAVI) database of transportation firms that specialize in the areas of work desired (as identified in the NJSAVI database) and which are located in the area or surrounding areas of the project. The Bidder shall solicit this interest as early in the bidding process as practicable to allow the SBEs to respond to the solicitation and submit a timely offer for the subcontract. The Bidder should determine with certainty if the SBEs are interested by taking appropriate steps to follow up initial solicitations.

b.Selecting portions of the work to be performed by SBEs in order to increase the likelihood that the SBE goals will be achieved. This includes, where approp riate, breaking out Contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate SBE participation, even when the Bidder might otherwise prefer to perform these work items with its own forces. This may incl ude, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates SBE participation.

c.Providing interested SBEs with adequate information about the Plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. (d1) Negotiating in good faith with interested SBEs. It is the Bidder's responsibility to make a portion of the work available to SBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available SBE subcontractors and suppliers, so as to facilitate SBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of SBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for SBEs to perform the work. (d2) A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including SBE subcontractors, and would take a firm's price and capabilities as well as Contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using SBEs is not in itself sufficient reason for a Bidder's failure to meet the Contract SBE goal, as long as such costs are reasonable. Also, the ability or desire of a Bidder to perform the work of a Contract with its own organization does not relieve the Bidder of the responsibility to make good faith efforts. Bidders are not, however, required to accept higher quotes from SBEs if the price difference is excessive or unreasonable. (e1) Not rejecting SBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non -union status) are not legitimate causes for the rejection or non-solicitation of bids in the Bidder’s efforts to meet the Contract SBE goal. Another practice considered an insufficient good faith effort i s the rejection of the SBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the Bidder to accept unreasonable quotes in order to satisfy the Contract goals. (e2) A Bidder’s inability to find a replacement SBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original SBE. The fact that the Bidder has the ability and/or desire to perform the Contract work with its own forces does not relieve the Bidder of the obligation to make good faith efforts to find a replacement SBE, and it is not a sound basis for rejecting a prospective replacement SBE's reasonable quote.

f.Making efforts to assist interested SBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor.

g.Making efforts to assist interested SBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, but not directly or indire ctly providing equipment, supplies or materials to the SBE.

h.Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of SBEs. The above pre-award requirements shall be followed on projects where a Contract SBE goal is set.

2.Compliance with N.J.S.A. 19:44A-20.13, et seq. The Department will verify the certification status of the bidder with the State Chapter 51 Review Unit. If the bidder is NOT within an approved 2 year period, then a completed and signed Two -Year Vendor Certification and Disclosure forms mus t be submitted to the Department.

C.All Projects. Prior to the time of contract award:

1.Submit proof of business registration with the Division of Revenue and Enterprise Services in the New Jersey Department of Treasury as required by N.J.S.A. 52:32 -44. Information on how a business can register and obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs.

2.On the Disclosure of Investment Activities in Iran (Form DC-16) provided by the Department, certify pursuant to N.J.S.A. 52:32-58, that neither the Bidder, nor one of its parents, subsidiaries, and affiliates (as defined in

N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 -56(f). If the Bidder is unable to certify, the Bidder shall provide a detailed and precise description of such activities to the Department.

3.On the "Certificat ion of Non -Debarment Form" provided by the Department, certify pursuant to

N.J.S.A. 52:32-44.1, that neither the Bidder, nor its affiliates are debarred at the federal level from contracting with a federal government agency. The Department shall not make, negotiate, or award a contract to any bidder that does not provide the above certification. Instructions on submitting the form may be found on the Department's Electronic Bidding website and the Department's website. In addition, all Bidders must register with the federal System for Award Management (SAM) prior to contract award. ln order to comply with this requirement, Bidders must register in SAM at https://www.sam.gov and the De partment will verify the successful Bidder's registration in SAM prior to contract award.

102.14 Irregular Bids

The Department will consider a bid irregular and will reject it if the Department determines that the bid contains a material defect.

102.15 Disqualification of Bidders

The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the Department to lack responsiveness. Failure of a Bidde r to follow the requirements of 102.10 demonstrates a lack of responsiveness. The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the Department to lack responsibility. Factors demonstrating a lack of responsibility include, but are not limited to:

1.Evidence of collusion among Bidders.

2.Uncompleted work, which in the opinion of the Department, might hinder or prevent completion of additional work if awarded.

3.Failure to submit at time of bid or within 5 days of bid opening, a completed and signed CR-266 – Schedule of Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise Participation.

4.Failure to submit within 5 days of bid opening, proof of documented evidence of good faith efforts to meet the Contract goal, if the Bidder fails to meet the Contract DBE, ESBE or SBE goal.

5.Failure to submit within 5 days of bid opening, a completed and signed Confirmation of DBE/ESBE/SBE Firm (Form CR-273) for each DBE/ESBE/SBE firm listed on the CR-266. The Bidder shall not complete any portion of the CR-273 form.

6.Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR -274) for each DBE/ESBE/SBE firm listed on the CR -266, if applicable. The Bidder shall not complete any portion of the CR-274 form.

7.Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE /SBE Regular Dealer/Supplier Verification (Form CR-272) for each DBE/ESBE/SBE Regular Dealer/Supplier listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-272 form.

8.Failure of the Bidder to meet the Contract DBE, ESBE, or SBE goal as determined by the DCR/AA, or make adequate good faith efforts to do so.

9.Submission of a materially unbalanced bid. A materially unbalanced bid is a bid where there is a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the Department.

10.Lack of competency or lack of adequate machinery, plant, or other equipment.

11.Unsatisfactory performance on previous or current contracts.

Referenced in this section

Sections that cite this one

Bidding Requirements and Conditions in other states

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Source: Standard Specifications for Road and Bridge Construction, 2019 (rev. 2022-12-21) Edition. Pages 41–51 of 651. View official source ↗

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