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General Provisions

102Bidding Requirements and Conditions

WY · 2021 Standard Specifications✓ Full text on BuildSpecBook pages 39–0 Save this section

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Bidding Requirements and Conditions

102.1Prequalification of Bidders

1 Information and forms to apply for prequalification are contained in the “Standard Prequalification Questionnaire and Financial Statement for Bidders” (Form PQ-2), which is available on the department’s Web site or from:

Prequalification Officer Wyoming Department of Transportation State Construction Office 5300 Bishop Boulevard Cheyenne, WY 82009-3340 Phone: (307) 777-4056

2 Return completed and notarized applications to the same address.

102.2Proposal Package

1 Proposal package can be downloaded from a third party vendor website for a fee. To be included as a plan holder, download the plans/proposal from the plan site. The link to the plan site can be found on the department’s Bid Letting Information web page.

2 Anyone may purchase a package without a bid envelope.

102.3Bid Envelope and Electronic Bid System

1 The department will issue a bid envelope that enables submission of a bid to contractors prequalified for a given project . The department will not issue a bid envelope to contractors who have not submitted a “Current Work Affidavit” (Form E-103) for each bid letting or whose prequalification status has expired. A contractor may bid on every project for which he or she has received a bid envelope . The department may also refuse to issue a bid envelope to contractors for any of the following reasons:

1.The work classification for which the bidder is prequalified does not include the types

of work constituting the major portion of the contract.

2.An outstanding commitment to uncompleted work that, in the judgment of the

department, could prevent the timely completion of new work.

3.Failure to pay or satisfactorily settle any claim on record with the department.
4.Default under previous department contracts.

Bidding Requirements and Conditions SECTION 102

5.Nonpayment for a period longer than 30 calendar days of monies due the

department.

6.Failure to perform at least 30 percent of the work with their own organization.

102.4Interpretation of Quantities in the Proposal

1 The bid item quantities included in the proposal package are approximate and prepared solely for the comparison of bids. Without invalidating bid prices, the department may change quantities or eliminate pay items.

102.5Examination of Documents and Work Site

102.5.1 General

1 Before submitting a bid, the department expects contractors to examine sites and routes related to the work, as well as contract documents and those documents cited in the proposal package and addenda. The department considers submission of a bid conclusive evidence that the bidder has made such examination, is aware of, and satisfied as to site conditions and project requirements. The department is not bound by oral interpretations of this information by its employees.

102.5.2 Subsurface Conditions

1 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 of subsurface conditions and does not guarantee the accuracy of these interpolations, nor does the department guarantee the accuracy of the test data itself except at the exact points where samples were taken.

2 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. The department will not consider claims for damages or other compensation should the scope or progress of the work differ from those anticipated by the contractor. Material quality within sources naturally varies, so expect this.

102.5.3 Bid Item Numbers

1 The department identifies each bid item listed on the “Proposal” (Form E-91) by a joint numeric code and descriptive name. The first three digits in the numeric code indicate the principal section in Standard Specifications or the principal division in Special Provisions or Supplementary Specifications containing requirements for the item’s use, provision, or installation.

Bidding Requirements and Conditions SECTION 102

102.5.4 Nominal Dimensions

1 In the “Proposal” (Form E-91), the department specifies standard, manufactured items (such as fence, wire, timber, pipe, etc.) by the nominal u nits of measure or means of identification conventional within an industry.

102.6Preparation of Bids

102.6.1 General

1 The department will accept for consideration only those bids for which—before the advertised time of bid opening—it has received a bid envelope containing the following:

1.The completed “Proposal,” (Form E -91) from the electronic bid system ( EBS)

generated paper printout.

2.A notarized signature on the paper printout from one of the following:

2.1The owner of the company;

2.2An officer of the company, as recorded on the “Standard Prequalification

Questionnaire and Financial Statement for Bidders” (Form PQ-2); or

2.3Someone for whom, in writing, authorization has been requested by an

officer of the company and approved by the department’s Cont racts and Estimates Engineer.

3.Verified electronic bid bond (on Form E-91) or cashier’s check made out to

Transportation Commission in the amount of 10 percent of the bid.

102.6.2 Electronic Bid System

102.6.2.1 General

1 The department uses an EBS web application and requires bidders to prepare and submit bids using EBS. Contact Contracts and Estimates for EBS setup.

102.6.2.2 Electronic Bid Withdrawal

1 The department will charge the contractor a fee of $100 if the contractor withdraws their electronic bid and submits the EBS-generated paper bid at the time of the bid opening.

102.6.2.3 Addenda

1 Contractors will receive notification via e- mail (QuestCDN) for updating the bid documents whenever the department issues an addendum modifying the “Proposal”

Bidding Requirements and Conditions SECTION 102

(Form E-91). If multiple addenda are sent for a project, the department is not responsible for ensuring that the updates are applied in order . Acknowledge all addenda within the EBS program.

102.6.2.4 Format for Paper Printouts

1 In addition to storing data on a device, the EBS software will generate the “Proposal” (Form E-91) with the contractor’s bid incorporated in the printout. Print and submit the printout on standard office paper (8½ in × 11 in [215 mm × 280 mm], width by height). Use black ink dark enough to allow reproduction.

102.6.2.5 Discrepancy Between Device Data and Printout

1 Bid information on the printed “Proposal” (Form E-91) takes precedence over that on the EBS web application in the event of a discrepancy. A bid may be changed on the paper printout if any changes are initialed, in ink, by an authorized representative.

102.6.3 Handwritten Bid Submissions

1 The department will not accept a handwritten bid.

102.7Irregular Bids

1 The department will not consider or publicly read bids with an improper or missing signature or notarization on the “Proposal” (Form E-91) or bids that lack printed numerical values.

1 The department will publicly read at the bid opening, but may reject, bids with any of the following irregularities:

1.Ambiguity as to any part of a bid.
2.A missing unit bid price or extension.
3.Alteration, deletion, loss, or substitution of any page or part of the “Proposal” (Form

E-91) or the addition or attachment of conditional provisions.

4.An erasure or change in a unit bid price not initialed in ink by the bidder.
5.The presence of any unit bid price that generates reasonable doubt that award to

that bidder would result in the lowest ultimate cost to the department.

6.A nonmatching check digit on any page of the “Proposal” (Form E-91).
7.An improper electronic bid bond or lack of a cashier’s check payable to the

Transportation Commission of Wyoming and in the amount of 10 percent of the bid.

Bidding Requirements and Conditions SECTION 102

102.8Delivery of Bids

1 The department will only accept for consideration bids submitted in the department - issued bid envelope affixed with the original label indicating to whom the envelope was issued and for what project.

2 However delivered, ensure that the bid envelope is received by Contracts and Estimates personnel before the time and at the location advertised in the invitation for bids. The bid opening official from Contracts and Estimates will stamp bids with the time and date of receipt, as indicated by the department’s designated “official clock.” Bids not meeting these criteria will be returned unopened.

102.9Withdrawal or Revision of Bids

1 At no time will the department or its employees revise a bid for a contractor.

2 Provided the request is made in writing and received before the advertised time of bid opening, bidders may withdraw or revise an already submitted bid. Bidders may not withdraw submitted bids between the advertised time of opening and the completed reading of bids for the first project in the letting. After the completed reading for each project, bidders may (in writing) withdraw unread bids for other projects. Withdrawal of a bid is irrevocable, regardless of the reason for the withdrawal.

102.10Combination Proposals

1 The department may issue proposals and will consider bids for projects in combination or separately. On such projects, the department reserves the right to make awards in combination or separately, to its advantage. The department will not consider combination or separate bids on proposals not so specified.

102.11Public Opening of Bids

1 The department will open and publicly read bids at the time and place stated in the advertisement.

102.12Disqualification of Bidders

1 The commission may reject bids, disqualify bidders from future bidding until reinstated, or both, upon evidence of any the following:

1.Submission from the same person, firm, or corporation (under the same or different

names) of multiple bids for the same work or evidence that one bidder has a financial interest in the firm of another bidder for the same work.

2.Collusion among bidders.

Bidding Requirements and Conditions SECTION 102

3.Declaration of the bidder’s default on a department contract.
4.Determination that the bidder has made fraudulent statements on the “Standard

Prequalification Questionnaire and Financial Statement for Bidders” (Form PQ-2).

5.Past or present disbarment, disqualification, or restriction from bidding by another

government agency.

6.An attempt, successful or not, to influence department policy through gratuities or

gifts to or the employment of department personnel.

7.Demonstrated inability to meet contract requirements.

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Source: Wyoming Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 39–0 of 771. View official source ↗

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