Current through September 17, 2024
002.01
PREQUALIFICATION OF
BIDDERS
002.01A All persons,
(any individual, co-partnership, association, corporation or joint stock
company) proposing to bid on a contract for the construction, reconstruction,
improvement, maintenance, or repair of roads, bridges and their appurtenances
to be let by the Department shall submit a statement showing his/her
experience, equipment, and financial condition; except that such statement
shall not be required for contracts for repair and maintenance where the
estimate of the Engineer for such repair and maintenance is less than
twenty-five hundred dollars, or of an emergency nature. Such statement shall be
under oath and on a form to be provided by the Department and shall be
submitted not later than ten days before the letting of the Contract or
Contracts. The statement shall develop fully the financial ability, adequacy of
plant and equipment, organization, prior experience, and such other pertinent
and material facts as may be desirable. The Department may require additional
information at any time. The statements of bidder's experience, equipment, and
financial condition will not be retained in the active file of qualified
bidders after the financial condition shown is of a date fifteen months prior.
Any person whose qualification will expire on or before the date of a letting
must submit a new statement and request to be qualified at least ten days
before the letting at which he/she desires to bid. Any person who desires a
change in his/her qualification must submit a new statement or a request in
writing at least ten days before the letting at which the change would be
effective. Upon the compliance with all laws and rules and regulations relating
thereto, such person will be qualified for the amount and class of work to
which he/she is entitled. All information furnished the Department shall be
confidential.
002.01B The financial
showing required in such statement shall be certified by a public accountant
holding a currently valid permit from the Nebraska Board of Public Accountancy
or by any certified public accountant holding a currently valid
permit.
002.01C The use of a
"Letter of Credit" as an alternate means of showing financial condition will be
permitted when the net amount of the "Letter of Credit" does not exceed five
hundred thousand dollars. The "Letter of Credit" must be from a licensed or
chartered financial institution. The "Letter of Credit" shall be certified by a
public accountant holding a currently valid permit from the Nebraska Board of
Public Accountancy or by any certified public accountant holding a currently
valid permit.
002.02
QUALIFICATION
002.02A Each person will be qualified upon
such statement for an amount of work which he/she can perform properly as
evidenced by his/her financial statement and supplementing documents, and
his/her competency and responsibility as evidenced by the amount, condition,
and availability of equipment, experience of personnel, and previous record
with this and other awarding authorities.
002.02B Each person will be notified of the
"maximum qualification" established in his/her case by the Department. The
"maximum qualification" established may be increased or decreased at any time
if, as determined by the Department, the performance record of the bidder
warrants such action.
002.02C A new
statement may be requested at any time if, in the opinion of the Department,
significant changes in the responsibility or financial ability of the person
have occurred.
002.02D The
Department may determine that a bidder is qualified to bid on any one or
combination of the following groups of work:
| Group Number |
Work Class |
| 1 |
Grading |
| 2 |
Aggregates |
| 3 |
Concrete Pavement |
| 4 |
Culverts |
| 5 |
Landscaping |
| 6 |
Bridges |
| 7 |
Guard Rail |
| 7b |
Fence |
| 8 |
Specialty |
| 8a |
Building Construction |
| 8b |
Electrical |
| 8c |
Signing |
| 8d |
Painting |
| 8e |
Demolition |
| 9 |
Bituminous |
| 10 |
General (All Classes) |
002.02E Any bidder who
desires a change in the class or classes of work for which he/she is qualified
to bid must submit a request in writing for such change at least ten days
before the letting at which he/she desires to bid with the new
classification.
002.03
DRUG-FREE WORKPLACE
The State of Nebraska requires all bidders on all construction,
maintenance, or improvement contracts let by the Department to file a written
Drug-Free Workplace Policy with the Department. By signing the bid signature
page the bidder certifies that the company is operating under a written
Drug-Free Workplace Policy on file with the Department.
002.04
EXAMINATION OF PLANS,
SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK
002.04A The Department will provide detailed
Plans and Specifications. The bidder, before submitting a bid, shall carefully
examine:
| 002.04A1 |
The site of the proposed work. |
| 002.04A2 |
The proposal form. |
| 002.04A3 |
The Plans. |
| 002.04A4 |
The Specifications. |
| 002.04A5 |
The Supplemental Specifications. |
| 002.04A6 |
The Special Provisions. |
| 002.04A7 |
Other required forms. |
| 002.04A8 |
The permit conditions. |
| 002.04A9 |
The addendums. |
002.04B The submission
of a bid is considered conclusive evidence that the bidder made the
examinations required in Section
002.04A above and
that the bidder is satisfied with and understands the conditions to be
encountered in performing the work and other requirements in the
Contract.
002.05
FEDERALLY FUNDED CONTRACTS - EQUAL EMPLOYMENT
OPPORTUNITY
002.05A Each
Contractor and Subcontractor submitting a bid must certify that he/she has or
has not participated in a previous contract or subcontract subject to the equal
opportunity clause, as required by Federal Executive Order 11246, and that
he/she has or has not filed with the Joint Reporting Committee, the Director of
the Office of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal Employment
Opportunity all reports due under the applicable filing requirements.
002.05B The certification is required by the
Equal Employment Opportunity Regulations of the Secretary of Labor ( 41 CFR 60-
1.7(b)(1)), and must
be submitted by bidders and proposed Subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity clause
are set forth in 41 CFR 60- 1.5. (Generally, only contracts or subcontracts of
$10,000 or less are exempt.)
002.05C Currently, Standard Form 100 (EEO-1)
is the only report required by the Executive Orders or their implementing
regulations. Standard Form 100 (EEO-1) must be filed by:
002.05C1 Employers covered by Title VII of
the Civil Rights Act of 1964 and employers covered by Federal Executive Order
11246 who have 100 or more employees in the payroll period for which they are
reporting, normally any payroll period in December, January, or February
preceding the filing of the report.
002.05C2 If Standard Form 100 (EEO-1) was not
filed because the bidder has less than the 100 employees requirement, it is
proper for the bidder to state that he/she has submitted all required
compliance reports due.
002.05D Bidders who have participated in a
previous contract or subcontract subject to the Federal Executive Orders and
have not filed the required reports should note that 41 CFR 60-
1.7(b)(1) prevents
the award of contracts and subcontracts unless such bidder submits a report
covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
002.06
CURRENT
QUALIFICATION
Each bidder desiring to bid on work for which prequalification of
bidders is required shall submit a request for proposal forms and with such
request shall submit, on forms provided by the Department, a complete report of
all work then under contract, including subcontracts, and the amount of work
not completed on all such contracts. A current qualification based on this
statement and the bidder's "maximum qualification" will be established by the
Department taking into account the rate of progress which is being made in
performing the uncompleted work, the requirements for the performance of the
work for which the bidder desires to bid, and any other pertinent information
that is available to the Department. This current qualification determines the
amount of work for which any person is qualified at the particular letting and
for which he/she may be awarded a contract or contracts, except that the
Department may use a tolerance of not more than twenty-five percent of a
bidder's current qualification and award the contract or contracts in a total
amount which does not exceed by more than twenty-five percent the current
qualification established by the Department.
002.07
AFFIRMATIVE
ACTION
The Department, in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department
of Transportation ( 49 CFR, Part 21), issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that the Contract
entered into will be awarded to the lowest responsible bidder without
discrimination on the grounds of race, color, sex, or national
origin.
