Current through February 24, 2025
(1) "Advertise for proposals" means a written
notice announcing that sealed bids will be received for a specific construction
project, inviting prospective bidders to obtain or review drawings and
specifications for the purpose of submitting a bid to do work. The
advertisement for proposals shall contain as a minimum, the following
information:
(a) Location of the
work.
(b) Identification of
owner.
(c) Scope of the work, which
describes such items as square footage, number of floors and primary
function(s) of the project.
(d) A
10% bid guarantee is required.
(e)
Date and time receipt of bids will close and public opening will
occur.
(f) Location where bids will
be received.
(g) Date and place
where drawings and specifications will be available.
(2) "Bid" means the completed standard bid
form on which the bidder has set forth the price or prices for which the bidder
is willing to enter into a contract to perform and complete the work bid, in
full compliance with the contract documents.
(3) "Bid guarantee" means a properly executed
department form of bid bond, a bank certified check, or a cashier's check, in
an amount equal to 10% of the highest combination base bid(s) and alternate
bids submitted. In the event the federal government participates in a state
project, the bid guarantee shall be as specified by the federal government, but
not less than 10%.
(4) "Bidder"
means an individual, partnership, or corporation that submits a bid.
(5) "Bidder's authorized representative"
means an individual who has been provided in writing, the authority to act in
the bidder's behalf.
(6) "Bidding
period" means that time span from the date of first publication of the
advertisement for proposals to the date of bid opening.
(7) "Department" means the Wisconsin
department of administration.
(8)
"Lowest qualified responsible bidder" shall be defined to include all of the
following which must be met to be considered for award of contract:
(a)
Lowest bidder. The
lowest bidder is one whose bid contains the lowest total dollar amount when
compared with other bids submitted for the same work. Should the specifications
require evaluation of other factors in conjunction with lowest dollar amount to
determine the lowest bidder, a formula shall be specified which will permit the
conversion of evaluation factors to a dollar value.
(b)
Qualified bidder. A
qualified bidder is one who meets the following conditions:
1. Has completed one or more projects of at
least 50% of the size or value of the division of work being bid and the type
of work completed is similar to that being bid. If a greater magnitude of
experience is deemed necessary, other than size or value of the work, such
requirements will be described in the specifications.
2. Has access to all necessary equipment and
has organizational capacity and technical competence necessary to enable
performance of the work properly and expeditiously.
3. Consideration will be given to
associations consisting of 2 or more contracting firms organized for the
purpose of entering into a construction contract as a single entity, providing
the assignment of and provisions for continuity of the various responsibilities
within the association are agreed upon prior to award of contract and further
providing that either of the individual firms constituting the association is
qualified as defined herein.
4. In
the event that the project is of such magnitude as to limit competition as a
result of the conditions established for qualification, the department may
waive the condition for bidder qualification.
5. The department may require bidders to
submit sworn statements as to financial ability, equipment and experience in
construction and require other such information as may be necessary to
determine their competency. Bidders failing to submit required sworn statements
shall be deemed not qualified.
(c)
Responsible bidder. A
responsible bidder is one who meets the following conditions:
1. Maintains a permanent place of
business.
2. Provides a sworn
statement upon request, which evidences the bidder has adequate financial
resources to complete the work being bid, as well as all other work the bidder
is presently under contract to complete.
3. Is bondable for the terms of the proposed
contract.
4. Has a record of
satisfactorily completing past projects. Criteria which will be considered in
determining satisfactory completion of projects by contractors and
subcontractors will include:
a. Completed
contracts in accordance with drawings and specifications.
b. Diligently pursued execution of the work
and completed contracts according to the established time schedule unless
extensions are granted by the owner.
c. Fulfilled guarantee requirements of the
contract documents.
d. Established
and diligently maintained a satisfactory affirmative action program in
accordance with the contract provisions.
e. Established and diligently maintained a
satisfactory safety program in accordance with the contract
provisions.
5. Is not
presently on an ineligible list maintained by the department for noncompliance
with equal employment opportunities and affirmative action requirements as
provided for in s.
16.765(9),
Stats., or on any other agency list for construction related violation of
statutes or administrative rules.
(9) "Omission, error or mistake" are terms
used interchangeably and synonymously, constituting a neglect to provide
something that is required or a departure from accuracy.
(10) "Supporting documents" means those
documents packaged with a bid including, but not limited to, bid guarantee,
power of attorney if bid bond is submitted as bid guarantee, affidavit form and
other information specifically requested. Materials submitted with the bid form
that are unsolicited are deemed to be fugitive materials and shall not be
considered in determining the lowest bidder or award of contract.
