102.02 Bidding Requirements and Conditions
CT. Unbalanced Bid . A Bid Proposal that contains unbalanced Bid Item Unit Prices based on one of the following characteristics:
1.Mathematically . A bid contai ning lump sum or unit Bid Items that do not reflect reasonable estimated costs, a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs. , DEFINTIONS AND TER MS
2.Materially . A bid that generates reason able doubt that the Award to the Bidder submitting a Mathematically Unbalanced Bid will result in the lowest ultimate cost to the Department . CU. Unilateral Change Order. A Change Order issued by the Resident Engineer that the Contractor does not agree with or sign, or that is administrative in nature and does not require the acknowledgement of the Contractor. CV. Value Engineering. The formal technique by which the Contractor may suggest methods for performing the requirements more econo mically and share in the resulting savings, without impairing essential functions or characteristics. CW. Work. All resources, including labor, Materials , Equipment , and incidentals, necessary to complete the Project in accordance with the Contract require ments. CX. Working Day. — See Contract Time .
102.01 Pre-Qualification
The Department requires pre -qualification of prospective bidders as a prerequ isite for bidding, unless prohibited by law or waived by the Department. The Department will perform bidder pre -qualification in accordance with the most current issue of the Oklahoma Administrative Code. Copies of the Code and Pre -qualification Questionn aire are available from: The Office Engineer Oklahoma Department of Transportation 200 N.E. 21st Street Oklahoma City, Oklahoma 73105
102.02 Notice To Prospectiv E Bidders
The Department will publish a Bid Notice to notify the public and prospective bidders of the intent to award a public construction contract in accordance with Section 104 of the Oklahoma Public Competitive Bidding Act of 1974 (61 OS §101 et seq.). The Bid Notice will provide the following information: The location and description of the p roposed work, How to access the Proposal Forms, Plans, and Specifications, BIDDING REQUIREMENTS AND CONDITIONS 102.04 The requirement for a Proposal Guaranty, and The date, time, and location of the Bid Opening. The Bid Notice will become part of the Contract.
102.03 Contents of Proposal Forms
The Proposal Forms include the following information: The location and description of the construction, A schedule of items, Estimated quantities for the items, A timeline for work completion, The Proposal Guaranty amount, The date, time, and location of the B id Opening, Special Provisions, and Addenda as issued. The Department considers all documents attached to, or referenced in, the Proposal Forms (including the Plans, Standard Specifications, Supplemental Specifications, and Special Provisions) to be part o f the Proposal Forms. The Department will require prospective bidders to pay for each copy of the Proposal Forms and each set of Plans in the amount published in the Bid Notice.
102.04 Refusal of Proposals
The Department may refuse to issue Proposal Forms to, or to receive or open Proposals from, a prospective bidder for the following reasons: The bidder lacks competency, financial stability, or adequate machinery, plant, and other equipment listed in the Pre -qualification Questionnaire in accordance with Subsection 102.01, “Pre -qualification.” The Department determines that the prompt completion of additional work might be hindered or prevented because of a bidder’s uncompleted work on another Department contract. The bi dder does not pay, or satisfactorily settle, bills due for labor and material on any open Department contract by the Bid Opening. The bidder does not comply with pre -qualification regulations. The bidder defaults under a previous Department contract. The b idder performs unsatisfactory on previous or current Department contracts. The bidder has failed to execute and submit the Final Estimate on a previous Department contract. The bidder has been indicted for or convicted of a felony involving moral turpitude or offenses against the public contracting laws (federal or state) which may, as the Department determines, affect the bidder’s ability to perform future work. The Department will consider a plea of guilty or nolo contendere as equivalent to a conviction .
102.06 Bidding Requirements and Conditions
The bidder is currently suspended or debarred by the Department or another government agency. The bidder has failed to comply with Disadvantaged Business Enterprise requirements of a previous Department contract. The bidder does not pay subcontractor or release subcontractor retainage on a previous or current project in accordance with Subsection 109.11, “Payment to Subcontractors.” The bidder has failed to maintain insurance on a previous Department contract. 102.04 The bidder has failed to provide skilled and qualified supervision or workers on a previous Department contract. The bidder has made a misrepresentation or false statement, or has failed to conform to any requirement contained in the bidder’s unsworn statement under penalty of perjury on a previous Department contract. The bidder has failed or refused to cooperate or has impeded review of the bidder’s records on a previous or current Department contract by the Departm ent, State auditors, or Federal authorities whose duties require access to such records.
102.05 Interpretation of Qu Antities and Bid Pro Posal
The quantities in the Proposal Forms are estimates only, to be used by the Department for comparing Proposals, and the Department reserves the right to increase, decrease, or eliminate estimated quantities of work or materials in accordance with Section 104, “Scope of Work.” The Department will pay for the actual quantities of work performe d and accepted or materials provided as required by the Contract in accordance with Section 109, “Measurements and Payment.”
102.06 Examination of Plans , Specifications, Sp Ecial Provisions, An D The
WORK SITE Each bidder is respon sible for examining the following before submitting a Proposal: Site of the proposed work, Proposal Forms, Plans, Standard Specifications, Supplemental Specifications, and Special Provisions. If a bidder chooses to not perform site investigations and the D epartment awards the Contract to that bidder, the bidder will be responsible for all site conditions that would have been discovered had the bidder performed a reasonable site investigation. Do not take advantage of any apparent error or omission in the Pr oposal Forms. Upon discovering an error or omission, immediately notify the Department. The Department will make corrections to accurately describe the intent of the Proposal Forms. The Department may perform boring and subsurface investigations to deter mine design criteria. If the Department has performed these, bidders may inspect boring logs and other records of subsurface BIDDING REQUIREMENTS AND CONDITIONS 102.07 investigations relevant to the currently advertised project at the following address during normal business hours: Department of T ransportation, Office Engineer 200 N.E. 21st Street Oklahoma City, Oklahoma 73105 Do not rely on information from the Department’s boring and subsurface investigations to assess the difficulty of the work described in the Proposal Forms or to describe the actual conditions that may be encountered. Do not substitute the Department’s investigations for bidder investigation, interpretation, and judgment. The Department considers submission of a Proposal as evidence that the bidder understands and is satisfie d with the work conditions and the requirements of the proposed Contract. The Department will not be bound by statements or representations concerning conditions or description of the work unless included in the Proposal Forms, Plans, Standard Specificatio ns, Supplemental Specifications, Special Provisions, or related Contract documents. Oral explanations or instructions given by Department employees or agents before the award of the Contract are not binding. For requests for explanation of Department inte nt of the Proposal Form, Plans, Standard Specifications, Supplemental Specifications, Special Provisions, or related Contract documents, allow the Department time to reply to all prospective bidders before submission of Proposals. The Department will issue explanations as addenda to the Proposal Forms, and will provide addenda to all prospective bidders (Plan holders) by certified mail or facsimile before the Bid Opening. Acknowledge receipt of addenda on the Proposal Forms in the space provided.
102.07 Preparation of Propo Sal
A.GENERAL Submit the Proposal in the format required by the Bid Notice. For each item on the Proposal Forms, type or write (in ink) the unit price and the product of the unit price and estimated quantity on the Proposal Forms in t he space provided. Show the total Proposal amount by adding the products of the unit prices and the estimated quantities. Acknowledge any change to a unit price, the product of a unit price and quantity, or the total Proposal amount with the initials of the person signing the Proposal, adjacent to each change. If a discrepancy occurs on the Proposal, between the unit price and the product of the unit price and quantity, the Department will use the unit price. If a unit price or the product of a unit pric e and quantity is omitted for any item listed on the Proposal Forms, the Department will consider the Proposal non - responsive and will reject the Proposal. If there is a discrepancy between the submitted electronic media and written Proposal, the Departme nt will use the written Proposal. If the Department requires a printout of electronic media and a discrepancy occurs between the printout and the electronic media, the Department will use the printout. An individual, all members of a partnership, a duly a uthorized officer of a corporation, or all members of a joint venture shall sign the Proposal in black or blue ink. For Proposals submitted by a corporation, show the name of the corporation and business address. For Proposals submitted by the internet b idding process, the Department will require an electronic signature only. Include a Non -Collusive Bidding
102.08 Bidding Requirements and Conditions
Certification with the Proposal in accordance with Subsection 102.16, “Non -Collusive Bidding Certification.”
B.A + B BIDDING When submitting an A + B bid proposal, the “A” portion of the bid will include a price for each unit listed on the schedule of pay items. The “B” portion of the bid will include the time required to achieve substantial completion of the pro ject. The value of time bid (“B”Bid) will be used to compute the total bid (A + B) for comparing bids received and for determining the lowest bid. The dollar value of the contract will reflect only the extended sum of the unit prices bid as the “A” porti on of the bid. The “B” portion of the bid will also establish the time allowed to achieve substantial completion of the project, and for purposes of computing incentive payments and disincentive damages. The time bid must be less than or equal to the maxi mum time authorized for the “B” bid for substantial completion of the project as specified in the project proposal or the bid will be considered non -responsive.
102.08 Nonresponsive Propos Als
The Department will consider a proposal nonresponsive and may re ject it for any of the following reasons: The bidder submits a Proposal on an unapproved form (or format, if computer -generated), or the form is altered, incomplete, or disassembled. The bidder submits a Proposal using a form other than the latest approved Proposal Form. The Department determines that Proposal irregularities (such as unauthorized additions and conditional or alternate bids) may tend to make the Proposal incomplete, indefinite, or ambiguous. The Proposal does not contain a unit price for eac h item listed, except for authorized alternate items. The Proposal is mathematically or materially unbalanced. The Department considers a Proposal mathematically unbalanced if that Proposal contains items with lump sums or unit prices that do not reflect r easonable estimated costs plus reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs. The Department considers a Proposal materially unbalanced if that Proposal creates a reasonable doubt that award to the bidder submitting a Mathematically Unbalanced Bid will result in the lowest total cost to the Department. The Proposal is not properly signed. The Proposal is not typed or completed in ink. The bidder does not provide a properly executed Proposal Gua ranty, or irrevocable Letter of Credit. The bidder does not sign the unsworn statement made under penalty of perjury. The Proposal does not comply with any material requirement of the Bid Notice. The bidder does not properly comply with Disadvantaged Busin ess Enterprise Requirements or to properly list eligible disadvanta ged businesses in accordance with the Proposal Forms. BIDDING REQUIREMENTS AND CONDITIONS 102.14
102.09 Proposal Guaranty
Submit a Proposal Guaranty or irrevocable Letter of Credit with the Proposal for at least 5 percent of the Bid Price, unless otherwise specified in the Proposal Forms, made payable, or subject to forfeiture, to the Department.
102.10 Delivery of Proposal
Proposals shall be either: Placed in a sealed envelope plainly marked with identifying information as required. Addressed to the Department in care of the official in whose office the Proposals are to be received. Proposal data may be delivered electronically by compact disk or diskette as provided for in the current Department procedures. The title and address of the official designated to receive Proposals is: Office Engineer, 200 N.E 21st Street, Oklahoma City, Oklahoma 73105. If there is a conflict between electronic media and the written submission, the written submission shall be binding. Delivered by electronic submission over the internet as provided by the current Department procedures. File Proposals before the time and at the place specified in the Bid Notice and Proposal Forms. If the Department receives a Proposal after the time specified in the Bid Notice, the Department will return the unopened Proposal to the bidder.
102.11 Withdrawal of Propos Al
The bidder may withdraw its Proposal with an authorized representative’s notarized written request any time before the established bid opening time. The Department will return requests to withdraw a proposal to the bidder unread, if received after the Bid Opening.
102.12 Combination Bids
The Department may issue Proposal Forms for combined projects, separate projects, or both. The Department reserves the right to recommend awards on combination Proposals or separate Proposals most advantageous to the Department. The Department will not consider combinations of Proposals other than those specifically advertised by the Department.
102.13 Public Opening of Proposals
The Department will publicly open and read Proposals on the date and at the hour and place specified in the Bid Notice, and in the presence of the Director or representative.
102.14 Rejection of Proposa Ls
The Department may reject a Proposal if in the opinion of the Department the best interests of the people of the State of Oklahoma would be best served by doing so. The Department may reject a Proposal in accordance with Subsection 102.04, “Refusal of Pro posals,” Subsection 102.08, “Nonresponsive Proposals, ” and the following:
102.16 Bidding Requirements and Conditions
A bidder submits more than one Proposal for the same proposed Contract, under the same or different name. Currently having one or more Department projects in Liquidated Damages. Failure to repay the Department for overpayments made on a current or previous Department contract.
102.15 (Vacant)
102.16 Non -Collusive Biddin G Certification
Include with the Proposal the following statement subscribed or affirmed by the bidder as true under the penalties of Law. Sign, notarize, and submit the Non -Collusive Bidding Certification with the Proposal. Use the form included in the Proposal, which will be in substantially the following form: BIDDING REQUIREMENTS AND CONDITIONS 102.16 Non -Collusive Bidding Certification STATE OF OKLAHOMA COUNTY OF ___________________
A.For purposes of competitive bids, I certify:
1.I am the duly authorized agent of __________________________, the bidder submitting the competitive bid to which this statement is attached, for certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personn el in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached;
2.I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and h ave been personally and directly involved in the proceedings leading to the submission of such bid; and
3.Neither the bidder nor anyone subject to the bidder’s direction or control has been a party to the following:
a.Any collusion among bidders in restraint of freedom of competition by agreement to bid a fixed price or to refrain from bidding;
b.Any collusion with any state official or employees as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract; and
c.Any discussions between bidders and any state officials concerning exchange of money or other thing of value for special consideration in the letting of a contract.
B.I certify, if awarded the contract, whether competitively bid or not, that neither the Contractor nor anyone subject to the Contractor’s direction or control has paid, given, or donated or agreed to pay, give, or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement is attached. Certified this ________ day of _____________, 20___. (Signature) (Print Name) (Position in Company)
103.03 Award and Execution of Contract
The Department will not award a contract to a bidder that has not complied with the statements in the Non -Collusive Bidding Certification. When the bidder submits an electronic bid, the electronic media will prescribe the certifications. The following do not constitute a disclosure within the meaning of Part 1 of the Non -Collusive Bidding Certification: The bidder has published price lists, rates, or tariffs covering items being procured. The bidder has informed prospective customers of propos ed or pending publication of new or revised price lists for such items. The bidder has sold the same items to other customers at the same prices being bid. SECTION 103 AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Pro Posals
The Department will publicly open and read the Proposals. For each submitted Proposal, the Department will review and verify the product of the unit price and estimated quantity for each item and the total Proposal amoun t. The Department will compare its estimate for each item with the products of the unit price and estimated quantities in each Proposal, compare acceptable Proposals, and publicly announce the results. The Commission reserves the right to promote the Stat e’s best interest by: Rejecting any or all Proposals, Waiving an administrative error that would void an otherwise valid award, Re-advertising for new Proposals, or Proceeding to do the work by other procurement methods. The Department may deem as nonrespo nsive and reject a Proposal that does not fully comply with all requirements of the Bid Notice and Proposal Forms.
103.02 Award of Contract
With the recommendation of the Director, the Commission will award the Contract to the lowest responsible bidder wit h a responsive Proposal in accordance with the Department’s requirements. The Commission will award the Contract within the time period allowed by law.
103.03 Cancellation of Awar D
The Commission may cancel the Contract award at any time before the execut ion of the Contract in accordance with Subsection 103.09, “Failure to Execute Contract. ” The Department and Commission will not incur any liability for this action. For federal -aid Projects, concurrence and funding by the Federal Agency is required before the Department will execute the Contract. If these requirements are not met, the Commission may
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 34–41 of 935.