Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12)
Section 220-RICR-30-00-12.5 - AWARD AND EXECUTION OF THE CONTRACT

Universal Citation: 220 RI Code of Rules 30 00 12.5

Current through September 18, 2024

A. Consideration of Proposals

1. After the Proposals are opened and read, they will be compared on the basis of the summation of the products of the estimated quantities shown in the Proposal by the unit bid prices. The results of such comparisons will be made available to the public.

2. RIDOT and the Division of Purchases reserves the right to correct arithmetic errors in the Proposals prior to comparison of said Proposals. In the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern.

3. RIDOT and the Division of Purchases reserves the right to reject any or all Proposals, to waive technicalities or to advertise for new Proposals.

B. Post-Qualification Requirements and Award Of Contract.

1. Submission of Post Qualification Requirements
a. All post qualification requirements shall be submitted as specified in the Solicitation prior to the award of the Contract.

b. As part of the post qualification submission, the Contractor must designate on the Transportation Management Plan the Contractor's TMP Implementation Manager for the Contract. The Contractor's TMP Implementation Manager, together with RIDOT's TMP Implementation Manager are the persons with the primary responsibility and authority for implementation of the Transportation Management Plan.

2. Financial Statements. The successful bidder will be required to submit a complete set of audited financial statements certified by a Certified Public Accountant (CPA). For contracts valued at $500,000 and under, the successful bidder is required to submit only its financial references and an original copy of its current financial statement.

3. Award of Contract.
a. Contract award, if it be awarded, will be made within sixty (60) calendar days following the opening of Proposals, or within the time specified in the Notice to Contractors, to the lowest responsible and qualified bidder who submits the lowest responsive Proposal.

b. The successful bidder will first receive a Notice of Tentative Selection. This written communication will indicate the conditional intention of the State to award the Contract and instruct the successful bidder to arrange for the execution of the Contract Agreement and Contract Bond and for the delivery of the Certificates of Insurance, all as hereinafter provided.

c. On Contracts jointly bid, Contractors will be held jointly and severally liable for the entire Contract.

d. Corporate bidders must furnish documentary evidence that they have met all legal requirements to transact business in the State of Rhode Island as a condition precedent to approval of the Contract.

C. Cancellation of Notice of Tentative Selection

1. Both RIDOT and the Division of Purchases reserve the right to cancel the Notice of Tentative Selection prior to issuance of Purchase Order without any liability against the State of Rhode Island.

D. Return of Proposal Guaranty

1. RIDOT and the Division of Purchases reserves the right to retain the surety of all bidders until either the successful bidder enters into the Contract or until such time as the award or cancellation of the Contract is announced. At that point sureties will be returned to all bidders.

2. A Contractor will not be released from the bidding obligation because of an alleged error in the preparation of the Proposal unless RIDOT and the Division of Purchases returns the Contractor's Proposal Guaranty.

E. Contract Bond

1. At the time of the execution of the Contract, the successful bidder shall furnish a Contract Bond in a sum equal to the full amount of the Contract.
a. The Contract Bond shall guarantee the following:
(1) Complete performance of the Contract;

(2) Full payment for all materials and equipment; and

(3) Full payment of all wages of labor.

2. The form of the Contract Bond shall be acceptable to both RIDOT and the Division of Purchases. In the event the surety fails or becomes financially insolvent, the successful bidder shall file a new Bond in the amount designated by the RIDOT within thirty (30) days of such failures or insolvency.

3. The Bond submitted to RIDOT and the Division of Purchases shall be provided by a surety both acceptable to RIDOT and licensed and authorized to conduct business in the State of Rhode Island. All surety companies must be listed with the current Department of the Treasury, Fiscal Services, Circular 570. Subsequent to award of Contract, RIDOT or Division of Purchases may call for additional security as required. Changes, additions, and modifications to the Contract may be made without the consent of surety.

F. Execution and Approval of the Contract.

1. The Contract shall be executed by the successful bidder, hereinafter referred to as the Contractor, in accordance with the instructions contained in the Notice of Tentative Selection.
a. At the specified time and place, the Contractor shall deliver the Contract Bond and required Certificates of Insurance, execute the Contract Agreement, and comply with all other stipulations set forth in said notice.

2. Receipt by the Contractor of the executed Contract Agreement and a Purchase Order signed by the RIDOT Director and/or the Purchasing Agent and the State Controller constitutes the official "Award" of the Contract.

3. The Contract execution date may be extended by mutual agreement of RIDOT and the successful bidder.

G. Failure to Execute Contract.

1. Failure of State to Execute Contract.
a. If the Contract is not executed within fifteen (15) calendar days following execution of the Contract Agreement and Bond by the Contractor, said Contractor shall have the right to withdraw its Proposal without penalty.

2. Failure of the Bidder to Execute Contract.
a. Failure of the successful bidder to execute the Contract Agreement and Contract Bond, deliver the required Certificates of Insurance; and comply with other stipulations within fifteen (15) calendar days of receipt of the Notice of Tentative Selection shall be considered revocation of said notice and require forfeiture of the Proposal Guaranty to RIDOT and the Division of Purchases. Such forfeiture shall not be considered a penalty, but rather a liquidation of damages sustained by the State.

b. Furthermore, the RIDOT and the Division of Purchases will not issue or receive subsequent proposals for construction work from a bidder who fails to execute a Contract until said bidder demonstrates its ability to obtain the necessary bonding and insurance coverage to the complete satisfaction of RIDOT.

c. In the event a Contract is not executed with the first-designated responsible bidder, RIDOT may either award the Contract to the next lowest responsible bidder or reject all bids and re-advertise the Project for the purpose of soliciting new Proposals.

H. Escrow of Bid Documentation. The placing in escrow of bid documentation in accordance with this Section shall be required only when specifically called for in the Notice to Contractors. Otherwise, this Section shall not apply.

1. Scope and Purpose.
a. The purpose of § 12.5(H) of this Part is to preserve the bid documents of the Contractor for use by the parties in any claims or litigation between RIDOT and Contractor arising out of a Contract.

b. The Contractor shall submit to RIDOT a legible copy of bid documentation used to prepare the bid for the Contract. Such documentation shall be placed in escrow with a banking institution or other bonded document storage facility and preserved by that institution/facility as specified in the following Sections of this Part.

2. Submittal and Return of Bid Documentation.
a. Prior to execution of the Contract, the Contractor shall submit to RIDOT the required bid documentation in a sealed container. The container shall be clearly marked "Bid Documentation" and shall also show on the face of the container the Contractor's name and address, the date of submittal, the Project Number, the Contract Number, and Project Name.

3. Affidavit.
a. In addition to the bid documentation, the Contractor shall submit an affidavit, signed under oath by a representative of the Contractor authorized to execute bidding proposals, listing each bid document submitted by author, date, nature, and subject matter.

b. The affidavit shall attest that the affiant has personally examined the bid documentation, that the affidavit lists all of the documents relied upon by the Contractor in preparing its bid for this project, and that all such bid documentation is included in the submission to RIDOT.

4. Duration and Use.
a. RIDOT and the Contractor will jointly deliver the sealed container and affidavit to a banking institution or other bonded document storage facility selected by RIDOT for placement in a safety deposit box, vault or other secure accommodation.

b. The agreement with the document depository shall reflect that the bid documentation and affidavit shall remain in escrow during the life of the Contract or until the Contractor notifies RIDOT of his or her intention to file a claim or initiate litigation against RIDOT related to the Contract.
(1) Notification of the Contractor's intention to file a claim, or initiation of litigation against RIDOT, shall be sufficient grounds for RIDOT to obtain the release and custody of the bid documentation.

(2) In the absence of such action and provided that the Contractor has signed the final Standard Release Form, RIDOT shall instruct the document depository to release the sealed container to the Contractor.

c. In accordance with its representation that the sealed container placed in escrow contains all of the materials relied upon by the Contractor in preparing its bid, the Contractor must agree to waive its right to use any bid documentation other than that placed in escrow in disputes arising out of the Contract.

5. Refusal or Failure to Provide Bid Documentation
a. Failure to provide bid documentation in accordance with the requirements of this Section shall be considered revocation of the notice of award and forfeiture of the Proposal Guaranty to the RIDOT and the Division of Purchases.

6. Confidentiality of Bid Documentation
a. The bid documentation and affidavit in escrow are, and will remain, the property of the Contractor.

b. RIDOT has no interest in, or right to, the bid documentation unless notification of the intention to file claim is received or litigation ensues between RIDOT and Contractor.
(1) In the event of such notification or litigation, the bid documentation and affidavit shall become the property of RIDOT; provided, however, that these materials, and all copies made by RIDOT, shall be returned to the Contractor at the conclusion of litigation, or final resolution of all outstanding claims, upon execution of a final release.

c. Moreover, RIDOT shall make every reasonable effort to ensure that bid documentation to which it has gained access will remain confidential within RIDOT and will not be made available to anyone outside RIDOT, or used by a former RIDOT employee.

7. Cost and Escrow Instructions
a. The cost of the escrow will be borne by RIDOT. RIDOT will provide escrow instructions to the document depository consistent with this clause.

b. There will be no separate payment for compilation of the data, container or cost of verification of the bid documentation. All costs shall be included in the overall Contract bid price.

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