Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 409 - NEBRASKA DEPARTMENT OF ROADS - CONSTRUCTION DIVISION
Chapter 1 - Contracts, Proposal Forms, and Qualifications of Bidders for State Highway Work - English (Metric) System Measurements
Section 409-1-003 - BIDS

Universal Citation: 409 NE Admin Rules and Regs ch 1 ยง 003

Current through September 17, 2024

003.01 BID REQUIREMENTS

003.01A A proposal form for work for which prequalification of bidders is required will be issued only to those qualified to bid. A bidder will not be considered as qualified for any particular letting if the bidder's qualification will expire on or before the date of the letting.

003.01B Bidders submitting two or more bids in a total amount exceeding their current qualification by more than 25 percent shall submit the same, subject to the limitations of their current qualification, plus a tolerance of 25 percent. Nothing in these Rules and Regulations shall prevent the Department from rejecting any bid where, in the opinion of the Department, other circumstances and developments have changed the qualification or responsibility of the bidder.

003.01C If the qualification of the low bidder expires before the award of a contract, such contract will not be awarded until the qualification of the low bidder has been renewed.

003.01D A proposal form for work for which prequalification of bidders is required will be labeled with the name of the bidder to whom they are issued and shall not be transferable. Any bid submitted by a bidder other than the person or company to whom the proposal form was issued shall be void.

003.01E A proposal form will not be issued to any bidder later than 5:00 p.m. of the day preceding the letting.

003.01F A proposal form for any contract for which prequalification of bidders is required may be issued, at the discretion of the Department, to two or more qualified bidders jointly if the classes of work for which the prospective bidders are qualified to perform satisfy, in the aggregate, the qualification requirements for the particular contract. Two or more qualified bidders may not bid jointly to perform any contract for which prequalification of bidders is required unless a proposal form is issued by the Department to those bidders jointly for that purpose.

003.02 INTERPRETATION OF QUANTITIES IN THE SCHEDULE OF ITEMS

The quantities listed in the schedule of items are considered to be approximations, unless otherwise provided, and are to be used for the comparison of bids. Payments to the Contractor will be made for the actual quantities or Plan quantities, if specified, of work performed or materials furnished in accordance with the contract. It is understood that the quantities of work to be done and materials to be furnished may each be increased, diminished, or omitted as hereinafter provided without in any way invalidating the unit bid prices, except as provided in Subsection 104.02 of the current edition of the Nebraska, Standard Specifications for Highway Construction or Supplemental and Special Provisions.

003.03 PREPARATION OF BIDS

003.03A The bidder shall use the Department authorized Electronic Bidding System Software when submitting a bid.

003.03B The bid shall be submitted in the envelopes provided by the Department, or submitted by using a Department authorized online bidding exchange, or as directed by the Department.

003.03C The Department may reject a bid if an error or warning message appears in the electronic bidding submission received by the Department.

003.03D In the event there is a discrepancy between the information submitted on the diskette or any electronic submission and the paper copy of the schedule of items submitted with the bid, the figures on the paper copy of the schedule of items will prevail.

003.03E The bidder shall pay applicable fees charged by the company providing the electronic bidding software or user fees for Internet services to submit a bid.

003.03F The blank spaces in the schedule of items must be filled in correctly, in ink, typed, or electronically for each item and document necessary to submit a complete bid.

003.03G The bid shall be clearly legible or it shall be rejected.

003.03H Signatures.
003.03H1 Written signatures must be in ink on the line provided in the form. Printed names below the line provided or located in other areas of the form will not be considered. All corrections and other entries not made by the EBS software must be in ink or typed.

003.03H2 Bids submitted over the internet must be signed using electronic signatures as provided by the Department-authorized internet service provider.

003.03H3 Failure of the bidder to properly sign the bid shall make the bid incomplete, and the bid will be rejected.

003.03I The Schedule of Items must be properly completed. The following rules will apply:
003.03I1 The schedule of items must state the unit price for each item of work contemplated.

003.03I2 If the unit price is left blank and the quantity of the item is one and an amount is shown in the "Bid Amount" column, then the amount in the "Bid Amount" column will be considered the unit price.

003.03I3 If the bidder enters an amount in the "Unit Price" column when "Lump" is shown in that column, the "Unit Price" shall govern in the extension of that item.

003.03I4 03I4The bidder shall also show the product of the respective unit prices and quantities in the column provided for that purpose and the total amount for each group and combination of groups, as indicated in the schedule of items, necessary for a complete bid for the work on which the bidder wishes to bid.

003.03I5 If the unit price is indicated with a line, the unit price will be considered free no matter what amount is shown in the "Bid Amount" column.

003.03I6 If the unit price is left blank and the quantity of the item is greater than one, the bid is incomplete and the bid is rejected.

003.03I7 If the "Unit Price" and "Bid Amount" columns are left blank, the bid will be considered incomplete and rejected except when alternate or single groups are bid and a bid is not being submitted for those items which were left blank.

003.03I8 When the schedule of items is divided into groups, a price shall be submitted on each item of work within the group on which the bidder wishes to bid.

003.03I9 On alternate groups when the bidder does not intend to submit a bid for a group, the bid for that group must be left blank.

003.04 CONTENTS OF BID

The bidder shall include the following in each bid submitted to the Department. Failure to submit any of the following shall cause the bid to be rejected.

003.04A A Schedule of Items.

003.04B Required DBE Participation form (if applicable).

003.04C Certification of Previous EEO Performance (if applicable).

003.04D Equipment Assessment Certification (if applicable).

003.04E Hiring Practice Certification.

003.04F Drug-Free Workplace Policy Certification.

003.04G Noncollusion Declaration.

003.04H Compliance Certification for Standard Specifications for Highway Construction Sections 102 and 103.

003.04I Bid Bond or approved confirmation of a Bid Bond (See subsection 003.08).

003.04J Other forms, as required by the Department.

003.04K An envelope with separate pockets for the bid and bid bond respectively when required by the Department.

003.04L Bid Signature Page. Written bid signature pages must be signed and notarized. Electronic signatures must have authorized digital signatures. Each bidder, in signing the bid signature page by or on behalf of the person, firm, association, or corporation submitting the bid, certifies that:
003.04L1 Such person, firm, association, or corporation has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid.

003.04L2 All equipment has been assessed for the current year.

003.04L3 The company is operating under a Drug-Free Workplace Policy, a copy of which is on file with the Department.

003.04L4 A contract bond for the contract amount will be furnished.

003.04L5 Reports have been filed regarding Equal Opportunity participation (Federally funded projects only).

003.04L6 Disadvantaged Business Enterprises (DBE) goals on designated Federally funded projects will be achieved or "good faith" documentation provided.

003.04M Failure to submit a bid signature page as part of the bid will make the bid nonresponsive. False statements in any of the certifications will constitute perjury.

003.05 BID SUBMISSION

Bids must comply with all plans, special provisions, addendums, the Specifications (as defined in paragraph 001.83), Supplemental Specifications To The Standard Specifications for Highway Construction, and the Nebraska Rules and Regulations regarding bid preparation and bid submittal.

003.05A Bids shall be received until the date and hour set forth for the opening and must be, by that time, delivered to the place indicated in the "Notice to Contractors." At the Department's discretion there are two options to submit bids. The bidder can deliver to the Contracts Office a bid (as defined in paragraph 003.04) in the Department provided envelopes or authorized bidders can submit the bid electronically over the Internet.
003.05A1 OPTION 1 - The bid and Bid Bond shall be placed in separate sealed envelopes, attached to each other, and furnished by the Department. If an "Annual Bid Bond" is applicable the bidder shall indicate this in writing on the Bid Bond envelope. The envelope containing the bid shall be marked by the bidder to indicate its contents.

003.05A2 OPTION 2 - Bidders may submit bids electronically over the Internet using a Department authorized on-line bidding service.

003.05B The Department retains the discretion to accept as responsive a non-electronic bid.

003.06 TIES AND LIMITATIONS

003.06A A bid shall not be tied to any other bid except as may be indicated in the proposal form. If the bidder desires to tie his/her bid to his/her bid on any or all of the other bids which may be indicated in the proposal form, such tie shall be clearly indicated in the space provided. The bidder shall not indicate a tie by means other than those shown.

003.06B If the bidder does not designate a preference in the space provided, it will be assumed that he/she does not desire to tie his/her bid to any of the bids listed therein; and the bid will be considered on that basis. The bidder shall not insert a tie in any other place in his/her bid except in the space provided in the bid.

003.06C The Engineer reserves the right to make awards that will be in the best interest of the State, and any comment in a bid limiting or qualifying this reserved right shall constitute an irregular bid. However, the bidder may specify one or more of the following:
003.06C1 The maximum monetary value of awards that will be accepted.

003.06C2 The total number of contracts that will be accepted.

003.06C3 The number of contracts of any particular class or classes of work that will be accepted.

003.06E Such limitations must be indicated in the space provided in the bid. Any limitation in the number of contracts of any particular class or classes of work that the bidder will accept will be considered as applying only to the class or classes of work mentioned.

003.06F The bidder shall not make a conditional deduction or reduction in any unit price in any bid.

003.07 IRREGULAR BIDS

003.07A Any tie, statement, qualification, or limitation made by the bidder in violation of, or not permitted by, Section 003.06 will cause the bid to be considered void.

003.07B Bids may be rejected if they show any alterations of forms, additions not called for, conditional bids, alternate bids, incomplete bids, erasures, or irregularities of any kind. Each bidder shall make an honest attempt to show correct extensions and totals in his/her bid. If, in the opinion of the Engineer, such an attempt is not made, such bids may be rejected.

003.07C In the event of a discrepancy between unit bid prices, extensions, and/or totals, the unit price shall govern.

003.08 PROPOSAL GUARANTY BID BOND (BID BOND)

003.08A Each bid shall be bonded with a bid bond made payable to the Department in an amount equal to at least five (5) percent of the amount bid. Bid bonds must be executed by corporations authorized to contract as a surety in the State of Nebraska. Any alterations, conditions, or limitations added to the Department's bid bond form will be unacceptable and cause the bid not to be opened and read. All bid bonds must be current as of the time of the letting and must contain a provision preventing termination of such bond no later than 5 days prior to the letting. There are three options to submit the proposal guaranty bid bond. In the event the low bidder fails to comply with any requirement regarding the execution of the contract, the Department shall immediately be entitled to recover the full amount of the bid bond as liquidated damages.
003.08A1 OPTION 1 - (Project Specific Paper Bid Bond). The bid bond shall be executed on the Department bid bond form, copies of which may be obtained from the Department. The bid bond shall be delivered to the Department with the bid.

003.08A2 OPTION 2 - (Project Specific Electronic Bid Bond). The Department, at its discretion, may allow a bidder to authorize a bonding company to register the bid bond with a Department authorized on-line bond registry service and provide the Department access to the bid bond data to confirm the existence of the bid bond specific to the project and to document that the bond is valid. The bidder must indicate in the bid submittal to the Department that their bid bond is posted on the bond registry service.

003.08A3 OPTION 3 - (Annual Bid Bond). The Department at its discretion may allow a bidder to place an "Annual Bid Bond" on file with the Department. This bond would cover all projects the bidder bids for a 12-month period shown in the bond. The bidder must indicate in the bid submittal to the Department that their "annual bid bond" applies to the submitted bid. The annual bid bond shall be executed on the Department of Roads Bid Bond Form, copies of which may be obtained from the Department.

003.09 WITHDRAWAL OF BIDS

003.09A A bidder may withdraw an unopened bid at any time prior to the bid opening time specified in the "Notice to Contractors."

003.09B To withdraw a bid, the bidder shall provide written notice (letter, telegram, or FAX) to the Department's Contracting Office prior to the time established for the bid opening. The notice shall be signed by a person authorized to bid.

003.09C An agent authorized by the bidder in writing (letter, telegram or FAAX) may resubmit withdrawn bids.

003.09D The Department will not accept bids after the bid opening time specified in the "Notice to Contractors."

003.10 PUBLIC OPENING OF BIDS

003.10A Except when specifically authorized in writing by the Department and except as authorized in paragraph 003.09, bids will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bids and bid bonds not filed with the Department as authorized in paragraphs 003.05 and 003.08 will not be opened and read. Errors by the bidder in filing his/her bid will not be cause for waiving any of the above requirements and will not be the responsibility of the Department.

003.10B The "Total Bid" for each bid will be read publicly. The group totals and unit prices for individual bids may be read at the sole discretion of the Department.

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