00130Award and Execution of Contract

00130.00 Consideration of Bids - After opening and reading Bids, the Agency will check them for

correct extensions of unit prices and totals. ( See 00120.65. ) The total of extensions, corrected where necessary, will be used by the Agency for Award purposes. The Agency reserves the right to waive minor informalities and irregularities , seek clarification of any Bid or response that, in its sole discretion, it deems necessary or advisable, and to reject any or all Bids for irregularities under 00120. 70 or for good cause after finding that it is in the public interest to do so (ORS 279C.395). An example of good cause for rejection in the public interest is the Agency's determination that any of the unit Bid prices are significantly unbalanced to the A gency's potential detriment. The Agency may correct obvious clerical errors, when the correct information can be determined from the face of the document s, if it finds that the best interest of the Agency and the public will be served thereby. Bids will be considered and a Contract awarded, if at all, within 30 Calendar Days from the date of Bid Opening, unless an extension beyond that time is agreed to by both parties and acknowledged in writing by the Bidder.

00130.10 Award of Contract - After the Bids are opened and a determination is made that a Contract

is to be awarded, the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section, "lowest responsible Bidder" means the responsible Bidder who submitted the lowest responsive Bid, who is not on the list created by the Construction Contractors Board according to ORS Chapter 701, and who has: • Substantially complied with all prescribed public bidding procedures and requirements. • Available the appropriate financial, Materials, Equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the prospective Bidder to meet all contractual responsibilities. • A satisf actory record of performance. In evaluating a Bidder's record of performance, the Agency may consider, among other things, whether the Bidder completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of eval uating a Bidder's performance on previous contracts of a similar nature, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Bidder's control, th e Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. Satisfactory performance of the Contract also includes compliance with the requirements for records in 00170.07 for Cont racts with the Agency. • A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may consider, among other things, whether the Bidder has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a contract or subcontract. • Qualified legally to contract with the Agency. • Supplied all necessary information in connection with the inquiry concerning responsibility. If a prospective Bidder fails to promptly supply information requested by the Agency concerning responsibility, the Agency will base the determination of responsibility upon any available information, or may find the prospective Bidder not to be responsible. • Not been disqualified by the public contracting agency under ORS 279C.440. An unexpired certificate issued by the Oregon Department of Administrative Services (under ORS 279A.167) upon completion of the curriculum and assessment that the Bidder understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Bidder employs 50 or 00130.15 28 more full -time workers and submitted a Bid for a procurement with an estimated contract price that exceeds $500,000. If the Bidder is found not to have a satisfactory record of performance or integrity, the Agency will document the record and the reasons for the unsatisfactory finding. In determining whether the Bidder is responsible, the Agency may also consider whether the Bidder has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. The Agency will provide Notice of Intent to Award on the ODOT Procurement Offic e - Construction Contracts Unit Notice of Intent website (see 00110.05(e)) . The Award will not be final until the later of the following: • Three working days after the Notice of Intent to Award has been posted as specified in the advertised solicitation or Addendum thereto; or • The Agency has provided a written response to each timely protest, denying the protest and affirming the Award. If the Agency accepts a Bid and awards a Contract, the Agency will send the successful Bidder written notice of acceptan ce and Award. Notice of Award and Contract booklets ready for execution will be sent within 30 Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special Provisions or a written mutual agreement.

00130.15 Right t o Protest Award - Adversely affected or aggrieved Bidders, limited to the three

apparent lowest Bidders and any other Bidder directly in line for Contract Award, may submit to the ODOT Procurement Office - Construction Contracts Unit a written protest of the Agency's intent to Award within 3 working days following posting of the Notice of Intent to Award on the ODOT Procurement Office - Construction Contracts Unit Notice of Intent website (see 00110.05(e)) . The protest shall specify the grounds upon which it is based. The Agency will not consider late protests.

00130.20 Cancellation of Award - Without liability to the Agency, the Agency may for good cause

cancel Award at any time before the Contract is executed by all parties to the Contract, as provided by ORS 279C.395 for rejection of Bids, upon finding it is in the public interest to do so.

00130.30 Contract Booklet - The Contract booklet may include, but is not limited to:

• Special Provisions • Addenda • Schedule of Items • Contract • Performance Bond • Payment Bond • Certification of workers' compensation coverage

00130.40 Contract Submittals - Before the Agency will execute the Contract, the successful Bidder

shall furnish the following: 00130.40

00130.50 Execution of Contract and Bonds :

00130.60 Failure to Execute Contract and Bonds - Failure of the successful Bidder to execute the

Contract and provide the required certificates, certifications, and bonds may be cause for cancellation of the Award, and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to the next lowest responsible Bidder, the Project may be re-advertised, or the Work may be performed otherwise as the Agency decides. The forfeited Bid guaranty will become the Agency's property, not as a penalty but as liquidation of damages resulting from the Bidder's failure to execute the Contract and provide the certificates, certifications, and bonds as required by these Specifications.

00130.70 Release of Bid Guaranties - Bid guaranties will be released and checks returned

7 Calendar Days after Bids are opened, except for those of the three apparent lowest Bidders on each Project. The guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders within 7 Days of the Agency's execution of the Contract.

00130.80 Project Site Restriction - Until the Agency sends the Contractor written Notice to Proceed

with the Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go onto the Project Site on which the Work is to be done, nor move Materials, Equipment, or workers onto that Project Site. 00130.90 The Contractor will not automatically be entitled to extra compensation because the commencement of Work is delayed by failure of the Agency to send the Contract for execution. However, if more than 30 Calendar Days elapse between the date the Bid is opened and the date the Agency sends the Contract to be executed, the Agency will consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract completion resulting directly from delay in commencement.

00130.90 Notice to Proceed - Notice to Proceed will be issued within 5 Calendar Days after the

Contract is executed by the Agency. Should the Agency fail to issue the Notice to Proceed within 5 Calendar Days of Contract execution, the Contractor may apply for an adjustment of Contract Time according to 00180.80(c). The Engineer will issue a First Notification recording the date the performance of the Contract has begun. 00140.00

Award and Execution of Contract in other states

• Alaska 103 · AWARD AND EXECUTION OF CONTRACT
• Alabama 103 · AWARD AND EXECUTION OF CONTRACT
• Arkansas 103 · AWARD AND EXECUTION OF CONTRACT
• Colorado 103 · AWARD AND EXECUTION OF CONTRACT
• Connecticut 1.03 · Award and Execution of Contract
• Florida 3 · AWARD AND EXECUTION OF CONTRACT
• Georgia 103 · Award and Execution of Contract
• Idaho 103 · AWARD AND EXECUTION OF CONTRACT