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4.If the bidder fails to comply in every detail with the instructions provided in Subsection 102.05; Preparation of Proposal ;
5.If the Proposal is not submitted in a sealed envelope and clearly labeled as to its contents;
6.If the compact disk (CD) containing the bidder’s Proposal is unreadable by the Department of Transportation’s bid proposal software.
102.08 DELIVERY OF PROPOSALS . Proposals shall be submitted in sealed envelopes. The
envelope shall be labeled to clearly indicate its contents. When sent by mail, the sealed Proposal shall be addressed in care of the official in whose office the bids are to be received, all as indicated in the Notice to Contractors. Proposals shall be filed prior to the time and at the place specified in the Notice to Contractors.
102.09 WITHDRAWAL OR REVISION OF PROPOSALS . A bidder may withdraw or revise a
Proposal after it has been deposited with the Division of Purchases, provided the request for such withdrawal or revision is received by the Di vision of Purchases, in writing or by telegram, not later than two (2) hours before the time set for opening proposals. Upon presentation of its written request at the proper time, a bidder's Proposal will be returned unopened. If a Proposal is withdrawn in accordance with this provision, the proposal guaranty shall be returned to the bidder. Whether or not Proposals are opened exactly at the time set for such opening, a Proposal will not be received, nor may any be withdrawn, after the time set for the opening of proposals. The Department reserves the right to revise the Plans, Specifications, other Contract Documents, the Proposal, and bid opening date for any project at any time prior to the time set for opening of Proposals. Such revisions will be made by addendum, duly numbered and dated, and made accessible to bidders through the RIDOA, Division of Purchases’ website known as the R. I. Vendor Information Program (RIVIP) at http://www.purchasing.ri.gov.
102.10 COMBINATION OR CONDITIONAL PROPOSALS . If the Department so elects,
Proposals may be issued for projects in combination or separately, so that Proposals may be submitted either on the combination or on separate units of the combination. The Department and Division of Purchases reserve the right to make awards on combination bids or separate bids to the advantage of the State. No combination of Proposals, other than those as specified by the Department, will be considered. Separate contracts will be written for each individual project included in the combination. Conditional proposals will be considered only when specified in the Special Provisions. 1−16
102.11 PUBLIC OPENING OF PROPOSALS . Proposals will be opened and read publicly at
the time and place indicated in the Notice to Contractors or as amended by duly authorized Contract Addenda. Bidders, their authorized agents, and other interested parties are invited to be present at the opening of Proposals.
102.12 Disqualification of Bidders and Rejection of Proposals .
a.Mandatory Reasons for Disqualification . The Department will declare a Proposal unresponsive and shall disqualify a bidder for any of the following reasons: 1. More than one Proposal for the same work from an individual, partnership, corporation or joint venture under the same or different name;
2.Evidence of collusion among bidders. Participants in such collusion will not be considered for future proposals until re-qualified by the Department; 3. The making of false statements on prequalification documents and/or other required bidder's certifications;
4.Failure to comply with any prequalification requirements as set forth in Subsection
102.01 ;
5.Debarment by Federal or State authorities; or
6.Failure to provide a properly executed Contract Bond. b. Other Reasons for Disqualification . The Department and the Division of Purchases reserve the right to declare a Pr oposal unresponsive and may disqualify a bidder for any of the following reasons:
1.Lack of competency and adequate machinery, plant and other equipment;
2.Uncompleted work under Contract which, in the judgment of the Department, might hinder or prevent the prompt completion of additional work, if awarded;
3.Failure to pay, or satisfactorily settle, all bills due for the Prime Contractor’s labor and material on Contracts in force with the Department at the time of the Bid Opening;
4.Failure to pay or satisfactorily settl e Subcontractor Payments as provided for under Section 109.12, Subcontractor Prompt Payment where good cause, as determined by the Department of Transportation, has not been accepted. Determination of failure to pay or satisfactorily settle Subcontractor Payment s will be made within 30 days of bid opening; provided however that the bidder shall have the ri ght to either pay or settle any such claims within said 30-day period.
5.Failure to comply with any post qualification regulations or requirements of either the Department or the Division of Purchases; 6. Default under previous contracts;
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 29–30 of 826.