7 SECTION 102
102.01 Invitation to Bid. The Department will give notice of letting of the work. The “ Invitation to Bid ” will
contain a description of proposed work, together with information to the bidder regarding access to the proposal forms, plans, specifications, and the reservation of the right of the Department to reject any or all bids.
102.02 Prequalification of Bidders. All bidders shall be prequalified as required by law. To be qualified,
submit, under oath, on the standard form furnished by the Department, a statement of your financial ability and experience in the performance of contracts for public work. Attest to the verity of the data submitted by executing the appropriate affidavit which is a part of the “Contractor’s Statement of Experience and Financial Condition for Prequalification.” After verifying the information contained in the statement, the Depart ment will notify the submitter of the maximum bidding capacity and class of work upon which he will be eligible to bid. In order to remain on the qualified list, submit a new statement before the expiration of the current prequalification. If not already qualified, submit a statement of financial ability and experience, current within 9 months, at least 5 full days before the date set for the opening of bids in order to have it considered, but qualification will not be granted until such statement has been verified. No contract will be awarded to a Contractor with a prequalification statement which is not current on the date the contract is awarded. Nothing contained in this Section shall be construed as depriving the Department of its discretion in the matter of determining the lowest responsible bidder. On Federal- aid projects, Contractor’s pre -qualified by the Nevada Department of Transportation, and their subcontractors, are not required to be licensed in advance of submitting a bid or having such bid considered. Both Contractors and their subcontractors shall have obtained a valid Contractor’s license, in accordance with the provisions of NRS Chapter 624, as of the award date of the contract. If a subcontractor is unable to obtain proper licensure prior to the award date, the Contractor may substitute a subcontractor with proper licensure after opening of the bid and prior to the award date. Failure to comply with these licensing requirements by a Contractor or its subcontractor as of the award date wi ll result in the Contractor’s bid becoming null and void. Execution of the contract by the Contractor shall be deemed a certification that the licensing requirements have been met. Contractor and subcontractor are encouraged to submit application for licen sure to the Nevada State Contractor’s Board in advance of contract advertisement. No bid will be accepted from a Contractor to whom a proposal form has not been issued by the Department.
102.03 Contents of Proposal Forms. Upon request, the Department will furnish the prospective bidder with a
proposal form. This form will state the location and description of the contemplated construction and will show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the work must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals. The form will also include any special provisions or requirements which vary from or are not contained in the standard specifications. All papers bound with or attached to the proposal form are considered a part thereof and do not detach or alter them when submitting the proposal. The plans, specifications, supplemental notices to contractors and other documents designated in the proposal form will be considered a part of the proposal whether attached or not. Pay the Department the sum stated in the adver tisement and “ Invitation to Bid ” for each copy of proposal form and each set of plans. The contract documents are nonreturnable and no refund will be made. Make checks in payment for plans and specifications payable to the Nevada Department of Transportati on. The Department will maintain a bidders information list, consisting of information about all firms that bid or quote Department contracts. 102 BIDDING REQUIREMENTS AND CONDITIONS 8 (a) Subcontractor Information. Comply with the following requirements:
1.All bidders shall submit informati on on subcontractors which will be paid an amount exceeding 5% of the total bid on the “NDOT Bidder Subcontractor Information” form provided by the Department, no later than the bid opening time.
2.Within 2 hours after bid opening time, the 3 apparent low est bidders shall submit information on subcontractors which will be paid an amount exceeding $250,000.00, and on subcontractors which will be paid an amount exceeding 1% of the total bid or $50,000, whichever is greater, on the respective “NDOT Bidder Sub contractor Information” forms provided by the Department.
3.The 3 apparent lowest bidders shall submit information on all subcontractors and suppliers that submitted a proposal to the bidder on the “List of Subcontractors and Suppliers Bidding on NDOT Con tracts” form provided by the Department, by 5:00 p.m. local time, on the next business day following the bid opening.
4.All bidders, regardless of their apparent bid ranking, shall submit the “NDOT Bidder Disadvantaged Business or Small Business Enterprise (DBE/SBE) Information” form, as required in Subsection 103.08, no later than the bid opening time. Confirmation letters, required by Subsection 103.08, shall be submitted no later than 5:00 p.m. local time on the next business day following the bid opening.
5.A bidder unable to meet the DBE or SBE goal shall submit documentation which outlines their Good Faith Efforts (GFE) toward meeting the contract goal, as outlined in Subsection 102.16. This information shall be submitted no later than 5:00 p.m. local time on the next business day following the bid opening.
6.A subcontractor named by the bidder who is not properly licensed for that portion of the work will be deemed unacceptable. If the subcontractor is deemed unacceptable, provide an acceptable subcontract or before the award of the contract.
7.All bidders shall affirm all work, other than that being performed by the subcontractors listed in the subcontractor reports, will be self -performed. Failure to submit any of the subcontractor forms described above, with all required information, within the required time, may deem the bid non -responsive.
102.04 Interpretation of Quantities in the Proposal. The quantities given in the proposal and contract forms
are approximate only, being given as a basis for the co mparison of bids, and the Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions o f the work, as may be deemed necessary or advisable.
102.05 Examination of Plans, Specifications, Contract Documents , and Site of Work. The Department will
prepare plans and specifications giving such directions as will enable any competent contractor to carry them out. Contractors and subcontractors shall carefully examine the site of the proposed work, the proposal, plans, specifications, supplemental specifications, Special Provisions , and contract forms before submitting a proposal. The submission of a bid will be considered prima facie evidence that such examination was made and with satisfaction as to the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, supplemental specifications, Special Provisions , and contract documents. Direct all questions which may arise as to the interpretation of the plans, specifications, and any other contract documents as required in the “Invitation to Bid.” Do not rely upon verbal interpretations given by Departm ent employees in forming bids, but only upon written interpretations provided by an authorized Department employee. Make requests for clarifications no later than the close of business (4:00 p.m. local time) 10 days prior to the scheduled bid opening. Requ ests made after this date generally will not be addressed. When a pay item is shown on the plans and not in the proposal, and such pay item is not specifically excluded from payment either in these specifications or in the contract documents, the pay item shall then be considered an obvious omission in the proposal and payment will be made according to Subsection 104.03. Whenever the Department has obtained subsurface information concerning possible material sources, said information will be included in S ection 106. If foundation reports and boring logs are available, the findings and conclusions presented in said contract documents have been prepared by generally accepted engineering principles and practices. The information shown on the log of test borings applies only at the location of the borings and at the time of drilling. Subsurface conditions may be expected to differ at other locations or to change at these locations with time. BIDDING REQUIREMENTS AND CONDITIONS 102 9 Information derived from inspection of records of subsurface investigations made by the Department will not in any way relieve the Contractor from fulfilling the terms of the contract.
102.06 Preparation of Proposal. Submit the proposal as specified in the Invitation to Bid. Specify a unit price
in figures for each pay item for which a quantity is given, and show the products of the respective unit prices and quantities, written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amount of the several items. In the event that more than 2 decimal places are used in representing a unit price, all numbers beyond the second decimal will be truncated and the product for the affected item and the total amount of the bid will be recomputed by the Department accordingly. Show all figures in ink or type. When an item in the proposal contains a choice to be made, indicate the choice in writing, according to the specifications for that particular item, and thereafter no further choice will be permitted. The bidder’s propo sal must be signed by the individual, by one or more members of the partnership, by one or more members or officers of each firm representing a joint venture, or by one or more officers of a corporation, or by an agent of the Contractor, legally qualified and acceptable to the Department. If the proposal is made by an individual, show his name and post office address; by a partnership, show the name and post office address of each partnership member; as a joint venture, show the name and post office address of each member or officer of the firms represented by the joint venture; by a corporation, show the name of the corporation and the business address of its corporate officials.
102.07 Irregular Proposals. Proposals will be considered irregular and may be rejected for the following
reasons: (a) If the proposal is on a form other than that furnished by the Department, or if the form is altered or any part thereof is detached. (b) If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning. (c) If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award. This does not exclude a bid limiting the maximum gross amount of awards acceptable to any one bidder or at any one bid letting, provided that the selection of any bid awards be made by the Department. See Subsection 102.14. (d) If the unit prices contained in the proposal are obviously unbalanced, either in excess or below the reasonable cost analysis values. (e) If the proposal does not contain a unit price for each pay item listed except in the case of authorized alternate pay items. (f) If the lowest responsive bid exceeds the Engineer’s estimate by more than 7%. Following the opening of bids, the Department will examine the unit bid prices of all bidders for reasonable conformance with the Engineer’s Estimate. A bid tabulation including calculated pe rcentage variances from the Engineer’s Estimate for each bid item will be forwarded to the Chairman of the Bid Review and Analysis Team (BRAT) for further review. In determining whether a unit bid price is unbalanced and subject to rejection, the BRAT will consider, but not be limited to, the following criteria: (a) Mathematically unbalanced bids which are not found to be materially unbalanced may be awarded. (b) If the quantities as bid are incorrect and the contract cost will be increased when quantities are corrected, the bid may be rejected. (c) On items where the quantities may vary, if the anticipated variation in quantity would result in the lower bidder not remaining as the low bidder, the bid may be rejected. (d) If the mathematical unbalancing has a potential detrimental effect upon the competitive process or can cause contract administration problems after the award, the bid may be rejected. (e) Over pricing items for work done early in the contract (front end loading) could be considered as a materially unbalanced bid, and the bid may be rejected. 102 BIDDING REQUIREMENTS AND CONDITIONS 10 Other factors the BRAT will consider in the bid analysis are: Number of bids. Distribution or range of bids. Potential for savings if the contract is readvertised. Bid prices for the contract under review versus bid prices for similar contracts in the same or recent lettings. Urgency/effect of delay on the construction of the contract. Current market conditions/workload. The significance of the variance of individual unit bid prices from the Engineer ’s Estimate and if there is any justification for the difference. Other factors that may be important to the contract. After review, the BRAT will prepare a report and make one of the following recommendations: Award to the apparent low bidder. Award to the apparent second low bidder. Reject all bids and may readvertise.
102.08 Proposal Guaranty. No proposal will be considered unless accompanied by a proposal guaranty, in the
amount equal to 5% of the bid, made unconditionally payable to the Nevada Depar tment of Transportation. The guaranty may be cash, cashier’s check, certified check, postal money order, bank money order, express money order, bank draft or an undertaking executed by a corporate surety company authorized to do business in the State of Ne vada or any other guaranty that may be especially approved by the Department. Such proposal guaranty is to be forfeited to the Department should the bidder to whom the contract is awarded fail to enter into the contract within 20 days after the award.
102.09 Delivery of Proposals. Preferably submit paper or flash drive proposal s in a special envelope furnished
by the Department. Fill in correctly the blank spaces on the envelope to clearly indicate its contents. When an envelope other than the special one furnished by the Department is used, provide one of the same general size and shape and mark similarly to clearly indicate its contents. When sent by mail, address the sealed proposal to the Department at the address and in care of the official in whose of fice the bids are to be received. All proposals will be filed before the time and at the place specified in the advertisement and “ Invitation to Bid .” Proposals received after the time for opening of bids will be returned unopened.
102.10 Withdrawal or Re vision of Proposals. A paper or flash drive proposal may be withdrawn or revised
after it has been deposited with the Department, provided the request for such withdrawal or revision is received by the Department, in writing, by fax, or by telegram, before the time set for the opening of bids. The withdrawal of a proposal shall not prejudice the right to file a new proposal provided it is received before the time set for opening of proposals. Because of the physical limitations of receipt of information by facsimile transmission, there is no guarantee by the Department that the confidentiality of a revision submitted by fax can be maintained, because it is not “sealed” upon receipt. Also, the Department makes no guarantee that a machine will be available to receive such transmission or that telephone lines will be open.
102.11 Public Opening of Proposals. Proposals will be opened and read publicly at the time and place
indicated in the advertisement and “ Invitation to Bid .” Bidders, their authorized agents , and other interested parties are invited to be present.
102.12 Disqualification of Bidders. Any of the following reasons may be considered as sufficient for the
disqualification of a bidder and the rejection of his proposal or proposals: (a) More than o ne proposal for the same work from an individual, firm , or corporation under the same or different name. (b) Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Department un til any such participants shall have been reinstated as a qualified bidder. For Federal -aid projects the U.S. Department of Transportation (DOT) operates a toll -free “hotline,” 1-800-424-9071, Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Standard Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline.” All information will be treated confidentially and caller anonymity will be respected. BIDDING REQUIREMENTS AND CONDITIONS 102 11 (c) Unsatisfactory performance record as shown by past work for the Department judged from the standpoint of workmanship and progress. (d) Uncompleted work which in the judgment of the Department might hinder or prevent the prompt completion of additional work if awarded. (e) Failure to pay or s atisfactorily settle all bills due for labor, equipment, or material on prior or existing contracts. (f) Failure to hold a valid license of a class corresponding to the work to be done as required by the State Contractor’s License Law. However, it is not required to have a Contractor’s license in order to bid on Federal -aid projects as long as licensed at time of award of the contract . (g) Failure to comply with any qualification regulations of the Department. (h) The FHWA has debarred certain companies an d individuals from participation in Federally assisted projects for periods ranging from 6 months to 3 years. You are advised to contact the Department’s Contract Compliance Office, at (775) 888 -7497, for the names of the debarred companies and/or individuals before accepting and relying on any quote from any company or individual. The debarred companies or indivi duals will not be allowed to participate in Federally assisted projects during the period of their debarment. While this prohibition operates to preclude them from employment as prime contractors, subcontractors, consultants or employees on Federal -Aid pro jects, the named corporations and individuals may still serve as materials suppliers for prime or subcontractors.
102.13 Material Guaranty. The successful bidder may be required to furnish a complete statement of the
origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subject to the tests provided for in these specifications to determine their quality and fitness for the work.
102.14 Combination or Conditional Bids. On certain projects bids may be submitted on more work than is
desired to be awarded. Indicate the total amount desired to be accepted and the Department will determine which of the low bids on these projects, up to the final total indicated, will b e accepted. This limitation will only apply to those projects on which the following statement has been included in the proposal and is properly filled in. “We desire to disqualify all of our bids at which in combination exceed the total of $ ............ ............... or ................... contracts and hereby authorize the Department to determine which bids shall be disqualified. Bids have been submitted on the following contract(s) .................as of this date that have not yet been awarded and ar e to be considered in determining if the above total amount is exceeded.” “A proposal guaranty, conforming to Subsection 102.08, in the amount of $ ....................... accompanies the proposal for contract number(s) .......................... or has b een filed with the Department in advance.”
102.15 Motor Fuel Tax Refund. It is understood and agreed that the price bid for the work to be done under the
contract shall include the applicable tax on motor vehicle fuel and special fuel as required by NRS C hapters 365 and 366. Determine if subcontractors have reported fuel consumption to the Nevada Department of Motor Vehicles and Public Safety, as required by law.
102.16 DBE and SBE Certification and Bidding Requirements. This contract is subject to Title 49, Code of
Federal Regulations, Part 26. Portions of those regulations are set forth in these Standard Specifications, and those regulations in their entirety are incorporated herein by this reference. It is the policy of the Department that Disadvantaged Business Enterprises and Small Business Enterprises as defined in 49 CFR Part 26 and the Department’s Disadvantaged Business Enterprise Program shall have an equal opportunity to participate in the performance of contra cts financed in whole or in part with Federal funds under this agreement. All the DBE and SBE requirements of 49 CFR Part 26 apply to this agreement. The Contractor agrees to ensure that DBEs/SBEs have an equal opportunity to participate in the performanc e of contracts and subcontracts financed in whole or part with Federal funds provided under this agreement. In this regard the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs/SBEs have an equal opportunity to compete for and perform contracts. 102 BIDDING REQUIREMENTS AND CONDITIONS 12 The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 4 9 CFR Part 26 in the award and administration of U.S. Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate. DBEs/SBEs must be certified by the Nevada Unified Certification Program (NUCP) in accordance with 49 CFR
Part 26 — . The department is an agency member of the NUCP. A list of certified DBEs/SBEs may be obtain ed from the
Department’s website at www.nevadadbe.com. Certification as a DBE/SBE or a DBE/SBE joint venture shall be predicated on meeting the requirements of 49 CFR Part 26 and the following:
1.The completion and submission of a Disadvantaged Business Enterprise (DBE)/Small Business Enterprise (SBE) Certification Application and all required documents.
2.The submission of any additional documentation requested by the processing Agency.
3.The submission of any additional information which the Departme nt may require to determine the firm’s eligibility to participate in the DBE/SBE program. Applications for certification by the NUCP are available at the Department’s Contract Compliance Office, 1263
S.Stewart Street, Carson City, Nevada 89712 and on the Department’s website at www.nevadadbe.com. Applicants submitting a certification application shall agree to permit the Department to audit and examine the books, records, and files of their business. Applications for certification may be filed with the Department at anytime, however, the firm must be certified at least 5 days prior to bid opening for the project on which the firm seeks to participate to count towards any goals. The Department will proc ess applications in an expeditious manner. The Department will submit application s to the NUCP within 90 days of receiving a completed application and all relevant reference documents. Bidders shall be responsible for being fully informed about the requir ements of the Federal DBE Regulations; particular attention is directed to the following matters: (a) A DBE/SBE may participate as a prime Contractor, subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies. (b) A DBE/SBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. (c) A DBE/SBE must perform a commercially useful function. (d) Credit for a DBE/SBE vendor of materials or supplies is limited to 60% of the price unless the vendor manufactures or substantially alters the goods. When a DBE/SBE participates in a contract, expenditures toward DBE/SBE goals will only count if the DBE/SBE is perform ing a commercially useful function on the contract. A DBE/SBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervisin g the work involved. To perform a commercially useful function, the DBE/SBE shall also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installi ng (where applicable) and paying for the material itself. To determine whether a DBE/SBE is performing a commercially useful function, you shall evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE/SBE credit claimed for its performance of the work, and other relevant factors. The value of the work actually performed by the DBE/SBE toward DBE/SBE goals will count accord ing to the following:
1.The entire amount of that portion of a construction contract (or other contract not covered by paragraph number 2 below) that is performed by the DBE’s/SBE’s own forces will count. The cost of supplies and materials obtained by th e DBE/SBE for the work of the contract, including supplies purchased or equipment leased by the DBE/SBE (except supplies and equipment the DBE/SBE subcontractor purchases or leases from the prime contractor or its affiliate) will count. BIDDING REQUIREMENTS AND CONDITIONS 102 13 2. The entire amou nt of fees or commissions charged by a DBE/SBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT -assisted cont ract, toward DBE/SBE goals, will count provided the fee is determined to be reasonable and not excessive as compared with fees customarily allowed for similar services.
3.When a DBE/SBE subcontracts part of the work of its contract to another firm, the va lue of the subcontracted work may be counted toward DBE/SBE goals only if the DBE/SBE subcontractor is itself a DBE/SBE. Work that a DBE/SBE subcontracts to a non -DBE/non -SBE firm does not count toward DBE/SBE goals.
4.When a DBE/SBE performs as a partici pant in a joint venture, a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE/SBE performs with its own forces toward DBE/SBE goals will count. Expenditures for materials or supplies will count toward DBE/SBE goals according to the following:
1.If the materials or supplies are obtained from a DBE/SBE manufacturer, 100% of the cost of the materials or supplies will count. A manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character d escribed by the specifications.
2.If the materials or supplies are purchased fr om a DBE/SBE regular dealer, 60% of the cost of the materials or supplies will count. A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the gen eral character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. Determination of whether a DBE/SBE trucking company is performing a usefu l function and the expenditures that count toward DBE/SBE goals will be as follows:
1.The DBE/SBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cann ot be a contrived arrangement for the purpose of meeting DBE/SBE goals.
2.The DBE/SBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
3.The DBE/SBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.
4.The DBE/SBE may lease trucks from another DBE/SBE firm, including an owner -operator who is certified as a DBE/SBE. The DBE/SBE wh o leases trucks from another DBE/SBE receives credit for the total value of the transportation services the lessee DBE/SBE provides on the contract.
5.The DBE/SBE may also lease trucks from a non -DBE/non -SBE firm, including from an owner -operator. The DBE/SBE who leases trucks from a non -DBE/non -SBE is entitled to credit for the total value of transportation services provided by non -DBE/non -SBE lessees not to exceed the value of transportation services provided by DBE -owned/SBE -owned trucks on the contract (one to one rule for trucking).
6.For trucks leased to the DBE/SBE from either a DBE/SBE or non -DBE/non -SBE firm, the lease must indicate that the DBE/SBE has exclusive use of and control over the truck. This does not preclude the leased truck from worki ng for others during the term of the lease with the consent of the DBE/SBE, so long as the lease gives the DBE/SBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE/SBE. DBE/SBE subcont ractors submitted by the prime Contractor as meeting the requirements of this Subsection must have a license, for the type and quantity of work to be performed by said DBE/SBE subcontractor, issued by the appropriate agency prior to the bid opening. Upon bid submittal, by the prime Contractor, the prime Contractor becomes committed to those certified DBE/SBE firms listed in the bid proposal on the “NDOT Bidder Disadvantaged Business or Small Business Enterprise (DBE/SBE) Information” form. Verify that all representations made by the Department concerning DBE/SBE subcontractors are in conformance with the State Contractors’ Board Rules and Regulations as well as all other State laws and regulations. 102 BIDDING REQUIREMENTS AND CONDITIONS 14 Begin procedures for licensing early enough to insure that DBE/SBE subcontractors are properly licensed prior to the time of the bid opening. A bidder unable to meet the DBE/SBE goal shall submit documentation which outlines in detail good faith efforts to meet the goal. The bidder must show that it took all necessary and reasonable steps to achieve the goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE/SBE participation. The efforts employed by the bidder should be tho se that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE/SBE participation sufficient to meet the contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE/SBE contract re quirements. The Department will consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. Some efforts which may be shown are as follows: (a) Whether the Contractor attended any pre -solicitation or pre -bid m eetings that were scheduled by the recipient to inform DBEs/SBEs of contracting and subcontracting opportunities. (b) Whether the Contractor advertised in general circulation, trade association and minority -focus media concerning the subcontracting opportu nities. (c) Efforts to negotiate with DBEs/SBEs for specific sub -bids including at a minimum:
1.The names, addresses, telephone numbers , and dates the DBEs/SBEs were contacted and the DBEs/SBEs response.
2.A description of the information provided to DBE s/SBEs regarding the plans and specifications for portions of the work to be performed.
3.A statement of why additional agreements with DBEs/SBEs were not reached. (d) Whether the Contractor followed up initial solicitations of interest by contacting DBEs /SBEs to determine with certainty whether the DBEs/SBEs were interested. (e) Whether the Contractor selected portions of the work to be performed by DBEs/SBEs in order to increase the likelihood of meeting the DBE/SBE goals (including, where appropriate, b reaking down contracts into economically feasible units to facilitate DBE/SBE participation). (f) Whether the Contractor provided interested DBEs/SBEs with adequate information about the plans, specifications and requirements of the contract. (g) Whether t he Contractor negotiated in good faith with interested DBEs/SBEs, not rejecting DBEs/SBEs as unqualified without sound reasons based on a thorough investigation of their qualifications. (h) Whether the Contractor made efforts to assist interested DBEs/SBEs in obtaining bonding, lines of credit, or insurance required by the recipient or Contractor. (i) Whether the Contractor effectively used the services of available minority community organizations; minority contractors’ groups; local, State, and Federal mi nority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs/SBEs. 15 SECTION 103 AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Proposals. After the proposals are opened and read, they will be compared on the
basis of the summation of the products of the approximate quantities shown in the proposal by the unit bid prices. The results of such comparisons will be immediately available to the public. In the event of a discrepancy between unit bid prices and extensions, the unit bid prices shall govern. The right is reserved to reject any or all proposals, to waive technicalities, or to advertise for new proposals, if in the judgment of the Department, the best interests of the State will be promoted thereby. The Department has determined that the reasonable minimum unit bid price per hour for “flagger” is $20.00 p er hour. Any bid proposal which includes Item No. 624 0110 , which is for “flagger” measured by the unit of hour, which is less than the minimum amount of $20.00 per hour will be adjusted up to the minimum amount by the Department. The bid item for “flagger” so adjusted will be considered the bidder’s bid and the bidder’s proposal will be recalculated and the revised total used to compare with other bids to determine the lowest responsible bidder. The unit bid price so adjusted is the amount the Department will pay for flagger.
103.02 Award of Contract. In order to meet the requirement prescribed under Section 112 (c) of Title 23,
United States Code, relative to the award of contracts, furnish with the proposal a sworn statement executed by or in behalf of the person, firm, association or corporation submitting the bid. Provide such sworn statement in the form in the contract documents and sworn to before such persons as are authorized by the laws of the State to administer oaths. In accordance with the provisions of NRS 338.147 for bidders preference, the Department will award the contract to the lowest responsible bidder with the following exception: A responsible bidder who at the time of submitting their bid has a valid Certificate of Eligibility to receive a preference in bidding on public works, issued to them by the State Contractor's Board, will be deemed to have submitted a better bid than a competing bidder who does not have such a valid certificate of eligibility if the amount of their bid is not more than 5% higher than the amount bid by the competing bidder. A copy of the Certificate of Eligibility shall be provided at the time of prequalification, and updated upon renewal of the Certificate. A copy of the Certificate shall be on file with NDOT no later than the Bid Opening time in order to receive a Bidder's Preference. In addition, a Preference Bidding Certification Affidavit required by NRS 338.147 shall be submitted at the time the contractor submits their bid. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals. The successful bidder will be notified by letter, mailed to the address shown on his proposal, that his proposal has been accepted and that he has been awarded the contract. The date of the award of the contract shall be the date of the “Notice of Award.”
103.03 Cancellation of Award. The Department reserves the right to cancel the award of any contract at any
time before the execution of said contract by all parties without any liability against the Department, except that the Department will reimburse reasonable expenses incurred in reliance upon the “Notice to Proceed.”
103.04 Return of Proposal Guaranty. All proposal guaranties, except those of the 2 lowest bidders, will be
returned following the checking of bids and the recommendation to award the contract has been approved. The retained proposal guaranties of the 2 lowest bidders will be returned when the contract has been fully executed by the bidder awarded the contract and satisfactory bond has been furnished.
103.05 Requirement of Contract Bond. The successful bidder shall, at the time of the execution of the
contract, furnish a surety bond or bonds in a sum equal to the full amount of the contract as a guaranty that he will complete the work under the terms of the contract. Such bond, or bonds, shall also provide and secure payment for all materials, labor and supplies, trucks and other means of transportation, used in, or upon, or about, or for the performance of the work contracted to be done, and for any work or labor done thereupon or incidental thereto. The bond or bonds shall be on the form provided in the proposal and shall be written by a surety approved by the Insurance Commissioner of the State of Nevada. In addition, sureties shall have a Best’s rating of “A–” or better according to A. M. Best Company. The power of attorney shall show the limiting amount authorized for issuance of
Source: Nevada Standard Specifications for Road and Bridge Construction, 2014 Edition. Pages 13–20 of 610.