UDOT 00120: Bidding Requirements And Conditions

BIDDING REQUIREMENTS AND CONDITIONS

PART 1 GENERAL

1.1SECTION INCLUDES

A.Prequalification of Bidders

B.Bidding Requirements and Responsibilities

C.Proposal, Preparation and Submittal

1.2RELATED SECTIONS

A.Section 01455: Material Quality Assurance

1.3REFERENCES

A.United States Department of Treasury Circular

B.Utah Administrative Code

C.Utah Procurement Code

D.Utah Code

1.4DEFINITIONS Not Used

1.5SUBMITTALS

A.Prequalification Application (Including supporting and supplemental

documentation (when applicable)

B.Prequalification Guaranty Form (when applicable)

C.Proposal

D.Joint Venture (JV) Letter of Intent (when applicable)

E.Confidential Financial Statement (when applicable)

F.JV Agreement (when applicable)

Bidding Requirements and Conditions

G.Corporate Resolution (when applicable)

H.Request for Withdraw (when applicable)

I.Proposal Guaranty Bond

1.6PREQUALIFICATION

A.Meet Department requirements for prequalification before submitting a

proposal on projects where the total cost within the advertised value is greater than $3 million. Refer to: http://www.udot.utah.gov/go/standardsreferences

1.Prequalification Applications (including supporting and

supplemental documentation) must be received by the Prequalification Board no less than 20 calendar days before the scheduled bid opening.

2.Renew prequalification yearly in order to maintain prequalification

status.

a.The Department may change a bidder’s prequalification

status based on the submission of additional favorable reports or evidence of unsatisfactory performance.

b.The prequalification amount limits bidding to individual

contracts of a given size or for a particular type of work.

3.Provide experience information on the Contractor’s Prequalification

Application and a confidential financial statement attested to by a Certified Public Accountant (CPA).

4.Include a complete report of the bidder’s financial resources and

liabilities, equipment, work history, and personnel.

a.The Department establishes prequalification amount and

work classification.

B.Applicants may submit a guarantee of financial support provided by an

affiliated but independent entity.

1.Applicants must use the Department’s guarantee form and submit it

with their application.

2.The guarantee may increase an applicant’s adjusted equity by a

maximum of 50 percent of the applicant’s calculated adjusted equity in the formula.

1.7JOINT VENTURE BIDDING

A.Single Project Joint Venture:

1.Two or more prospective companies may prequalify and bid jointly

on a single contract.

Bidding Requirements and Conditions

2.Each company participating in a joint venture will file a

Prequalification Application that includes a confidential financial statement attested to by a CPA.

a.Each company of the Joint Venture must be prequalified with

the Department.

B.Continuing Joint Venture:

1.Submit the following to bid jointly as a continuing joint venture on

more than one contract, over a 12-month period, involving two or more prospective bidders:

a.A Prequalification Application and confidential financial

statement of the joint venture audited by or attested to by a CPA.

b.A confidential financial statement audited by or attested to by

a CPA for each member. 1) Not required if the Department has a copy on file for the application year.

2.The Department will treat the continuing joint venture as a new firm

and determine prequalification limit on that basis.

C.Complete the following under the joint venture designation before bid

opening:

1.Bid bond

2.Department Contractor identification, password, and electronic

signature

3.Department Registration

4.Utah Contractor license

5.Submit a letter of intent together as a joint venture to the Specialist

for the Prequalification Board indicating the exact name of the joint venture and designated administrative partners before submitting a joint venture proposal on a single project.

a.Submit a letter of intent together with a copy of the fully

executed joint venture agreement at least 20 working days prior to bid opening.

6.A copy of the joint venture agreement signed by each member of

the joint venture and notarized, naming each person authorized to sign documents on its behalf.

7.Submit a corporate resolution to accompany the agreement if a

member is part of a corporation.

a.The corporate resolution will authorize the joint venture

agreement and name the officers authorized to sign the joint venture agreement or contract on behalf of the corporation.

Bidding Requirements and Conditions

1.8BIDDING DOCUMENTS

A.The Department’s Request for Proposal (RFP) will state or include the

following:

1.Project location and description

2.Bidding schedule of items for unit bid pricing

3.Time for completing work

4.Proposal guaranty amount

5.Date, time, and place of bid opening

6.Basis for proposal comparison, if it is different than total cost

7.Contract requirements not contained in the Department’s Standard

Plans and Specifications

8.Disadvantaged Business Enterprise (DBE) requirements, when

applicable

9.Date, time, and location for mandatory pre-bid conference, when

applicable

B.Quantities may increase, decrease, or be eliminated under the contract.

C.The Department pays for quantities of work as described in each pay item.

1.9BID PROPOSAL

A.A Proposal may be issued for combined projects or separately.

1.A proposal may be submitted either on the combined portions or on

separate units of the combined project.

2.The award of combined proposals or separate proposals is made to

the advantage of the Department.

3.The Department will specify which proposals may be combined.

B.The Department considers conditional proposals only when specified in

the advertisement.

C.Submit proposal in the identical name used on the prequalification or

according to a filed affidavit of change in business name or ownership.

1.Obtain the RFP, bidding information and instructions from the

Department Web site. Refer to this Section, Article 1.10.

D.The Department considers a proposal irregular and rejects the proposal as

non-responsive if:

1.Not properly signed.

2.Contractor is not prequalified, there is an insufficient amount of

prequalification, or proposing work for an unauthorized work classification.

Bidding Requirements and Conditions

3.Unauthorized additions, conditional or alternate bids, or other

irregularities making the proposal incomplete, indefinite, or ambiguous.

4.Added provisions reserve the bidder’s right to accept or reject an

award or to enter into a contract following award.

a.This does not exclude a proposal limiting the maximum

gross award amount acceptable to any one bidder at any one bid opening. The Department selects which contracts to award.

5.It lacks required bid documentation escrow, when applicable.

6.It is noncompliant with prequalification regulations.

7.It does not furnish a properly executed proposal guaranty according

to this Section, 1.10.

8.There is evidence of collusion among bidders.

9 Does not comply with conditions of current special provision for certification of Affirmative Action for DBE.

10.It omits a unit price for an estimated pay item, except for authorized

alternate bid items.

11.It is materially unbalanced.

12.It does not have a Status of Work Under Contract when required,

reflecting the Contractor’s current prequalification status or:

a.It is incomplete and improperly executed.

b.The sum of the amount of uncompleted work plus the

estimate of the amount of proposed work exceeds the amount for which the Contractor is prequalified.

13.It does not meet material or bidding requirement of the invitation for

bids.

14.It is received after date and time for bid opening.

15.It does not acknowledge receipt of or meet the requirements of

addenda.

16.Award of additional work could impede or prevent timely completion

of work currently under contract.

17.Failure to pay or settle outstanding labor issues, material bills or

claims for a contract current at the time the proposal is issued.

18.More than one proposal for the same work is submitted from an

individual, firm, or corporation under the same or different names.

19.Bid Guaranty received after date and time specified.

20.A mandatory letter of interest is not submitted.

21.Manual proposal submission does not contain both a signed hard

copy and electronic version. Electronic media device (CD/Flash Drive) is blank, unreadable, not properly signed or does not contain the correct electronic bid items and/or required files.

22.Proposal is not submitted using the current UDOT Bidding System

(UBS).

23.Proposer did not attend the mandatory pre-proposal conference.

Utah Admin Code R33-7-201(1)(a). Bidding Requirements and Conditions

24.Proposals received by the Department after the established due

date and time will not be accepted. Utah Admin Code R33-7- 402(1).

a.The Department considers submittals as part of the

proposal, including prequalification documentation, in determining a responsive and responsible proposal.

E.A non-responsible determination will be conclusive unless the bidder

appeals pursuant to the requirements of Part 16 of the Utah Procurement Code.

1.The Department may determine that a bidder is non-responsible

and reject the proposal for the following reasons:

a.Prequalification information reveals a lack of competency

and a lack of adequate machinery, plant, and other equipment.

b.Award of additional work could impede or prevent timely

completion of work currently under contract.

c.Failure to pay or settle outstanding labor and material bills

for a contract at the time the proposal is submitted.

d.Noncompliance with prequalification regulations.

e.Serious misconduct that would adversely affect the ability to

perform future work.

f.Failure to reimburse the Department for monies on

previously awarded contracts, including those where the prospective bidder is a party to a joint venture. g Contractor has unsatisfactory performance on previous or current contracts or serving probation for actions on another project.

h.Contractor is in default under previous contracts.

i.Debarred by the Department, or any State, or the Federal

Government.

j.Contractor has failed to reimburse the Department for money

owed on a previously awarded contract, including a contract where the prospective bidder was a party to a joint venture that failed to reimburse the Department.

F.Bidders will verify that the combination of the bid amount and other

contract work with the Department does not exceed the prequalification amount.

1.The Department may determine the bidder to be non-responsive

and refuse to award a contract if this combination does exceed the prequalification amount.

G.Appeal in writing to the Department Deputy Director according to Utah

Code Section 63G-6-801 through 806, as amended if the Department refuses to accept a proposal for the foregoing reasons. Bidding Requirements and Conditions

H.Submittal of a proposal is considered an affirmative statement that the

bidder has performed the following:

1.Examined the contents of the RFP.

2.Visited and investigated the site and knows existing site conditions.

a.A reasonable site investigation includes investigating the

project location, borrow sites, haul routes, and other locations related to the work to be performed.

3.Investigated the nature and location of the work.

4.Satisfied as to the character, quality, and conditions that may be

encountered and can affect work performance, budget, and other requirements of the RFP including the following:

a.Conditions bearing upon transportation, off-loading,

handling, storage, and disposal of materials.

b.Availability of labor, water, electric power, and other utilities,

and roads that provide access to and egress from the project.

c.Uncertainties of weather, river stages, irrigation channel

flow, lake and reservoir levels, or similar physical ground conditions.

d.The type of equipment and facilities needed before and

during work performance.

e.The character, quality, and quantity of surface and

subsurface materials and obstacles that may be encountered. 1) This information may be obtained from an inspection of the site, site drawings, specifications, and exploratory work made available by the Department. 2) Department boring logs and other records of subsurface investigations are available for information purposes only and are not substitutes for the bidder’s own investigation, interpretation, and judgment.

a.Boring logs and other records obtained from

the Department are for design and estimating purposes only.

I.Revise and save bid proposal using the current version of the UBS.

1.Electronically transmit the proposal to the Department authorized

repository before the time specified in the Notice to Contractors.

J.A proposal may be withdrawn or revised before the time set for receiving

proposals.

1.Provide the request for withdrawal to the Department with a

telephone call followed by documented electronic communications including a company authorized signature and the Department Contractor ID before the time set for receiving proposals. Bidding Requirements and Conditions

K.Immediately notify the Department of apparent errors, omissions, and

ambiguities in the RFP.

L.Request clarifications of the RFP documents by contacting the Project

Manager no less than 14 calendar days before bid opening to allow time for a reply before submitting the proposal.

1.The Department responds to prospective bidder requests by

certified letter or electronic communication before the specified time for bid opening.

a.The Department is bound only by written statements,

representations, or descriptions of conditions and work.

b.Oral explanations or instructions are non-binding.

2.Clarification requests received less than 14 calendar days before

bid opening will be answered at the discretion of the Department.

M.Failure to take the actions described and acknowledged in this Article

does not relieve the bidder of the responsibility for estimating the difficulty and cost of successfully performing the work and from proceeding to successfully perform the work.

N.Federal-aid projects are subject to Title 23 CFR Part 635.410, Buy

America Requirements.

1.Check the appropriate box on the bid proposal indicating the intent

to use steel or iron or both of 100 percent domestic supply or with some foreign supply.

O.Each person signing on behalf of any proposer certifies under penalty of

perjury that to the best of his or her knowledge and belief that their organization complies with the following:

1.Bid prices have been arrived at independently without collusion,

consultation, communication, or agreement with another bidder or competitor for the purpose of restricting competition.

2.Quoted bid prices have not been and will not be knowingly

disclosed by the bidder, directly or indirectly, to another bidder or competitor before bid opening unless required by law.

3.No attempt has been made or will be made by the bidder to induce

another person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

4.The named Contractor has not, whether directly or indirectly,

entered into an agreement, participated in collusion, or otherwise taken action to restrain free competitive bidding in connection with this proposal.

Bidding Requirements and Conditions

P.The Department will not consider a proposal for award nor will the

Department make an award where there has not been compliance with this Article, except as follows:

1.The bidder must furnish with the proposal a signed statement that

describes in detail the reasons the bidder cannot make the foregoing certification.

2.The Executive Director or designee determines that such disclosure

was not made for the purpose of restricting competition.

Q.The following does not constitute a disclosure within the meaning of non-

collusive bidding:

1.A bidder has published price lists, rates, or tariffs covering items

being procured.

2.A bidder has informed prospective customers of proposed or

pending publication of new or revised price lists for such items.

3.A bidder has sold the same items to other customers at the same

prices being bid.

R.A proposal made by a corporation is considered authorized by the bidder’s

board of directors.

1.Authorization is defined as signing and submitting the proposal and

includes the declaration of non-collusion on the part of the corporation.

S.Manually or electronically signing the proposal certifies compliance with

provisions of the following Non-Collusive Bidding Certification:

UTAH DEPARTMENT OF TRANSPORTATION NON-COLLUSIVE BIDDING CERTIFICATION

“I declare under penalty of perjury under the laws of the United States and the State of Utah that neither I, nor to the best of my knowledge any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into an agreement, participating in collusion, or otherwise taking action unauthorized by the Utah Department of Transportation, with regard to competing for this contract.”

T.Each bidder and each person signing on behalf of a bidder certifies as to

its own organization, under penalty of perjury, that to the best of their knowledge and belief the named Contractor has registered with and uses a “Status Verification System” to determine the work eligibility status of an employee hired after July 1, 2009, pursuant to Utah Code Section 63G-12- 302.

Bidding Requirements and Conditions

U.Manually or electronically signing the proposal certifies compliance with

provisions of this employment status verification certification.

V.Electronically signing the proposal demonstrates to the Department that

the Contractor will have and will maintain a drug and alcohol testing program that complies with applicable provisions of the Utah Administrative Code 916-6 and Utah Procurement Code Section 63G-6a- 1303 throughout the term of this contract.

1.This requirement is also applicable to subcontracts under this

contract that provide services or labor for design or construction. .

W.Apply and conform to Utah laws relative to the licensing of Contractors.

1.A Contractor’s license is required before submitting a proposal.

Exception: A Contractor may submit a proposal on a Federal-aid highway project if they can become licensed in Utah before beginning construction (i.e., prior to notice to proceed).

2.Failure to do so will result in forfeiture of award.

X.Obtain a commercial license to perform work in Utah.

1.A license will be required to proceed with work.

2.License requirements and application to perform heavy highway

construction in the state of Utah requires the applicable license for the category of work being performed.

a.The Prime Contractor is required to hold a class E-100,

General Engineering Contractor’s license and the applicable license relating to their specific category of work being performed (such as an B-100 for General Building work).

b.A Sub-contractor is required to hold the applicable license

relating to their specific category of work being performed. Licensing is governed by:

Utah Department of Commerce Occupational/Professional Licensing P O Box 145741 Salt Lake City, UT 84114-6741 (801)530-6628

Y.The Department will not issue a notice to proceed without compliance with

this Article.

Bidding Requirements and Conditions

1.10BIDDING REQUIREMENTS

A.Use the current version of the UBS from the website. Refer to:

http://www.udot.utah.gov/go/standardsreferences.

1.Contact the Department’s Construction Division for Contractor User

ID and UBS training.

B.Prepare and submit proposal using the current UBS before the specified

bid opening date and time.

1.Submit unit bid prices for the estimated quantities.

a.Research items that may be tax exempt and include this

savings in the bid price.

b.Refunds of sales tax on contract items will be refunded to

the Department.

2.Complete electronic bid documents as instructed and specified

within the current UDOT Bidding System Manual.

a.Buy America Requirements

1) Indicate whether using domestic or foreign steel. 2) Refer to Section 01455.

3.Confirm receipt of addenda.

C.Indicate the choice of alternate items in UBS when the RFP permits a

choice. UBS will not permit an additional choice.

D.Provide the name and address of the individual signing the proposal as

well as the following names and addresses, as applicable.

Table 1 Individuals Signing Proposal Type of Bidder Names and Office Addresses Required Individual Individual and post office address Partnership Each Member of the Partnership and each post office address Each Member or officer of firms represented and each post Joint Venture office address Corporation Corporation name and corporate address

E.Bidders submitting electronic proposals must sign the Bid Report to certify

they understand and are in compliance with terms and conditions of the contract.

1.The Department will not accept a proposal with an unsigned Bid

Report.

Bidding Requirements and Conditions

F.Retain electronic bid documents until the project has been completed.

1.Reference all manuals used to determine the bid proposal,

including name, date, and publisher.

G.Provide a proposal guaranty in the form of an electronic guaranty bond or

provide evidence of securing a cashier’s or certified check for not less than 5 percent of the total proposed amount made payable to the Utah Department of Transportation and issued from a surety company listed on the United States Department of Treasury Circular 570 before the specified date and time for bid opening.

1.Use Department approved surety clearing house for electronic

guaranty bond.

2.Apparent low bidder delivers proposal guaranty in the form of

cashier’s or certified check within three calendar days of bid opening.

1.11PROPOSAL OPENING

A.Bids and proposals are publicly opened at the time indicated in the

Invitation for Bids or RFP.

1.12SUSPENSION, DEBARMENT, AND APPEAL

A.Refer to Rule R907-67 of the Utah Administrative Code. Refer to:

http://www.udot.utah.gov/go/standardsreferences. Suspension may apply when there is probable cause the Contractor has engaged in activity that would lead to debarment under Utah Admin. Code R907-67.

1.The Department may suspend the Contractor from consideration

for award of contracts.

2.A Contractor who is suspended may not propose on Department

contracts.

3.Suspension may last for no more than three months unless an

indictment has been issued, or information filed, alleging that the Contractor has engaged in criminal activity that would, if true, lead to debarment under Utah Admin. Code R907-67-1.

4.If an indictment has been issued or information filed, suspension

will last until completion of the Contractor's trial or the dismissal of charges.

Bidding Requirements and Conditions

B.Refer to Utah Administrative Code Rule R907-67 (2013) Debarment of

Contractors. Refer to: http://www.udot.utah.gov/go/standardsreferences. This rule includes subsections that address:

1.Reasons for Debarment

2.Procedures for Debarment

3.Status Pending Debarment

4.Suspension from Consideration for Award of Contracts—

Indictments

5.Length of Debarment

6.Right to Appeal

C.Issues, procedures, and other matters related to misconduct committed by

contractors, consultants, owners, directors, managers, officers, fiscal agents of a Contractor or consultant, or other type of vendor that either does or seeks to do business with the Department which are not addressed by Rule R907-67 are governed as follows:

1.Utah Administrative Code Rule R33-9. Refer to:

http://www.udot.utah.gov/go/standardsreferences

2.Utah Procurement Code, Part 9, Cancellations, Rejections, and

Debarment. Part 9 of the Utah Procurement Code. Refer to: http://www.udot.utah.gov/go/standardsreferences.

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

END OF SECTION

Bidding Requirements and Conditions

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00100 General Provisions

00515 Contract Award and Execution

00120Bidding Requirements And Conditions

Ask about Section 00120

PART 1 GENERAL

1.1SECTION INCLUDES

1.2RELATED SECTIONS

1.3REFERENCES

1.4DEFINITIONS Not Used

1.5SUBMITTALS

1.6PREQUALIFICATION

1.7JOINT VENTURE BIDDING

1.8BIDDING DOCUMENTS

1.9BID PROPOSAL

1.10BIDDING REQUIREMENTS

1.11PROPOSAL OPENING

1.12SUSPENSION, DEBARMENT, AND APPEAL

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

Bidding Requirements And Conditions in other states

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