Effective with the December 2018 Letting 10 2019 Standard Speci fications Section 102 Bidding Requirements and Conditions 102.1 Prequalifying Bidders
1.The department will provide, upon request, information regardi ng departmental policy and procedures for prequalification of a bidder.
2.Furnish a dated prequalificati on statement on the department's form at least 10 business days before the time set for opening proposals.
3.The prequalification statemen t establishes proof of the prospe ctive bidder's competency and responsibility to perform work . The department will evaluate each prospective bidder based on verified information in the prequalification statement and on other relevant information the department may have. The department will assign ra tings, honoring all limitati ons requested by the bidder, as provided in the departmental policy. The department will maintain the bi dder's ratings for a period of time provided in the departmental policy.
4.The department will indicate, in the notice to c ontractors, if a contract does not require prequalification. 102.2 Bidding Proposal Content
1.The bidding proposal is the department-required form the prosp ective bidder must use to prepare and submit bids for the work. The department will provide the biddi ng proposal that includes:
1.The name and bidder identification numb er of the prospectiv e bidder.
2.Location and description of the project.
3.Estimate of quantities and type of work to be performed or materials to be furnished.
4.Time to complete the work. 5. Amount of the proposal guaranty.
6.Department's deadline for re ceiving completed proposals.
7.Schedule of items.
8.Contract requirements not c ontained in the standard specifi cations.
9.Special provisions.
2.Documents bound with or attached to the bidding proposal are a part of the proposal. Do not detach or alter bound documents when submi tting the proposal. The plans, standard specifications, and other documents designated in the bi dding proposal are a part of the proposal, whether attached or not, and need not be returned when the proposal is submitted. 102.3 Issuing Bidding Proposals 102.3.1 General
1.The department will provide, upon request, information regardi ng departmental policy and procedures for obtaining bidding information, submitting a bid, obtaining sample proposal forms, and purchasing plans.
2.To obtain the bidding proposal, the prospective bidder shall p requalify as specified in 102.1 unless the department indicates in the notic e to contractors that prequali fication will not be required. Submit a written request for a bidding p roposal on the department's requ est for proposal form. 102.3.2 Department May Not Issue
1.The department may refuse to issue bidding proposals to a pros pective bidder for one or more of the following reasons:
1.The department's estimate of the cost of the proposal, toge ther with the value of the prospective bidder's uncompleted contract work, exceeds the prospective bidder's est ablished ratings, as determined in 102.1, at the time set for receiving proposals.
2.The prospective bidder has w ork under way or has performed work not up to the proper standard of progress or quality. T he prospective bidder may request, in wri ting, that the department review its refusal to issue a bidding proposal as provided in the department's pre qualification policy.
3.The award of additional work, in the department's opinion, would preclude the satisf actory performance of the additional work or work alr eady under way. The prospective bidder may request, in writing, that the department review its refusal to issue a bidding proposal as pr ovided in the department 's prequalification policy.
4.Any of the causes for disqua lification of a bidder specified in 102.13.2 . 102.3.3 Department Will Not Issue
1.The department will refuse to iss ue bidding proposals to 2 or more prospective bidders on the same contract who are affiliated with e ach other, or for one or more of the following reasons: Effective with the December 2018 Letting 11 2019 Standard Speci fications 1. The prospective bidder has been suspended or debarred from bidding on department contracts under Trans 504 of the Wisconsin administrative code.
2.The prospective bidder does not supply, on the department's request for proposal form, the required information on all incomplete work. 102.4 Interpreting Bid Proposal Quantities
1.Submit unit bid prices for the estimated quantities as given i n the schedule of items. These quantities are approximate and the departmen t only uses them for the compa rison of bids. Do not plead misunderstanding or deception because of these quantities as to the character, location, or other conditions pertain ing to the work.
2.The department will only pay the contractor for the actual qua ntities of the work performed or materials furnished under the contract. T he department may increase or de crease the contra ctor’s scheduled quantities of work as provided in 109.3 without invalidating the bid prices. 102.5 Examining Contract Documents and Work Site
1.Carefully examine the contract d ocuments and perform a reasonable site investigation before submitting a proposal. Submitting a proposal is an affirmative statement that the bidder has examined the contract documents, investi gated the site, and is satisfied as to the character, quality, quantities, and the conditions the bidder will encounter in performing the work that the bidder could determine by walking the project site. A reas onable site investigation also includes investigating borrow sites, hauling routes, and all other locations related to the performa nce of the work.
2.Before the department's execut ion of the contract, obtain a pe rmit from the department before performing excavations, borings, or other activities within the highway right-of-way. Obtain the necessary permit request forms from the region operations engin eer.
3.The department may include in the contract documents, or make available for the bidder's review at the department's region or other offices, one or more of the fo llowing:
1.As built drawings.
2.Available information relati ve to subsurface exploration, b orings, soundings, water levels, elevations, or profiles.
3.The results of other p reliminary investigations.
4.The department provides information under 102.5(3) for the bidder's general knowledge only. This information is not a substitute for the bidder's own investigat ion, interpretation, or judgment. The information provided applies only to the lo cations and at the t imes indicated. 102.6 Preparing the Proposal
1.Submit completed proposals on t he department's bidding proposa l described in 102.2 . Submit legible information only. Write everyth ing in ink, by typewriter, or by computer-controlled printer. Provide all dollar amounts in dollars and cents, in numerals. Attach all ad denda to the submitted proposal.
2.Properly execute the proposal . Place the required signatures, in ink, in the space provided on the bidding proposal as indicated below: ENTITY SUBMITTING PROPOSAL REQUIRED SIGNATURE Individual The individual or a duly authorized agent. Partnership A partner or a dul y authorized agent. Joint venture A member or a duly authorized agent of at least one of the joi nt venture firms. Corporation An authorized officer or duly authorized agent of the corporation. Also show the name of the state chartering that corporation and affix the corporate seal. Limited liability company A manager, a member, or a duly authorized agent.
3.Instead of using the schedule of items provided on the departm ent's bidding proposal, the bidder may submit a substitute schedule with the proposal. Use a format fo r the substitute schedule conforming to the department’s guidelines for approval of a bidder-generated schedule of items. Obtain the department’s written approval bef ore using a substitute schedul e.
4.Provide a unit price for each bid item listed in the schedule of items. Calculate and show, in the bid amount column, the products of the respective unit prices and q uantities. For a lump sum bid item, show the same price in the unit price column and in the bid amo unt column pertaining to that bid item. Show the total bid obtained by adding the values entered in the bid amount column for the listed bid items. Effective with the December 2018 Letting 12 2019 Standard Speci fications (5) If a unit price or lump sum bid already entered in the proposa l needs to be altered, cross out the entered unit price or lump sum bid with ink or typewriter and e nter the new price above or below and initial it in ink.
6.A change that the bidder makes in the proposal is not an alter ation if the bidder makes that change as directed in a specific instruct ion contained in an addendum. 102.7 Irregular Proposals 102.7.1 Department Will Correct 102.7.1.1 All Schedules of Items
1.The department will correct arith metic errors or omissions fou nd in the completed schedule of items as follows:
1.Discrepancy between a unit price and the corresponding bid amount, or in the absen ce of a bid amount: the department will use the uni t price to determine the correct bid amount.
2.Bidder leaves the unit price column or the bid amount colum n blank for a lump sum bid item: the department will use the single v alue shown to obtain the correc t unit price and the co rrect bid amount for that bid item.
3.Discrepancy between the total bid and the sum of the correc t bid amounts, or in the absence of a total bid: the department will use the corre ct bid amounts to determine th e correct total bid. 102.7.1.2 Bidder-Generated Schedules of Items
1.The department will also correct errors in bidde r-generated sc hedules of items as follows:
1.Quantity is incorrect, and bo th the bid item number and des cription are correct: the department will correct the quantity and recalc ulate the bid amount.
2.Item number is correct and the description is incorrect: th e department will correct the description.
3.Item number is incorrect and the description is correct: th e department will correct t he bid item number.
4.Item number is correct but out of sequence and the descript ion is correct: the depar tment will ignore the error. 102.7.2 Department May Reject
1.Proposals are irregular and t he department may reject them for one or more of the following reasons:
1.The proposal contains unautho rized alterati ons of format, w ords, or figures.
2.The schedule of items contains errors, alterations, or omis sions in, bid item numbers, quantities, descriptions, or units of measure, that cannot be corrected as specified in 102.7.1 .
3.The proposal is not p repared as specified in 102.6 .
4.There are unauthorized alte rations, additions, conditional or alternate bids, amendments, attachments, or irregularities that m ay tend to make the pr oposal incomplete, i ndefinite, or ambiguous as to its meaning.
5.There are unauthor ized erasures or alterations appearing on the designation of the party to whom the department issued the bidding proposal.
6.The award of the bid, togethe r with the value of the bidder 's uncompleted contract work, exceeds the bidder's established ratings, as determined in 102.1 , at the time set for awarding the work.
7.A single entity, under the sa me or different names, or affi liated entities submit mor e than one proposal for the same work. The submitting entity may be an individual, part nership, joint venture, corporation, or limited liability company. 102.7.3 Department Will Reject
1.Proposals are irregular and t he department will reject them if the bidder:
1.Does not furnish the required proposal guaranty in the prop er form and amount as specified in 102.8 .
2.Does not submit a unit price for each bid item listed, exce pt for lump sum bid items where the bidder may show the price in the bid amoun t column for that bid item.
3.Includes conditions or qual ifications not p rovided for in the department-supplied bidding proposal.
4.Submits a bid on a bidding proposal issued to a different b idder without obtaining departmental authorization to do so.
5.Submits a bid that contains unauthorized revisions in the n ame of the party to whom the bidding proposal was issued.
6.Submits a schedule of items w ith illegibly printed bid item numbers, descriptions, or unit prices.
7.Submits a schedule of items for the wrong contract.
8.Submits a bidder-generated s chedule of items with an incorr ect bid item number and i ncorrect description for a single bid item.
9.Omits a bid item or bid items on a bidder-generated schedul e of items.
10.Submits a materia lly unbalanced bid. Effective with the December 20 18 Letting 13 2019 Standard Speci fications 11. Does not sign the proposal. 102.8 Proposal Guaranty (1)The department will reject and w ill not post a proposa l submitted without a proposal guaranty in the amount designated and payable to the party designated in the no tice to contractors. Submit the required proposal guaranty in one of the following forms:
1.Properly executed proposal b id bond subm itted on the depart ment's form.
2.Properly executed annual bid bond submitted on the departme nt's form.
3.Certified check drawn on t he account of the bidder submitting the proposal.
4.Bank’s check.
5.Cashier’s check.
6.Postal money order. (2)When submitting a bid bond, ensure that the surety is licensed to do business in W isconsin and has an equivalent A.M. Best rating of A- or better. (3)If the department invites alternate bids and the bidder elects to bid more than one alternate, the bidder may submit one proposal guaranty in the amount required for a s ingle alternate. The proposal guaranty covers each individual proposal bid. (4)If the department invites combine d bids and the bidder elects to bid one or more individual p roposal in addition to the combined proposal, the bidder must submit a proposal guaranty in the amount required for the combined proposal. The combined proposal guaranty cover s each individual proposal bid. 102.9 Proposal Delivery (1)Submit bids via the internet u sing Bid Express unless the depa rtment indicates in the notice to contractors that bid submittal on paper is allowed. (2)If submitting a bid on paper, p lace each proposal, together with the proposal guaranty, in a sealed envelope, furnished by the depar tment. On each envelope, indica te the proposal number and the name of the bidder. For mailed su bmittals, mark the sealed prop osal as indicated above and enclose in an additional envelope. The department will accept proposals at the place, until the hour, on the date designated in the notice to contractors. The department will return proposals r eceived after the designated time to the bidder unopened.
102.10 Withdrawing or Returning Proposals
(1)Provide a written request to wit hdraw a proposal already filed with the department. Submit th e withdrawal request before the deadline se t for receiving propos als. The bidder named on a withdrawn proposal cannot subsequently bid on that contract unless the department issues a new invitation for bids. (2)The department may withdraw a bidding proposal already issued or return uno pened a proposal already filed with the department if, after issuing the bidding proposal, the bidder is found to be ineligible to bid on that contract.
102.11 (Vacant)
102.12 Public Opening of Proposals
(1)The department will publicly open proposals at the time and plac e indicated in the notice to contractors. The department will post the total bid for each proposal on the Bid Express web site beginning at 9:30 AM except as specified in 102.8 . If a proposal has no total bid shown, the department will not post the bid. Af ter verification for accura cy under 103.1 , the depa rtment will post bid totals on the department’s HCCI web site. https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx (2)Bidders or their authorized agent and other interested persons are invited to be present. (3)The department may postpone the receipt of bids time or the op ening of bids time due to emergen cies or unforeseen cond itions. If the department c hanges the hour or the date of the receipt of bids time or the opening of bids time, the department will issue an addendum or public notice to notify prospective bidders.
102.13 Disqualification of Bidders
102.13.1 General
(1)If the department disqualifies a bidder, the depa rtment will n otify that bidder in writing. The d epartment will give the reason for disqua lification, the term of disquali fication, and instructions for reestablishing eligibility to bid on departmental contracts. Effective with the December 2018 Letting 14 2019 Standard Speci fications 102.13.2 Department May Disqualify
1.The department may disqualify the bidder from further bidding for a period of time determined by the department for one or more o f the following reasons:
1.The department has notified the bidder that it has initiate d a debarment or suspension action against the bidder under Trans 504 of the Wi sconsin administrative code.
2.Developments, subsequent to establishment of a bidder’s competency and qualifications, which in the department’s judgment affect the responsibility of the bidder.
3.Not complying, within a reas onable time, with the department's request to update a prequalification statement.
102.13.3 Department Will Disqualify
1.The department will disqualify the bidder from further bidding , for a period of time the department determines, if the bidder has bee n suspended or debarred from bidding on department contracts under Trans 504 of the Wiscon sin administrative code. Effective with the December 20 18 Letting 15 2019 Standard Speci fications Section 103 Contract Award and Execution 103.1 Consideration of Proposals (1)Following the public opening of t he proposals received, the de partment will com pare them based on the summation of the products o f the quantities of work listed and the contract unit p rices offered. In case of discrepancies, errors, or omissions, the department will make corrections as specified in 102.7.1 . In awarding contracts, the department, in addition to considering the amounts stated in the proposals, may consider one or more of the following:
1.The responsibility of the vari ous bidders as determined fro m a study of the dat a req uired under 102.1 .
2.The information required on the bidding proposal.
3.Information fro m other investigations that the department m ay make. (2)The department will also review the proposals for the irregula rities descri bed in 102.7 and review the eligibility of the bidde r as specified in 102.13. The department will determine wh ether irregularities are matters of form rather than substance and can be waived without prejudice to other bidders or the public interest. (3)The bidder may submit individual proposals for more than one c ontract being let. Although each individual proposal may not exceed the bidder’s rating, a combi nation of more than one proposal and incomplete work currently under contract may exceed the bidder’ s rating. If the bidder exceeds its rating, the department may award a proposal or combination of p roposals within the bidder’s rating and most advantageous to the department. (4)The department may reject any or all proposals, or waive techn icalities. The department, in its own interest, may re-advertise for bi ds or proceed with the work in another manner. 103.2 Awarding the Contract (1)Unless rejecting all proposals, the department will award the contract to the lowest res ponsible bidder whose proposal complies with 103.1 . If two or more bidders submit identical low bids, the departm ent will determine the successful bidder by flipping a coin. (2)The bidder, by written notice before the time set for opening of bids, may limit the bidder’ s total dollar volume of work or number of contra cts to be awarded in a lettin g, and the department will determine which contract or contracts to award. (3)If the department does not make an award within 30 calendar da y s after opening the proposals, the lowest responsible bidder, afte r those 30 days, may request, in writing, that the department make the award. Stipulate a deadline of 10 business days or more, after the date of the request, for the department to make the award . If the department does not make t he award within the stipulated time, the bidder is relieved of its obligation to execute a contract and contract bond. 103.3 Canceling the Award (1)The department may cancel a cont ract award befor e execution wi thout liability. 103.4 Returning Proposal Guaranty (1)The department will return the proposal guaranties of all exce pt the lowest responsible bidder within 5 busi ness days after determining the lowest qualified bidder. Th e department will return the lowest responsible bidder's proposal g uaranty as soon as the bidder executes and submits in the proper form the contract, contract bond, and other required documents. (2)If the department does not make the award within the time stip ulated by the lowest re sponsible bidder as specified in 103.2(3) , the department will return their proposal guaranty within 5 b usiness days after that deadline. 103.5 Contract Bond (1)At the time of submitting the c ontract for execution by the de pa rtment, deposit a valid surety bond with the department in the amount designated on the bond form coveri ng both performance and payment. Submit the contract bond on a department-furnished form. (2)Ensure that the surety is licen sed to do business in Wisconsin and has an equivalent A.M. Best rating of A- or better. The surety is subject to the department’s appr oval, and to the governor’s approval, if required by law.103.6 Executing and Approving the Contract (1)The bidder shall execute the contract. The principal and the s ureties shall exec ute the contract bond. Present the contract, t he contract bond, 30 percent rule docume ntation using department form WS1081, and all other department-re quired forms within 10 busin ess days after the date of notice of the award of the contract. Dep artment form WS1081 is available at:
Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 19–23 of 601.