00120.00 14 Section 00120 - Bidding Requirements and Procedures
00120.00Prequalification of Bidders - The Oregon Department of Transportation (ODOT) will
prequalify Bidders according to ODOT’s Oregon Administrative Rules and prequalification procedures . A Bidder must file for prequalification. Bidders shall make application for prequalification, and for required renewals, on standard forms available from the ODOT Procurement Office - Construction Contracts Unit website (see 00110.05( e)). Bidders shall return the completed application to the ODOT Procurement Office - Construction Contracts Unit by one of the following methods:
If hand delivered, the application shall be date stamped with the provided date stamping device and the application shall be placed in the ODOT Procurement Office Bid Box located in the 1st floor lobby at the following address :
Oregon Department of Transp ortation 355 Capitol Street NE Salem, OR 97301
If delivered by mail or parcel delivery service, the application shall be sent to:
Oregon Department of Transportation Procurement Construction Contracts, MS#5 -1 355 Capitol Street NE Salem, OR 97301
Contr acts will only be awarded to Bidders who, at the time of Bid Opening, are prequalified in the Class or Classes of Work specified in the Special Provisions, except that a Bidder whose prequalification has been revoked or revised as provided in ORS 279C.430( 4) may also be eligible for Award under that statute if the Project was advertised prior to the revocation or revision. The Agency will consider a Bid from a Bidder whose complete application for prequalification has been received by the ODOT Procurement Office - Construction Contracts Unit at least 10 Calendar Days before the opening of Bids. Bidders shall submit Bids in the same company name used on the prequalification application; provided however, if Bidder's legal name has changed since the submittal of its application for prequalification, it shall submit its Bid under its current legal name with the former name referenced by "formerly known as".
The Agency will regularly evaluate the performance of Contractors on its projects for purposes of respo nding to reference checks, future prequalification and determinations of responsibility.
00120.01General Bidding Requirements - Bidders may submit Bids by paper or through the
internet (electronic). If both paper Bids and electronic Bids are submitted for the same solicitation , the paper Bids will prevail. The standard prequalification forms furnished by the ODOT Procurement Office shall be used by the Bidder to file authorized signatures with the Agency. Signatures shall be of personnel authorized t o submit Bids, modify Bids, or withdraw Bids. In addition, for electronic Bids, the authorized personnel shall have a digital signature and unique ID. The digital signature and unique ID shall be obtained from BidExpress ® and approved by the Agency. For ODOT Bids, only digital signatures obtained from BidExpress® will be accepted. Bidders submitting Bids as a joint venture electronically through BidExpress® must also establish a digital signature and unique ID for the joint venture which must be used for the Bidder’s signature in BidExpress®.
00120.10 15 If the Bidder submits the Bid electronically through BidExpress® as a joint venture, in addition to the joint venture signing with the digital signature and unique ID for the joint venture, the Bidder must also submit the signature pages from the Bid Booklet signed by each member of the joint venture, together with a statement the Bidder adds above or with the signatures as follows: “The following joint venture member signatures are for the Bid for the [Insert Project Name] Project submitted by the joint venture through BidExpress®. The signatures are on behalf of each joint venture member and the joint venture and also confirm that the signatory in BidExpress® was authorized to subm it the Bid on behalf of the joint venture.” The Bidder must also email .pdf copies of the signature pages showing the signatures of the joint venture members with the required statement which must be received by Marie Wright, Construction Contracts Manager, at the ODOT Procurement Office at: ODOTProcurementOfficeConstruction@odot.oregon.gov before the Closing date and time for the Bid. The signature pages with the original signatures must also be mailed or delivered to and received by Marie Wright, Constr uction Contracts Manager, at the address given in the Bid Book as a condition of Award.
As and when applicable, the Cont ractor shall maintain the certifications required by ORS 279A.107.
00120.05Request for Plans, Special Provisions, and Bid Booklets :
Provisions are available, free of charge, on the ODOT Electronic Bidding Information Distribution System (eBIDS) website (see 00110.05(e)) identified in t he Notice to Contractors available on the ODOT Procurement Office - Construction Contracts Unit website (see 00110.05(e)) .
Bids or electronic Bids.
Provisions, and Bid Booklets from the ODOT eBIDS website. Bidders obtaining Plans, Special Provisions, and Bid Booklets must register on ODOT's list of "Holders of Bidding Plans". Bids will be considered responsive only if Bidders are registered as "Holders of Bidding Plans".
computer -generated electronic Bid Booklet from the BidExpress ® website (see 00110.05(e)) . In addition, Bidders shall access and print Plans and Special Provisions from the ODOT eBIDS website. Bidders obtaining Plans and Special Provisions must register on ODOT's list of "Holders of Bidding Plans". Bids submitted through BidExpress® will be considered responsive only if Bidders are registered as "Holders of Bidding Plans" .
In the event that access to Project information on the eBIDS website is not available, an alternate method to access the information will be posted on the ODOT Procurement Office – Construction Contracts Unit website (see 00110.05(e)). If the information is not available on the eBIDS website, there may be a delay before the information is available using the alternate method.
00120.10Bid Booklet - The Bid Booklet may include, but is not limited to:
• Bidder's checklist • Bid Section • Appendix, which includes required time-sensitive forms, DBE information, sample forms, and other informational pages The Bid Section includes all pages after the Bidder's checklist and before the appendix. The Bid Section may include, but is not limited to:
00120.15 16 • Description and location of the proposed Project • Time, date, and location for opening Bids • Project completion time • Class of Project (i.e., Federal -aid or State) • Class of Work • Identification of applicable Special Provisions • Bid statement • Certificate of non -collusion • Certificate of noninvolvement in any debarment or suspension (for Federal -aid Projects) • Certificate regarding l obbying activities (for Federal -aid Projects) • Certificate of residency (for State Projects) • Certificate of compliance with Oregon tax laws • Certificate of nondiscrimination regarding ORS 279A.110 and certificate regarding policy and practice against sexual harassment, sexual assault and discrimination against employees who are members of a protected class as required by ORS 279A.112 • Bid Schedule • Identification of Bidder(s) and Sureties • Limiting statements ( See 00120.50. ) • Bid signature page • Bid Bond form • First-tier Subcontractor disclosure form Depending on the Class of Project, other certificates or statements may be included within the Bid Section. Plans, Specifications, and other documents referred to in the Bid Section will be considered part of the Bid.
00120.15Examination of Work Site and Solicitation Documents; Consideration of Conditions
to be Encountered - Before submitting a Bid, Bidders shall c arefully examine the site of the proposed Work, the Bid Booklet, Plans, and Specifications. Bidders shall also contact Utility owners to verify all Utilities' anticipated involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered in performing the Work and all requirements of the Contract.
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder b ecause of the Bidder's failure to fully examine the site and become fully informed about all conditions of the Work, or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing through the Engineer. Requests shall be made in sufficient time for the Agency's reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before receiving Bids for a Project will not be binding. To be binding, interpretation of the Plans and Specifications by the Agency must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30. Notification of erroneous or incompl ete Plans or Specifications shall also be submitted to the Engineer. 00120.17 17 Such notification shall also be made in sufficient time for the Agency to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.
00120.16Material, Equipme nt, and Method Substitutions - When the Contract specifies certain
Materials, Equipment, products, and/or methods, the Bidder shall include those Materials, Equipment, products, and/or methods in the Bid unless the Engineer has issued an Addendum granting approval to substitute. Unless the Engineer has approved substitutions of Materials, Equipment, products, and/or methods prior to opening of Bids, the Bidder shall furnish the i tems specified in the Contract. Substitution after Award is specified in 00180.31(b), 00180.31(c), and 00180.31(d). The procedure for requesting approval is as follows:
Bidder proposes to use Materials, Equipment , products , and/or methods other than those specified, the Bidder shall send a written request to the Engineer, at least 7 Calendar Days prior to Bid Opening, including complete descriptive and technical information on the proposed Materials, Equipment , products , and/or methods.
similar in design, and equal or better in quality and function to those specified.
Bidder shall submit three copies of each with all pertinent information clearly marked.
Equipment , products , and/or methods and the proposed substitutes.
other modifications to the Plans, the Bidder shall incl ude in the substitution request all items of cost for the revised design and construction.
substitution, such approval, and any modifications necessitated to the design and construction by the substitution, will be acknowledged by Addenda.
00120.17Use of Agency-Owned Land for Staging or Storage Areas - The Contractor may use
Agency -owned property for staging or storage areas, subject to the following limitations:
available property within the normal Right -of-Way limits for the purpose of constructing improvements under the Contract. Where the Agency owns, or has rights to, other adjacent properties in the Project area, "normal Right -of-Way" is limited to a line drawn across that property connecting the normal Right -of-Way limits on either side of the property.
outside of normal Right -of-Way limits for the Project without the approval of the Engineer.
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid, and the Contractor proposes to use Agency -owned property outside the normal Right -of-Way limits, then use of the property may be approved b y the Engineer, but the Contractor will be assessed fair market value, as determined by the Engineer, for use of the property.
00120.20 18 (c) Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations pertaining to use of A gency -owned property, and shall:
• Not cause unreasonable impacts on traffic and other facility users. • Clean up all hazardous materials deposited by, or resulting from, Contractor operations. • Be responsible for all costs associated with use of the property.
00120.20Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule
are approximate and are provided only for comparison of Bids. The Agency does not warrant that the actual individual items, amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment to the Contractor will be made only f or actual quantities of Work performed and accepted or Materials furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be furnished may each be increased, decreased, or omitted as provided in 00120.30 and 00140.30.
00120.25Subsurface Investigations - If the Agency or its consultant has conducted subsurface or
geologic investigations of the proposed Project Site, the resul ts of the investigations may be included in written reports. If reports have been prepared, copies will be available at the Engineer's office. If the Agency has retained subsurface samples, they will also be available for inspection. Bidders and the Contractor may make arrangements for viewing the samples through the Engineer's office. The availability of subsurface information from the Agency is solely for the convenience of the Bidder and shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required by 00120.15, or other responsibility under the Contract Documents. It is mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents. • The subsurface investigations made by the Agency are for the purpose of obtaining data for planning and design of the Project. • The data for individual test boring logs apply only to that particular boring and is not intended to be conclusive as to the character of any material between or around test borings. • If Bidders use this information in preparing a Bid, it is used at their own risk, and Bidders are responsible for all conclusions, deductions, and inferences drawn from this information.
00120.30Changes to Plans, Specifications, or Quantities before Opening of Bids - The Agency
reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities. The Agency will provide Addenda only by publishing them on the ODOT eBIDS website (see 00110.05(e)).
Addenda may be downloaded from the ODOT eBIDS website. Bidders shall be responsible for checking the website for Addenda. Bidders should check the website weekly until the week of Bid Closing and daily the week of Bid Closing.
Bidders, not the Agency, shall be responsible for failure of Bidders to check and download Addenda. Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the Agency to not be based on all Addenda published on the ODOT eBIDS website before Bid Closing. In the event that access to Addenda on the eBIDS website is not available, an alternate method to access the Addenda will be posted on the ODOT Procurement Office - Construction Contracts Unit website (see 00110.05(e)). If the Addenda is not available on the eBIDS website, there may be a delay before the Addenda is available using the alternate method.
00120.40Preparation of Bids - Bids not in compliance with the requirements of this Subsection will
be considered non-responsive. 00120.40
documents within the Bid Section that are accessed and printed from the ODOT eB IDS website (see 00110.05(e)) . Bid Sections obtained from BidExpress® shall not be substituted for paper Bid Sections. Bidders shall complete the certifications and statements included in the Bid Section of the Bid Booklet according to the instructions. Signature of the Bidder's authorized representative thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements contained in the Bid Booklet. Entries on paper documents in the Bid Section shall be in ink or typed. Signatures and initials shall be in ink, except for changes and withdrawls submitted by email transmission as provided by 00120.60 (in which case signatures on the scanned document shall be considered originals).
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified in 00120.10, together with all other required documents that are part of the Bid Booklet, between the front and back covers of the Bid Booklet , except that the Bid Bond is not required if another permissible type of Bid guaranty is provided. ( See 00120.40(e) .)
latest version of AASHTOWare Project Bids TM software and submit using the BidExpress® website (see 00110.05(e)) . Bidders shall complete the certifications and statements included in the Bid Section of the electronic Bid Booklet according to the instructions. The authorized d igital signature of the Bidder constitutes the Bidder's confirmation of and agreement to all certifications and statements contained in the electronic Bid Booklet. Bidders choosing to submit Bids through the internet shall be responsible for any additiona l fees associated with submitting Bids using AASHTOWare Project BidsTM software and the BidExpress® website.
that may affect bidding considerations:
Subsection Requirements
00120.80Reciprocal Preference for Oregon Resident Bidders
00130.80Project Site Restrictions
00150.55Cooperation with Other Contractors
00150.75Protection and Maintenance of Work during Construction
00160.20(a) Buy America
(b) Buy Oregon
00170.07Record Requirements
00180.20Subcontracting Limitations
00180.21Subcontracting
00195.00(a) Cost of Insurance and Bonds
00195.50(a)(1) Progress Estimates
00199.30Claims Procedure
paper Bid Schedule. For each item in the paper Bid Schedule, Bidders shall enter the unit price and the product of the unit price multiplied by the quantity giv en. The unit price shall be greater than zero, shall contain no more than two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and cents (for example, $150.25 or $0.37). Bidders shall also enter the total amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections or changes of item entries shall be in ink, with incorrect entry lined out and correct entry entered and initialed. 00120.40
the unit price for each of the separate Bid Items listed. The unit price shall be greater than zero, shall contain no more than two decimal places to the right of the decimal point, and shall be expressed in U. S. dollars and cents (for example, $150.25 or $0.37).
which all communications concerning the Bid and Contract should be sent. The Bid must be signed, or digitall y signed, as appropriate, by a duly authorized representative of the Bidder. In addition, the electronic Bid requires the unique ID obtained from BidExpress ® and approved by the Agency.
total amount of the Bid. Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered by 00130.70.
either a Surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 , or security in the form of a cashier's check or certified check made payable to the Agency. ( See ORS 279C.365( 5).)
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the paper Bid Booklet .
choose to submit an electronic Bid Bond or a paper Bid guaranty prior to the time of Bid Closing, as follows:
• The electronic Bid Bond which is part of the digitally signed electro nic Bid Booklet. This electronic Bid Bond shall include the approved Bond ID number issued by the Surety and shall be submitted by the Bidder prior to the time of Bid submission given in the Bid Booklet; or • A Bid Bond form which is part of the electronic Bid Booklet may be printed and then filled out. The printed Bid Bond form, with original signatures and the Surety's seal affixed, shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid Booklet. Alternately, if the Bidder chooses to submit a Bid guaranty in the form of an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a cashier's check or certified check made payable to the Agency (see ORS 279C.365( 5)), it shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid Booklet.
the Agency's cost range for a public improvement Project in the "Notice to Contractors", or in other advertisement or Solicitation Documents, exceeds $100,000, the Bidder shall, within 2 working hours of the time Bids are due to be submitted, submit to the A gency, on a form provided by the Agency, a disclosure identifying any first -tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to or greater than:
• 5% of the total Project Bid, but at least $15,000; or • $350,000, regardless of the percentage of the total Project Bid.
For each Subcontractor listed, Bidders shall state: 00120.40 • The name of the Subcontractor; • The dollar amount of the subcontract; and • The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. Failure to submit a form or submission of a form that does not include the information required by ORS 279C.370 for each Subcontractor listed, specifically the name of each Subcontractor, the dollar amount of each subcontract and the category of Work that each Subcontractor will perform, will result in the rejection of the Bid. The Agency is not required to determine the accuracy or the completeness of the Subcontractor disclosure. See ORS 279C.370 and OAR 731-007 -0260.
The Subcontractor Disclosure Form may be submitted for a paper Bid (see 00120.05(b)(1)) by:
• Filling out the Subcontractor Disclosure Form printed from the Bid Booklet on the ODOT eBIDS website (see 00110.05(e)) and submitting it together with the Bid at the time and place designated for receipt of Bids; • Printing it from the Bid Booklet on the ODOT eBIDS website, filling it out and submitting it separately to the ODOT Procurement Office by email transmission to the email address given in the paper Bid Booklet; or • Using the form provided on the Agency's website, identified in the Bid Booklet on the ODOT eBIDS website, and pressing the submit button on the form .
The Subcontractor Disclosure Form may be submitted for an electronic Bid ( see 00120.05(b)(2)) by:
• Filling out the Subcontractor Di sclosure Form included as a file in the electronic Bid Booklet and submitting it together with the Bid, using the BidExpress ® website (see 00110.05(e)) , at the time designated for receipt of Bids; • Printing it from the Bid Booklet on the ODOT eBIDS website, filling it out and submitting it separately to the ODOT Procurement Office by email transmission to the email address given in the paper Bid Booklet; or • Using the form provided on the Agency's website identified in the Bid Booklet on the ODOT eBIDS website and pressing the submit button on the form .
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the ODOT P rocurement Office within 2 working hours of the time designated for receiving Bids.
The Agency is not responsible for partial, failed, illegible or partially legible email transmissions or submittals, and such forms may be rejected as incomplete.
In the event that multiple Subcontractor Disclosure Forms are submitted, the last version received prior to the deadline will be considered to be the intended version.
Guidelines, and if any disclosures are required (with the exception of any required disclosures for Subcontractors, which are addressed under 00180.21), Bidders shall complete the Conflict of Interest Disclosure Form(s) and submit, before the time Bids are due to be submitted, by paper according to 00120.45(a) for both paper Bids and electronic Bids. The ODOT Conflict of Interest Guidelines and Conflict of Interest Disclosure Form are available on the ODOT Procurement Office website (see 00110.05(e)). 00120.45 If disclosures are not required under the Agency's Conflict of Interest Guidelines, no disclosures need be submitted.
00120.45Submittal of Bids :
to the offices and addresses, and at the times , given in the Bid Booklet. Bidders shalls ubmit paper Bids in a sealed envelope provided by the Agency, or a reasonably similar envelope marked with the word "Bid", t he name of the Project, and the words "To Be Opened Only by Authorized Personnel" on the outside. If submitting Bids by mail or by parcel delivery service, the Bidder shall place the sealed envelope containing the paper Bid inside a separate sealed envelo pe or package. Paper Bids submitted or received after the time set for receiving paper Bids will not be opened or considered. The Agency assumes no responsibility for the receipt and return of late paper Bids.
Project Bids TM software and shall be submitted using the BidExpress® website (see 00110.05(e)) . Closing time for acceptance of Bids is 9:00:00 a.m. local time on the D ay of Bid Opening. ODOT and BidExpress® will not accept any Bids submitted after that time.
00120.50Submitting Bids for More than One Contract - A Bidder who desires to submit either
paper Bids or electronic Bids for more than one Contract at a single opening of multiple Bids may submit one of the "Limiting Statements" in the Bid as follows:
• If the volume of Work to be awarded is to be limited by the number of Contracts, fill in Limiting Statement No. 1 in the paper Bid Booklet , or check the appropriate box in the electronic Bid Booklet. • If the volume of Work to be awarded is to be limited by the total of the Contract Amounts, fill in Limiting Statement No. 2 in the paper Bid Booklet , or check the appropriate box in the electronic Bid Booklet. If a Bidder makes a limiting statement on any Bid, the statement will apply to all Bids submitted by the Bidder at that opening. Should limiting statements be made on more than one Bid, and the statements differ, the lower limiting number or amount shall govern.
Bidders shall make no qualifications of the Bids that attempt to reserve the right to choose, from among two or more Contracts, the Contract or Contracts that the Bidder will accept. Selection of Contracts will be made by the Agency.
00120.60Revision or Withdrawal of Bids :
after the paper Bid has been delivered to the ODOT Procurement Office, provided that:
• Changes are prepared according to the instructions identified in the Bid Booklet; and • Changes are received at the same offices, addresses, and times id entified in the paper Bid Booklet for submitting Bids; and • The changes are submitted in writing or by scanning and submitting via email transmission to the email address given in the paper Bid Booklet, signed by an individual authorized to sign the Bid.
00120.70 23 A Bidder may withdraw its paper Bid after it has been delivered to the ODOT Procurement Office, provided that:
• The written withdrawal request is submitted on the Bidder's letterhead, either by hand delivery or by scanning and submitting via email to the email address given in the paper Bid Booklet; and • The request is signed by an individual who is authorized to sign the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request; and • The request is received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids.
will not be permitted. However, the Bidder may submit multiple electronic Bids for the same Project to revise the electronic Bid. All electronic Bid submittals must meet all requirements and deadlines for submitting electronic Bids. The last electronic Bid submitted shall supersede all previous submittals.
Any requ est for withdrawal of a Bid submitted electronically may be completed through BidExpress ® prior to the time set for closing Bids. The Bidder may also withdraw its electronic Bid by written withdrawal request according to the following:
• The written withdrawal request is submitted on the Bidder's letterhead, either by hand delivery or by submitting a scanned version via email to the email address given in the Bid Booklet ; and • The request is signed by an individual who is authorized to si gn the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request; and • If the request is being submitted by hand delivery, the Bidder shall date stamp the written withdrawal request with the provided date stamping device and shall p lace it in the ODOT Procurement Office Bid Box located in the 1 st floor lobby at the following address :
Oregon Department of Transportation 355 Capitol Street NE Salem, O R 97301
The written withdrawal request is received before 9:00:00 a.m. local time on the Day of Bid Opening.
00120.65Opening and Comparing Bids - Bids will be opened and the total price for each Bid will
be read publicly at the time and place specified in the Notice to Contractors and the Bid Booklet. Bidders and other interested parties are invited to be present.
Bids for each Project will be com pared on the basis of the total amount of each Bid. The total amount of the Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended amount, the unit price shall govern, and the Agency may make arithmetic corrections on extension amounts.
00120.70Rejection of Non -responsive Bids - A Bid will be considered irregular and will be rejected
if the irregularity is deemed by the Agency to render the Bid non-responsive. Examples of irregularities include, without limitation: 00120.80 • The Bid Section documents provided are not properly used or contain unauthorized alterations. • The Bid is incomplete or incorrectly completed. • The Bid contains improper additions, deletions, alternate Bids, or conditions. • The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as required by 00120.01. • The Bid is submitted on documents not obtained directly from the ODOT eBIDS website or from BidExpress® (see 00110.05(e)) , or is submitted by a Bidder who is not registered on ODOT's "Holders of Biddi ng Plans" list, as required by 00120.05. • A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be rejected. • The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes received by email as provided by 00120.60). • Each change or correction is not individually initialed. • White -out tape or white-out liquid is used to correct item entries. • The price per unit cannot be determined. • The Bid guaranty is insufficient or improper. • The original Bid Bond form is not used or is altered. • The Oregon Construction Contractors Board registration number and expiration date are not shown on the Bid if required in the Solicitation Document. This requirement applies to State -funded Projects, with the exception of Aggregate production and landscape Projects. ( Not required on Federal -aid Projects .) • A disclosure of first -tier Subcontractors, if required under 00120.40(f), is not received within 2 working hours of the time Bids are due to be submitted, or the disclosure form is not complete. • The Bidder has not complied with the DBE requirements of the solicitation. • The Bid does not acknowledge all issued Addenda. • The Bid contains entries that are not greater than zero. • The Bid contains entries with more than two decimals to the right of the decimal point. • The Bid entries are not expressed in U.S. dollars and cents. • An electronic Bid is not received due to failure to comply with all requirements of BidExpress ®. The Bidder has not submitted required Conflict of Interest Disclosure Form(s), if any. (See 00120.40(g) .) The Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.
Reciprocal Preference for Oregon Resident Bidders - This Subs ection applies only to
Contracts for Projects financed without federal funds.
Bidders shall complete the certificate of residency provided by the Agency in the Bid Booklet. Failure to properly complete the form will be cause to reject the Bid.
As used i n the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months immediately preceding submission of the Bid; 00120.95 25 • A business addre ss in the State of Oregon; and • Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awar ding the Contract, add a percentage increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each stat e will be published on or before January 1 of each year by the Oregon Department of Administrative Services. The Agency may rely on these percentages without incurring liability to any Bidder (ORS 279A.120).
This increase will only be applied to determin e the lowest Bid, and will not cause an increase in payment to the Contractor after Award of the Contract.
00120.90Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected. Any of
the following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different name(s). • Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and may be subject to criminal prosecution. • Any of the grounds for disqualification cited in ORS 279C.440. A Bidder will be disqualified if the Bidder has:
• Not been prequalified as required by 00120.00; • Been d eclared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860; • Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or has not been licensed by the State Landscape Contractors Board before subm itting a Bid (ORS 279C.365(1)(k), ORS 701.021, ORS 701.026, and ORS 671.530). The Bidder's registration number and expiration date shall be shown in the Bid form, if requested. Failure to furnish the registration number, if requested, will render the Bid non-responsive and subject to rejection. ( Not required on Federal -aid projects .); or • Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public contract for a public improvement.
00120.91Rejection of Bid on Grou nds of Nonresponsibility of Bidder - The Bid of a Bidder who
is found to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3) will be rejected.
00120.95Opportunity for Cooperative Arrangement - The Ag ency will offer the Contractor and its
Subcontractors an opportunity to enter into a partnering agreement structured to take advantage of the strengths of each organization. The objective of the partnering agreement is the effective and efficient completi on of the Work, on time and to a standard of quality that will be a source of pride to both the Agency and the Contractor. Participation in the program is voluntary and is not a condition for Award. An offer to participate should not be included in Bid or Proposal materials. An election for a partnering agreement will be included with the Contract Documents to be executed by the successful Bidder.
00120.95 26 It is intended that the partnering agreement will result in informal agreements that will allow the Contrac t requirements to be achieved effectively and efficiently by both the Contractor and the Agency.
The Agency will make all arrangements for the orientation workshop and will bear the costs of the workshop including meals, facilitator, and workshop materials. The Agency and the Contractor will bear the salary, transportation, lodging, and other costs of their own personnel. The orientation workshop may include key Agency personnel, other stakeholders, key Contractor personnel and key Subcontractor personnel. Generally, workshops are limited to about 20 participants. Participants will not be available for other duties during this period.