102BIDDING REQUIREMENTS AND CONDITIONS

102.01PREQUALIFICATION OF CONTRACTORS AND SUBCONTRACTORS—

date fixed for the opening of bids for State highway construction work. To do so, establish proof of competency and responsibility, according to 67 PA Code Chapter 457, Regulations Governing Prequalification of Prospective Bidders. Subcontractors are required to prequalify in the same manner, if listed in the proposal or if they subsequently undertake the partial or total construction of one or more items of work. To obtain a complete set of application forms, either download them from the ECMS website or contact the Prequalification Officer, Contract Management Division, Highway Delivery Division, Bureau of Project Delivery, Pennsylvania Department of Transportation, Harrisburg, Pennsylvania, 17120.

the Department as a business partner. To become a business partner, go to the ECMS website. Instructions for registration are available on the website.

102.02CONTENTS OF PROPOSAL —The proposal will specify the place for delivery of a bid; the date,

time, and place of bid opening; and the location and description of the project to be constructed. The proposal will also show the approximate quantities of work to be performed and/or material to be furnished, the contract time in which the project is to be completed. The proposal will include any special provisions and attachments pertaining to the project.

102.03ISSUANCE OF PROPOSAL —The proposal and plans will be published on the ECMS website

The proposal will include any special provisions and attachments pertaining to the project. Any addenda will also be published on the ECMS website. These documents can be downloaded and printed. Copies of the proposal and plans can be purchased by contacting one of the printing partners listed under business partner search in ECMS. Specifications or Standard Drawings listed or referred in the proposal are available for purchase upon request from the PennDOT Sales Store, P .O. Box 3451, Harrisburg, PA 17105-3451 (Telephone 717-787-6746).

102.04INTERPRETATION OF APPROXIMATE ESTIMATE OF QUANTITIES—The estimate of quantities,

shown on the proposal, and in the contract, is approximate and is shown only as a basis for the calculation upon which the contract award is to be made. The Department does not assume any responsibility that the quantities will actually be required in the project construction, nor will the Contractor be allowed to plead misunderstanding or deception because of the quantity estimates or because of the character of the wo rk, the location, or other conditions. The Department reserves the right to increase, to decrease, or to omit any of the quantities of work. An increase or decrease of the quantities of the items will not be sufficient grounds for granting an increase in the unit prices bid, except as specified in Section 110.02.

102.05EXAMINATION OF PROPOSAL, PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE

OF WORK—The Department's plans and specifications are complete and are prepared so any competent contractor is able to complete the proposed work. The bidder is required to carefully examine the proposal, plans, specifications, and project site before submitting a bid. The submission of a bid will be considered proof that the bidder has made such examination and understands the conditions to be encountered; the character, quality, and quantities of work to be performed; the material to be furnished; and the requirements of the plans, specifications, and proposal. The Department will make no allowance or concession for a bidder's failure to make the required examination. The proposed slope lines shown on the cross sections are approximate and are subject to revision and change by the Representative, depending upon the stability of material encountered during construction. Subsurface soil and geological information indicated is based upon soundings, dug test pits, and/or test borings. Such information concerning the character of subsurface material is of an exploratory nature and

has been obtained, for the Department’s use, as an aid in the project design. The information provided is representative of subsurface conditions only at the locations and depths where such information was obtained, and there is no expressed or implied agreement that uniformity of material exists between explored locations. Preliminary construction schedules are intended to provide a general overview of the sequence of construction operations, based on currently available data. Such information is developed, for the Department’s use, as an aid in the project design. Available construction scheduling information, if any, is being provided for informational purposes only. The Department makes no expressed or implied representation as to the completeness, accuracy, or correctness of the data, and accepts no responsibility for consequences resulting due to any actions undertaken based on the information provided. These schedules are not considered a part of the proposal.

102.06PREPARATION OF BIDS—

a joint venture bid, the lead joint venture will be required to furnish this information on behalf of the joint venture.

are prequalified on the date of the bid opening, as specified in Section 102.01, and who bid for work which, based on their available financial capacity and approved work classification codes, does not exceed their prequalification eligibility. Unless otherwise approved by the Contract Management Division Chief (Prequalification Office), prequalification eligibility with regard to work classification will be determined using the applicable Work Classification Code(s) shown on the Design Items screen in the WCC column for the corresponding contract item number. The Design Items screen is accessed via the Project Items link on the ECMS Bid Package screen. If a bid item has multiple Work Classification Codes, the bidder must be prequalified for only one of the Codes listed. In accordance with the provisions of 67 Pa Code 457.5(d), a prequalified contractor is: "eligible to bid on projects in which the types of work for which he is classified constitute at least 50% of the project." Items of work that are coded X or ZZ on the bid package Design Items will be excluded from the total bid price when determining compliance with the 50% requirement. Only the classification codes listed in the bid package Design Items will be credited towards meeting the 50% requirement. To determine compliance with the 50% requirement, all bidders will be credited for the Q and Z i tems. For lump sum contract items requiring a Component Item Schedule (CIS), neither the work code classifications for component items on the CIS nor the component item dollar values submitted by the contractor on the CIS will be considered in evaluating compliance with the 50% requirement. In accordance with the provisions of 67 Pa Code 457.8(b): "...the types of work on which the contractor has been classified and eligible to bid on do not constitute over 50% of the total bid price, the bid will be excluded and rejected." With regard to available financial capacity, prequalification eligibility will be determined by ensuring that the bidder's current maximum financial capacity exceed the total amount of the bid, less any credit for subletting as specified in Section 108.01(a), plus the total amount of all uncompleted work a bidder has under contract at the time of bid opening.

When an item in the bid contains a choice to be made by the bidder, indicate this choice, according to the specifications for that particular item. When preparing the bid, leave blank the unit price(s) of the alternate(s) that are not bid. Thereafter, no further choice will be allowed. Submit an online bid via the ECMS website by using a business partner password with the security level of an authorized general partner or corporate officer properly designated to execute and attest to bids. For a joint venture bid, submit an online bid via the ECMS website by using a business partner password with the security level of an authorized general partner or corporate officer properly designated to execute and attest to bids of the lead joint venture. For a joint venture bid, only one Joint Venture Business Partner is required to submit and electronically sign the bid and will be considered the Joint Venture Prime.

data files made available in the bid package, potential bidders must sign a one -time legal agreement, in ECMS, to acknowledge that the information being provided is for informational purposes only. (NOTE: The agreement can be found by logging into ECMS and clicking on the link entitled “Pre -Bid Design Files Agreement” under Bulletins.) Make no assumption of available files if not included in the bid package. Perform necessary conversion of the files for the selected grade control equipment.

in 18 Pa. C.S.A. Section 4904, or if applicable, 18 U.S.C., Section 1 020, certifies that they are authorized to make and does make the following statement on behalf of the bidder:

consultation, communication, or agreement for the purpose of restricting competition with any other contractor, bidder, or potential bidder.

approximate total bid amount, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

from bidding on this project, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

materials or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project.

of materials or services to any firm or person and has not been promised or paid cash or anything of value to any firm or person, whether in connection with this o r any other project, in consideration for this firm’s submitting a complementary bid, or agreeing to do so, on this project.

agents of the bidder with responsibilities relating to the preparation, approval, or submission of this firm’s bid on the project and has been advise d by each of them that the authorized signer has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in this Statement.

with the bid.

Section 102.06(f)10, the Pennsylvania Anti Bid Rigging Act, 73 P.S. 1611 et. seq. provided that it does not prohibit a governmental agency from accepting a bid from or awarding a contract to that person, but may be a ground for administrative suspension or debarment at th e discretion of a governmental agency under rules and regulations of that agency.

currently under investigation by any governmental agency and have not in the last 3 years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as indicated on a separate page attached to the bid document. The authorized signer of the bid hereby states that they understand and acknowledges that the above representations are material and important, and will be relied on by PennDOT, in awarding the contract for

which the bid is submitted. The authorized signer and their firm understand that any misstatement in this statement is and will be treated as fraudulent concealment from P ennDOT of the true facts relating to the submission of bids for this contract.

provide the same unit bid price for each bid entry. If the bidder provides different bid prices for an identical item number and description, the bid will be rejected.

102.07NON-ECMS (Paper Let) Bids —Wherever references are made to ECMS or electronic submission,

for the purpose of a non-ECMS/paper let contract, it will mean the paper let process identified in the proposal. The DBE commitment (Attachment A) is to be submitted via Fax to 717-705-1504. Bid the unit price. The extension and total bid amount are for informational purposes but may be used by the Department to determine bidder’s intent if the unit price is left blank.

102.08BID GUARANTY FOR EXECUTION OF CONTRACT —Bid guaranty is associated and supported

by the bidder’s prequalification requirements.

102.09DELIVERY OF BIDS —Submit bid(s) to the location designated, before the hour of the opening

date shown in the proposal. Electronic online bids will not be accepted after the time for the opening date of the bids shown in the proposal. Bid(s) received after the time for opening of bids will be returned unopened to the bidder.

102.10WITHDRAWAL OR REVISION OF BIDS—

withdraw it, except as provided herein. Bidders will be given permission to withdraw any bid, after it has been submitted to the Department, if the bidder electronically withdrawals or makes the request in person or by an accredited personal representative, by telephone, or in writing to the Secretary. Deliver requests for withdrawal to the Secretary's office before the time set for opening bids. A bidder may withdraw any bids, which have not been read, after having been declared the apparent low bidder on any other project. In withdrawing bids, make the withdrawal request to the official in charge of the bid opening, either in person or by an auth orized representative, before any such bids are read. Provide satisfactory credentials, showing authority to act for the interested bidder, at the time that the official in charge requests that any contemplated withdrawals be made. The bid withdrawn by such a request will be deleted in ECMS and will not be considered by the Department.

submitted, if the bidder electronically withdraws the bid, or appears in person or provides an accredited personal representative to make the revision. Present all such requests to the Secretary's office expeditiously so that the revision can be completed and the bid resubmitted before the time set for opening bids.

before award based on bid mistakes will be allowed by the written determination of the Secretary when the bidder requests relief and presents credible evidence that the reason for the lower bid price w as a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the bid. The request for relief and the supporting evidence must be received by the Secretary’s office within 3 business days after the bid opening but before the award of the contract. The Secretary will not allow a withdrawal of a bid if the withdrawal of the bid would result in the awarding of the contract on another bid of the same bidder, its partner or a corporation or business venture owned by or in which the bidder has a substantial interest. No bidder who is allowed to withdraw a proposal shall supply any material or labor to or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for whi ch the withdrawn bid was

submitted without the written approval of the Secretary.

102.11JOINT VENTURE—A joint venture bid will be considered a bid by each of the participants, jointly

and individually, for the entire contract performance as a joint venture, according to the proposal terms and conditions. The number of participants in a joint venture is limited to three. In the proposal, contract, specifications, drawings, or any writing constituting a part of these, the term “Bidder” or “Contractor,” or any other term intending to refer to “Bidder” or “Contractor,” as defined in Section 101, will include and mean each participant in any joint venture.

Partner. Add the items to be undertaken by each Joint Venture Business Partner. For each item added, specify the Quantity and Unit Price in whole or in part. Each Joint Venture Business Partner will be evaluated for prequalification work classifications and capacity based on the items designated, as specified in Section 102.01.

the Joint Venture Business Partner, Each two-party 50/50 Joint Venture Business Partner will be evaluated for prequalification work classifications for all items, as specified in Section 102.01. Capacity will be calculated using 50% for all items.

Select the Joint Venture Business Partners. Each three-party 34/33/33 Joint Venture Business Venture will be evaluated for prequalification work classifications for all items, as specified in Section 102.01. Capacity will be calculated using 34% for the lead joint venture and 33% for the second and third partners of the joint venture for all items.

102.12OPENING OF BIDS—Bids will be opened and announced publicly at the time, on the date, and at

the place shown in the proposal. Bidders and/or their authorized representatives and other interested persons are invited to be present. In case of an emergency, which causes evacuation of the building at the time of the bid opening, the official in charge of the bid opening will publicly announce any necessary changes in the time of depositing, opening, and announcing of bids.

102.13DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS—

bids(s):

association, a subsidiary, an affiliate, or a corporation under the same or different name;

as a bidder for future work of the Department until the participant has been reinstated as a qualified bidder;

work;

performed, for rental of equipment used, and for services rendered by public utilities;

intentional failure to adequately maintain and control traffic during construction on a previous contract.

or all bids if, in his or her judgment, the rejection is in the State's best interest.

1.a failure to submit the bid using the electronic format furnished or approved by the Department;

1.b failure to properly sign the bid, the required affidavits, or certificates, or any other required documents as specified in the proposal;

1.c failure to include a price for each item on the bid schedule, except in the case of alternate bidding; in alternate bidding, failure to include a price for one of the required alternate items on the bid schedule;

1.d failure to submit Diverse Business Participation Requirements as specified in the proposal;

1.e failure to submit Disadvantage d Business Enterprise Participation Requirements as specified in the proposal; or

2.a the proposal was not furnished or approved by the Department;

2.b part of the bid is detached;

2.c the bid contains omission(s) or alteration(s), addition(s) not specified, or deviation(s) of any other kind;

2.d the bid is materially unbalanced;

2.e the bid is not submitted under the name listed on the prequalification certificate;

2.f the bidder provides different bid prices for an identical item number and description; or

2.g failure to properly execute, approve, and return the contract, together with the Surety Bonds and the Insurance Certificate(s), as specified in Section 103.05.