103.1-CONSIDERATION OF PROPOSALS: After the proposals are opened, read publicly, and published, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit bid prices. The results of such comparisons will be made available to the public after they are presented to the division’s award committee . In the event of discrepancy between unit bid prices and extensions, the unit bid price shall govern. The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals if, in the judgment of the Commissioner, the best interests of the State will be promoted. Proposals containing special provisions for disadvantaged business enterprises utilization, will be considered as follows:
a.When the low bidder's goal submitted in Section C - DBE Utilization Certification, of the Notice contained in the project proposal, meets or exceeds the contract DBE goals, and the
Division c — onsiders the amount of the bid to be reasonable,such bidder will be the successful
bidder.
b.When the low bidder's goal submitted in Section C - DBE Utilization Certification, of the Notice contained in the project proposal, does not meet the DBE contract goal and the
Division c — onsiders the amount of the bid to be reasonable, the bid will be accepted if he or
she can show that good faith efforts were made prior to the bid to meet the contract goals.
c.When the low bidder cannot satisfy the Division that good faith efforts have been made,this bid may be rejected, and the second low bid will be evaluated in the same manner. This procedure will continue, evaluating bids in the same manner, evaluating bids in ascending order, until either the contract DBE goal is attained or good faith efforts canbe verified and that bid will be accepted provided the amount thereof is considered reasonable by the Division. 103.2-BID PROTESTS Each Bidder, by submitting its bid, expressly recognizes the limitation on its rights to protest contained herein, expressly waives all other rights and remedies and agrees that the decision on any protest, as provided herein, shall be final and conclusive unless wholly arbitrary.
a.A Bidder may protest any determination regarding the bids received for a project by filing a notice of intent to protest by electronic mail to DOHContractProcure@wv.gov, or hand delivery or courier to the West Virginia Department of Transportation, Division of Highways, Contract Administration Division Director, Charleston, WV. Such notice shall be provided: (a) not before the opening of the bids for the project on which intent to protest is being filed; and (b) no later than two (2) calendar days after the Division opens bids for the project on which intent to protest is being filed. The notice of protest shall specifically state the grounds of the protest.
b.Within five (5) calendar days of the notice of intent to protest the protesting Bidder must file with the Division a detailed statement of the grounds, legal authorities, and facts, including all documents and evidentiary statements, in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protesting Bidder shall have the burden of proving its protest by clear and convincing evidence.
c.Failure to file a notice of protest or a detailed statement within the applicable period shall constitute an unconditional waiver of the right to protest the evaluation or qualified process and decisions there under.
d.Unless other wise required by law, no evidentiary hearing or oral argument shall be provided. The Division shall issue a written decision regarding the protest within five (5) calendar days after it receives the detailed statement of protest.
e.If the Contract Administration Division Director concludes that the Bidder submitting the protest has established a basis for protest, the Division will determine what remedial steps, if any, are necessary or appropriate to address the issue(s) raised in the protest. Such steps may include, without limitation, withdrawing or revising the decisions, issuing a new solicitation, or taking other appropriate actions.
f.Should the Bidder wish to appeal the decision of the Contract Administration Division Director, he or she shall submit t he appeal to the Secretary of Transportation / Commissioner of Highways within two (2) calendar days of receiving the decision. The Secretary of Transportation/Commissioner of Highways will then issue a final decision on the appeal within five (5) calenda r days from the date of appeal. Such decision shall be final and conclusive. 103.3-AWARD OF CONTRACT: The award of Contract, if it be awarded, will be made within thirty (30) calendar days after the opening of Proposals to the lowest responsible and prequalified bidder. The Commissioner may,with the agreement of the successful bidder, withhold award for any length of time. The successfulbidder will be notified that their bid has been accepted and that they have been awarded the Contract. 103.3.1-Contractor’s Direct Deposit Requirements: The Contractor shall receive all payments electronically via Direct Deposit. Prior to Award of the Contract, the Contractor shall be approved and registered to accept payments through the West Virginia State Auditor’s Office electronically (www.wvsao.gov). 103.4-CANCELLATION OF AWARD: The Division reserves the right to cancel the award of any Contract at any time before the execution of the Contract documents by all parties without any liability against the Division. 103.5-RETURN OF PROPOSAL GUARANTY: All proposal guaranties, except those of the two lowest bidders, will be released immediately following the opening and evaluating of the Proposals. The retained proposal guaranty of the unsuccessful of the two lowest bidders will be released within 10 days following the award of Contract, and that of the successful bidder will be released after a satisfactory bond has been furnished, as described in Section 103.6, and the Contract has been executed. 103.6-REQUIREMENT OF CONTRACT BOND: At the time of the execution of the contract, the successful bidder shall execute and deliver to the Division a good and sufficient surety or collateral bond payable to the State of West Virginia. The successful b idder is required to submit the aforementioned bond in the amount indicated by that bidder’s published Performance Rating. The Performance Rating in effect fifteen
15.calendar days prior to the bid letting shall apply. Performance Ratings and their corresponding bond amounts are available in the Contractor Prequalification Application. The submission of the aforementioned bond in the amount specified is the standard expectation of the Division in order to comply with the current Special Provision for Subc ontractor Prompt Payment and does not necessitate the withholding of retainage by the Division from monies due on future progress voucher estimates payable under the terms of the contract. The specified percentage of the contract price required for the bon d shall be consistent and applicable throughout the duration of the contract for which the bond is being submitted and shall be consistent and applicable to all contracts executed between the Division and that particular contractor. 103.7-INSURANCE REQUIREMENTS: The Contractor shall be required, in addition to any other form of insurance or bonds required under the terms of the Contract and Specifications, to procure and maintain during the life of the Contract the following types of insurance in the amounts set forth. All such policies of insurance, except for Workers’ Compensation, shall name the Division as an additional insured and shall be occurrence policies and the Certificate of Insurance provided to the Division shall so specify. The policies must provide coverage during the life of the contract regardless of when the claim is filed subject to statute of limitations. 103.7.1-Contractor’s General Liability Insurance: The Contractor shall maintain commercial general liability (CGL) coverage with limits not less than: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence * $1,000,000 Damages to Rented Premises $300,000 Medical Expense Limit $5,000 * Each Occurrence limit shall be $2,000,000 when performing any operations that are subject to 107.8 – Railway-Highway Provisions. The CGL shall be written on ISO occurrence form CG 00 01, or equivalent, and shall cover liability arising from premises-operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage whenever work involving these exposures are undertaken. The CGL policy shall include endorsements that amend the aggregate limits of insurance to be applicable to each construction project separately. Contractor shall furnish an ACORD Form 25-S Certificate of Insurance, or its equivalent, with a 30-day notice of cancellation provisions to evidence this CGL coverage. 103.7.2-Workers’ Compensation–Insurance and Employer’s Liability Insurance: The contractor shall also give evidence for Workers’ Compensation Insurance and Employers Liability Insurance, with a 30 -day notice of cancelation. The benefits provided under the Workers’ Compensation shall be benefits prescribed by West Virginia Code. The Employer’s Liability policy must include coverage to protect the contractor for claims brought under Section 23-4-2(d)(2)(ii) of West Virginia Code. The limits of insurance under this section shall be as follows: Each accident $1,000,000 Each disease $1,000,000 Each disease/employee $1,000,000 Evidence of this coverage can be set forth on the ACORD Form 25 -S as specified in Subsection 103.7.1 or approved form and shall indicate that West Virginia statutory Workers Compensation coverage is included. 103.7.3-Automobile Insurance: The Contractor shall furnish evidence, with a 30 -day notice of cancellation, to the state that it maintains an Insurance Services Office Commercial Automobile Liability insurance policy Form CA0001 or its equivalent. The policy shall include coverage for owned, non-owned, and hired vehicles. The limits for liability insurance must be at least $1,000,000 combined single limit. Evidence for the coverage shall be set forth on an ACORD Form 25-S Certificate of Liability Insurance. 103.7.4-Steam Boiler Insurance: In event steam boilers are used on the work, the Contractor shall furnish evidence that the Contractor carries in their own behalf standard Steam Boiler Insurance having an aggregate limit of not less than $250,000. The insurance specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the State. 103.8-SPECIAL BONDS AND INSURANCE: When the work is of such nature that special bond or insurance is required, the special requirements will be detailed and included in the Proposal for the project. This coverage could include, but not be limited to, builder’s risk, installation floater, maritime exposures, environmental exposures, and professional liability. 103.9-EXECUTION OF CONTRACT: The Contract shall be executed by the bidder to whom the Contract has been awarded, the bond executed by the principal and the sureties, and the Contract and bond returned to the Division within 20 days after the date of the notice of the award.
103.10 Failure To Execute Contract:
Failure by the bidder to execute the Contract and file acceptable bond within 20 days after notice of award shall be just cause for the annulment of the award; and it is understood by the bidder, in the event of such an annulment of award or the Contract, that the amount of the guaranty deposited with the Proposal will be retained by the Division and deposited in the Division of Highways Fund, not as a penalty, but as liquidated damages. Award may then be made to the next lowest responsible bidder, or the work may be readvertised and constructed under contract or otherwise, as the Division may decide.
103.11 Preconstruction Conference:
As soon as possible after the award of each Contract a preconstruction conference will be arranged by the Division. The Contractor, their superintendent, or an authorized agent sh all be present at the conference and shall present the proposed schedule of work, list of proposed subcontractors, if any, and a list of suppliers from whom materials are anticipated to be purchased. The information so presented shall be on forms submitted to the Contractor with the letter of contract award. The Division will make arrangements for utility representatives to be present.
Referenced in this section
Sections that cite this one
Award and Execution of Contract in other states
- Alaska 103 · AWARD AND EXECUTION OF CONTRACT
- Alabama 103 · AWARD AND EXECUTION OF CONTRACT
- Arkansas 103 · AWARD AND EXECUTION OF CONTRACT
- Colorado 103 · AWARD AND EXECUTION OF CONTRACT
- Georgia 103 · Award and Execution of Contract
- Idaho 103 · AWARD AND EXECUTION OF CONTRACT
- Indiana 103 · AWARD AND EXECUTION OF CONTRACT
- Kansas 103 · Award and Execution of Contract
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Source: Standard Specifications for Roads and Bridges, 2023 Edition. Pages 26–30 of 1,006. View official source ↗