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7.Unsatisfactory performance on a previously awarded contract; or
8.Failure to reimburse the State for m onies owed on any previously awarded contracts including those where the prospective bidder is a party to a joint venture and the joint venture has failed to reimburse the State for monies owed.
102.13 MATERIAL GUARANTY . The successful bidder may be required to furnish a complete
statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work, together with samples to be tested for conformance with Contract provisions.
a.Domestic Steel and Iron Products . The bidder is advised of the “Buy America” requirements that apply to domestic steel and iron products as set forth in Subsection 106.01(a) of these Specifications.
102.14 Bidding Certifications.
a.Non-Collusive Bidding Certification.
1.The Certificates . Every Proposal submitted to the Department shall contain an Anti-Collusion Certificate for Contract and Force Account duly subscribed to and affirmed by the bidder as true under the penalties of law.
2.Certifications . By submission of a Proposal, each bidder and each person signing the Proposal, which includes the Anti-Collusion Certificate on behalf of the bidder, certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:
a.The prices in this Proposal have been arrived at independently without collusion, consultation, communication, or agreement with any other bidder or with any competitor for the purpose of restricting competition.
b.Unless required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to opening of Proposals.
c.No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.
3.Non-Compliance . The Quest Lite software will not enable a prospective bidder to complete the preparation of a Proposal unless the bidder certifies that he is in compliance with Paras. 2(a), 2(b), and 2(c) above. The fact that a bidder; (1) has published price lists, rates, or tariffs covering items being procured, (2) has informed prospective customers of proposed or pending publication of new or 1−18 revised price lists for such items, or (3) has sold the same items to other customers at the same prices being bid, does not constitute a disclosure within the meaning of 2(a). The Proposal submitted to the Department w ill be considered as authorized by the board of directors of the bidder. Such authorization will be deemed to include the signing and submission of the Proposal and the inclusion therein of the certificate as to non-collusion on the part of the corporation. The signers of the Proposal hereby tender to the Department a statement that the named Contractor has not, either directly or indi rectly, entered into any agreement, participated in any collusion, or otherwise taken any action to restrain free competitive bidding in connection with the Proposal.
b.Certification Regarding Debarment, Suspension and Other Responsibility Matters .
1.The Certificate . Every Proposal submitted to the Department shall contain a Certification Regarding Debarment, Suspension and Other Responsibility Matters, duly subscribed to and affirmed by the bidder as true under the penalties of law.
2.Certification . By submission of a Proposal, each bidder and each person signing the Proposal, which includes the Debarment Certification on behalf of the bidder, certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:
a.Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transac tions by any Federal department or agency;
b.Have not, within a three-year period preceding the submission of a Proposal been convicted of or had a civil judgment rendered for commission of fraud or a criminal offense in connection with obtaining or performing a pubic contract or transaction;
c.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity;
d.Have not, within the prior three-year period, had one or more public transactions terminated for cause or default.
3.Non-Compliance . In the event a prospective bidder is unable to certify to one or more of the conditions above, the bidder must attach a list of exceptions to the hard copy proposal generated by the Quest Lite program. Exc eptions listed will not necessarily result in denial of award, but will be considered in determining contractor responsibilities. The Quest Lite software allows a prospective bidder to either certify that he is in compliance with the provisions outlined in Paras. 2(a), (b), (c), and (d), above, or to not certify these provisions and instead provide with the Pr oposal a list of exceptions to document the reason(s) why he is unable to certify his compliance with these provisions. In the latter case, the software will generate a statement on the signature page of the Proposal that additional documentation is attached in support of the bidder’s inability to fully certify to the provisions. 1−19
c.Disadvantaged Business Enterprise Affirmative Action Certificate .
1.The Certificate . For all contracts containing provisions for the participation of Disadvantaged Business Enterprises (DBEs), prospective bidders shall be required to complete a Certification affirming compliance with the U.S. Department of Transportation and applicable State of Rhode Island regulations regarding participation by Disadvantaged Business Enterprises in the contract as contractors, subcontractors and/or suppliers of materials and services.
2.Certification . By submission of a Proposal, each bidder and each person signing a Proposal which includes the DBE Certification certifies that the organization shall affirmatively seek out and consider Disadvantaged Business Enterprises to participate in the contract, and develop and submit for approval to the Department, within ten days from the receipt of bids, a Disadvantaged Business Enterprise Program in a ccordance with the provisions of the DBE Certification.
3.Non-Compliance . The Quest Lite software will not enable a prospective bidder to complete the preparation of a bid Proposal unless the bidder completes the DBE Certification form in the Proposal.
d.Disclosure of Lobbying Activities .
1.The Certificate . Every bidder shall be required to certify and disclose, through the bid preparation process, any lobbying of Federal agencies, employees, officers, Members of Congress, or officers or employees of Congre ss or Members of Congress in connection with a covered Federal action.
2.Certification . By submission of a Proposal, each bidder and each person signing a Proposal certifies that, to the best of their knowledge and belief:
a.No Federal appropriated funds have or will be paid, by or on behalf of the prospective bidder, to any individual or entity for the purpose of influencing or attempting to influence any Federal agency, employee or officer thereof in connection with the awarding of any Federal contract, the making of a Federal grant or load, or any other form of a contractual nature.
b.If any funds other than Federal appropriated funds have been paid for the purpose of influencing any Federal agency, employee or officer thereof, the prospective bidder shall complete and submit as part of the bid Proposal submission, Standard Form LLL “Disclosure Form to Report Lobbying” in accordance with its instructions. The prospective bidder also acknowledges by submitting a bid Proposal that the requirements of this certification shall also apply to all lower tier subcontracts which exceed $100,000, and that all subcontractors shall certify and disclose accordingly.
3.Non-Compliance . The Quest Lite software will not enable a prospective bidder to complete the preparation of a bid Proposal unless the bidder certifies that he has met the requirements of Paras. 2 (a) and (b), above. In order to complete a bid Proposal, the bidder is 1−20 required to certify that no Federal appropriated funds have been used for lobbying purposes, to certify whether other sources of funds have been used for lobbying and if so, to report this activity on Standard Form LLL, which is included in the Quest Lite software. SECTION 103 AWARD AND EXECUTION OF THE CONTRACT
103.01 CONSIDERATION OF PROPOSALS . After the Proposals are opened and read, they
will be compared on the basis of the summation of the products of the estimated quantities shown in the Proposal by the unit bid prices. The results of such comparisons will be made available to the public. The State reserves the right to correct arithmetic errors in the Proposals prior to comparison of said Proposals. In the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. The State reserves the right to reject any or all Proposals, to waive technicalities or to advertise for new Proposals.
103.02 Post-Qualification Requirements and Award of Contract .
a.Submission of Post Qualification Requirements . All post qualification requirements shall be submitted as specified in the Contract Documents. This includes, but is not limited to, all documentation and requirements referenced under Part II: ACTION REQUIRED BY CONTRACTOR, as contained in t he Special Provision entitled, "Disadvantaged Business Enterprise Affirmative Action Certification for Contractors and Consultants." This Special Provision is located in the section of the Contract Documents entitled REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID PROJECTS. As part of the post qualification submission, the Contractor must designate on the Transportation Management Plan the Contractor ’s TMP Implementation Manager for the Contract. The Contractor’s TMP Implementati on Manager, together with the Department’s TMP Implementation Manager are the persons with the primary responsibility and authority for implementation of the Transportation Management Plan.
b.Financial Statements. The successful bidder will be required to submit a complete set of audited financial statements certified by a Certified Public Accountant (CPA). For contracts valued at $500,000 and under, the successful bidder is required to submit only its financial references and an original copy of its current financial statement.
c.Award of Contract . Contract award, if it be awarded, will be made within sixty (60) calendar days following the opening of Proposals, or within the time specified in the Notice to Contractors, to the lowest responsible and qualified bidder who submits the lowest responsive Proposal.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 31–34 of 826.