102.01 12 SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS
102.01 Prequalification Questionnaire and Competency of Bidders ......... 12
102.02 Contents of Proposal Forms ................................ ........................... 12
102.03 Interpretation of Quantities in Bid Schedule ................................ .. 13
102.04 Examination of the Site, the Work, the Plans, the Permits, and
the Specifications ................................ ................................ ........... 13
102.05 Preparation of Proposals ................................ ................................ 14
102.06 Delivery of Proposals ................................ ................................ ..... 15
102.07 Withdrawal of Proposal ................................ ................................ .. 15
102.08 Public Opening of Proposals ................................ .......................... 15
102.09 Rejection of Proposals ................................ ................................ .... 16
102.10 Proposal Guaranty ................................ ................................ .......... 17
102.11 Licensing of Bidders ................................ ................................ ...... 17
102.01 Prequalification Questionnaire and Competency of Bidders
Each prospective bidder and subcontractor must file a “Prequalification Questionnaire” and be prequalified by and in good standing with the Department according to Rules of the Tennessee Department of Transportation, Chapter 1680 -05-03, Prequalification of Contractors. Good standing means that the bidder or subcontractor is currently pre -qualified and not subject to any temporary disqualification according to Chapter 1680 -05- 03, Prequalification of Contractors, and not subject to suspension, debarment, or voluntary excl usion according to Rules of the Tennessee Department of Transportation, Chapter 1680 -05-01, Contractor Debarment and Suspension. Notify the Department if there is any subsequent change in the name, organization, or contact information provided. The Depart ment will determine prequalification status and reserves the right to refuse bid authorization or subcontractor approval based on the factors listed in Chapter 1680 -05-03.07.
102.02 Contents of Proposal Forms
Upon request, the Departm ent will furnish the bidder an electronic proposal form containing an “Instructions to Bidders” form, Supplemental Specifications, Special Provisions, and Proposal Guaranty form. The 102.03 13 proposal form will state the location and description of the contemplate d construction. The proposal form will state the time in which the Work must be completed, the amount of the Proposal Guaranty, and the date, time, and place for the opening of proposals. The Plans and Specifications are as much a part of the proposal fo rm as if they were bound therein. All of the documents contained therein are part of the proposal. The prospective bidder will be required to pay the Department the sum stated in the Instructions to Bidders for each electronic proposal form. Plans will be available for the sum stated in the Notice to Contractors.
102.03 Interpretation of Quantities in Bid Schedule
The quantities appearing on the electronic bidding file are approximate only and are prepared for the comp arison of bids and award of Contract. The Department does not guarantee or assume any responsibility that quantities shown on the Plans or given in the electronic bidding file will hold in the construction of the Project, and the Contractor shall not clai m deception or misunderstanding because of variation in these quantities or variation from the location, character of the work, or any other conditions. The Department will pay the Contractor only for the actual quantities of work performed and accepted, and materials furnished in accordance with the Contract. The schedule of quantities of work to be done and materials to be furnished may be increased, decreased, or omitted as provided under 104.02.
102.04 Examination of the S ite, the Work, the Plans, the Permits, and
the Specifications The bidder assumes the responsibility to examine the site of the Work, including the surrounding terrain, borrow sites, and access facilities, and the Plans, Spe cifications, and all other documents making up the Proposal and Addenda. It is mutually agreed that submission of a proposal is considered prima facie evidence that the bidder has performed a reasonable site investigation and is familiar and satisfied wit h the character, quality, and quantity of work to be performed, materials to be furnished, the permits, and proposal requirements. When requested and available, the Department will provide for the bidder’s review one or more of the following:
1.Record dr awings. 102.05 14 2. Information relative to subsurface exploration, borings, soundings, water levels , or profiles.
3.The results of other preliminary investigations. A reasonable site investigation includes a review of these documents. The Department makes no guarantees regarding the character or extent of utilities, water levels, soil, rock, or other subsurface conditions the bidder may encounter during the Work. The Department interpolates test data from completed borings in its reports and representations o f subsurface conditions, and does not guarantee the accuracy of these interpolations, nor does the Department guarantee the accuracy of the test data except at the exact points where samples were taken. The Department requires bidders to make their own evaluation of subsurface conditions and to determine how these conditions may affect the methods and cost of construction. Material quality within sources naturally varies, so expect this. Immediately notify the Department of any apparent error, omission, o r ambiguity in any part of the proposal. The Department will review the apparent error, omission, or ambiguity, and will issue an addendum to all prospective bidders, as appropriate. If the Department becomes aware of a change in the information provided at any time during the bidding process, it will provide reasonable written notice of the new information to the bidders or Contractor.
102.05 Preparation of Proposals
A document entitled “Instructions to Bidders” is included with the electronic proposal form. Electronically sign both the proposal form and the proposal guaranty form as directed in these instructions using the electronic bidding file furnished by the Department. Submit the completed electronic bid ding file, inclusive of the proposal form as described in 102.02 and the bid prices described below, to the Department as directed in the applicable part of these instructions. The electronic bidding file contains the contract bid items and associated estimated quantities. The following stipulations shall apply to electronic bidding: 102.06 15 1. Compare the bid quantities shown on the Plans to those contained on the electronic bidding file to ensure they are the same. Immediately notif y the Department of any discrepancies.
2.For any revisions to the proposal regarding bid items or quantities, the Department will provide an amendment to the electronic bidding file indicating the revision date. Use the amended electronic bidding file in formulating the bid. For proposals containing alternates, bid on only one alternate for each construction item. Enter prices for the intended alternate item(s) of construction and leave the undesired alternate item(s) of construction blank. The electron ic bidding program allows for only one alternate to be bid. If prices are entered for more than one alternate, the electronic bidding program will not tabulate the total. The electronic bidding program will perform all extensions of the estimated quantities and unit or lump sum prices, calculate the total bid, and allow the printing of a complete set of bid item sheets with appropriate subtotals and grand total bid price.
102.06 Delivery of Proposals
Submit each proposal via the Internet using the electronic bidding program. The Department will not consider or accept a proposal that has not been received by the time, date, and at the place set fo rth for the bid opening in the Instruction to Bidders.
102.07 Withdrawal of Proposal
A bidder may withdraw a proposal through the electronic bidding program prior to the hour of bid opening as indicated in the Instruction to Bidders.
102.08 Public Opening of Proposals
The Department will open proposals and will either read them publicly, or furnish and post bid totals on the date, time, and place indicated in the Instruction to Bidders. Bidders, authorized agents, and interested parties are invited to be present. 102.09 16 102.09 Rejection of Proposals The Department will not reject proposals solely because their con sideration is conditioned upon the elimination of other proposals submitted by the same bidder at the bid opening, provided that the Department reserves the right to make awards on combination bids or separate bids as it determines to be in its best intere sts. A bidder may tie the acceptance or rejection of two or more proposals on the condition that either all proposals are accepted or all are rejected, in which case the bids will be rejected unless each bid is the lowest responsive bid on each project. The Department may reject a proposal if any of the unit prices contained therein are mathematically unbalanced, either excessive or below the Engineer’s estimate. A materially unbalanced bid generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Department. A mathematically unbalanced bid contains lump sum or unit bid items that do not reflect reasonable actual costs and a proportionate share of bidder’s anticipated profit, overhead costs, and other indirect costs. The Department may reject any proposals as non -responsive if:
1.Proposals fail to contain a unit price for each item listed.
2.Proposals are not prepared on the prescribed forms.
3.Proposals show any una uthorized omissions, conditions, alterations of form, additions, or irregularities of any kind.
4.Proposals show unauthorized alternate bids. In the case of authorized alternate items, a unit price on only one of the alternates will be required, unless otherwise specified in the Contract.
5.Proposals are not electronically signed by an authorized representative of the bidder. The electronic signature on the electronic bidding file serves as signatures for the proposal form, proposal certification form and the proposal bond form, if applicable.
6.When electing to submit a Proposal Guaranty, the bidder fails to submit a signed Proposal Guaranty in the proper character and amount indicated on the proposal form. 102.10 17 7.The Proposal Guaranty is not properly sig ned by the Agent or Attorney-in-Fact representing a Surety accompanied by a dated and valid Power of Attorney for the Attorney -in-Fact. The date on the Power of Attorney must match the date on the Proposal Guaranty. 8.A bidder is not prequalified and in good standing on the date of letting in accordance with 102.01 and Chapter 1680 -05-03, Prequalification of Contractors. 9.There are reasonable grounds for believing that any bidder is interested in more than one proposal on the same project, or that there has been collusion among the bidders. Evidence of collusion will cause a rejection of all proposals in which the bidders involved are interested. 10.The apparent low bidder fails to complete and submit the Department form “Certification Regarding Subcontractor Bid Quotes” (Bidders List) electronically before the close of business (4:30 PM Central Time) within seven (7) calendar days after the date on which bids are required to be submitted. 11.A bidder fails t o deposit bid escrow documentation , if required . 12.A bidder fails to acknowledge addenda. 13.A bidder does not obtain or have a license with the Tennessee Department of Commerce and Insurance (TDCI), Board for Licensing Contractors (BLC) within twenty-one (21) days in accordance with 102.11.
102.10 Proposal Guaranty
With each electronic bid, submit an electronic Proposal Guaranty in accordance with the Instructions to Bidders. Ensure that the Proposal Guaranty form is compl ete and furnished by a Surety as defined in 101.03, and that the Proposal Guaranty has a Power of Attorney executed by the Surety. The proposal and the Proposal Guaranty shall be valid and binding for sixty (60) days subsequent to the date of opening bids.
102.11 Licensing of Bidders
All Contractors, except mowing and litter removal Contractors, must be licensed with the Tennessee Department of Commerce and Insurance, 102.11 18 Board for Licensing Contractors (BLC). The Contractor must be licensed in the general classification (e.g. Heavy Construction (HC); Highway, Railroad, Airport (HRA) Construction; Specialty (S); Municipal and Util ity Construction (MU); or Electrical Contracting (CE)) for the type of work in the Project that they will perform. Contractors for mowing or litter removal type contracts must be registered with the Secretary of State (i.e., have a valid Certificate of Ex istence/Authorization), if applicable, before a Contract will be awarded. A proposal submitted by a bidder will be considered for award for 21 days after the proposals are opened. If the bidder does not have a license with the BLC, on or before twenty -one (21) days after proposals are opened, the bidder will be considered non -responsive and its proposal will be rejected as irregular. The next lowest responsible bidder will then be considered for award. If the next lowest responsible bidder does not have a license on or before the twenty -one (21) days after the proposals are opened, they also will be considered non -responsive, and the subsequent bidder will then be considered. The Department may retain the Proposal Guaranty, not as a penalty, but as liqui dated damages in the event a bidder does not have a license at the time of award. Bidders that are domestic or foreign corporations, limited liability companies, limited partnerships, or limited liability partnerships, must be in good standing with the Sec retary of State (i.e., have a valid Certificate of Existence/Authorization). If a bidder is not in good standing with the Secretary of State on or before twenty -one (21) days after proposals are opened, the bidder will be considered non -responsive and its proposal will be rejected. 103.01 19 SECTION 103 – AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Proposals ................................ ............................ 19
103.02 Return of Proposal Guaranties ................................ ....................... 19
103.03 Material Guaranty ................................ ................................ .......... 19
103.04 Award of Contract ................................ ................................ .......... 20
103.05 Cancellation of Award ................................ ................................ ... 20
103.06 Execution of Contract and Contract Payment and Performance
Bond ................................ ................................ .............................. 20
103.07 Failure to Execute Contract ................................ ............................ 20
103.01 Consideration of Proposals
The electronic bid is the only official bid. After the proposals are opened, the Department will compare proposals based on the summation of the products of the unit bid prices and the ap proximate quantities. The results of such comparisons are public information. The Department reserves the right to reject any or all proposals, to waive technicalities, or to advertise for new proposals in the best interests of the Department.
103.02 Return of Proposal Guaranties
As soon as the proposal prices have been compared, the Department will return Proposal Guaranties accompanying the proposals not likely in its judgment to be involved in making the award. The D epartment will return all other Proposal Guaranties to the remaining bidders after satisfactory Contract and Contract Payment and Performance Bond or Letter of Credit, where applicable, have been executed and accepted.
103.03 Material Guaranty
Before Contract award, the Department may require the bidder to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Proje ct, together with samples. The samples may be subjected to tests, provided for in these Specifications, to determine their quality and fitness for the construction.
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 21–27 of 1,072.