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General Provisions (00100-00999)

103AWARD AND EXECUTION OF THE CONTRACT

RI · 2024 Standard SpecificationsBook pages 3435View official source ↗

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.

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. 1−21 The successful bidder will first receive a Notice of Tentative Award. This written communication will indicate the conditional intention of the State to award the Contract and instruct the successful bidder to arrange for the execution of the Contract Agreement and Contract Bond and for the delivery of the Certificates of Insurance, all as hereinafter provided. On Contracts jointly bid, Contractors will be held jointly and severally liable for the entire Contract. Corporate bidders must furnish documentary evidence that they have met all legal requirements to transact business in the State of Rhode Island as a condition precedent to approval of the Contract. 103.03 CANCELLATION OF AWARD . Both the Department and Division of Purchases reserve the right to cancel the award of any Cont ract before the execution thereof by all parties without any liability against the State. 103.04 RETURN OF PROPOSAL GUARANTY . The State reserves the right to retain the surety of all bidders until either the successful bi dder enters into the Contract or until such time as the award or cancellation of the Contract is announced. At this point sureties will be returned to all bidders. A Contractor will not be released from the bidding obligation because of an alleged error in the preparation of the Proposal unless the State returns the Contractor's Proposal Guaranty.

103.05 CONTRACT BOND . At the time of the execution of the Contract, the successful bidder

shall furnish a Contract Bond in a sum equal to the full amount of the Contract. The Contract Bond shall guarantee the following; complete performance of the Contract; full payment for all materials and equipment; and full payment of all wages of labor. The form of the Contract Bond shall be acceptable to both the Department and the Division of Purchases. In the event the surety fails or becomes financially insolvent, the successful bidder shall file a new Bond in the amount designated by the Department within thirty (30) days of such failures or insolvency. The Bond submitted to the Department shall be provided by a surety both acceptable to the Department and licensed and authorized to conduct business in the State of Rhode Island. All surety companies must be listed with the Department of the Treasury, Fiscal Services, Circular 570, (Latest Revision published by the Federal Register). Subsequent to award of Contract, the Department or Division of Purchases may call for additional security as required. Changes, additions, and modifications to the Contract may be made without the consent of surety.

Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 3435 of 826.