(1) The department shall award contracts to
the lowest qualified responsible bidder which results in the lowest total
construction cost for the project if such amount does not exceed the available
funds authorized for the project.
(2) The lowest qualified responsible bidder
shall be determined utilizing all of the following criteria:
(a) The lowest bidder is one whose bid
contains the lowest total dollar amount when compared with other bids submitted
for the same work.
(b) A qualified
bidder is one who meets all of the following conditions:
1. Has completed one or more projects of at
least 50% of the size or value of the work being bid and of the type of work
completed similar to that being bid. If other experience requirements, other
than size or value of past work is deemed necessary by the department, such
requirements shall be described in the bid specifications.
2. Has access to all necessary equipment and
has the organizational capacity and technical competence necessary to perform
the work properly and expeditiously.
3. A joint venture consisting of 2 or more
contracting firms organized for the purpose of entering into an environmental
construction contract as a single entity shall be considered a qualified
bidder, if the assignment of and provisions for continuity of the various
responsibilities within the joint venture are agreed upon prior to award of a
contract and further providing that one of the individual firms constituting
the joint venture is a qualified bidder as specified in this
paragraph.
(c) If the
project is of such magnitude as to limit competition as a result of the
conditions established for qualification, the department may waive any
conditions for qualification.
(d) A
responsible bidder is one who meets all of the following criteria:
1. Maintains a permanent place of
business.
2. Provides a sworn
statement upon request, which shows the bidder has adequate financial resources
to complete the work being bid, as well as all other work the bidder is under
contract to complete.
3. Is
bondable for the term of the proposed contract.
4. Has a record of satisfactorily completing
past projects. Criteria considered in determining satisfactory completion of
projects by contractors and subcontractors shall include:
a. Contracts completed in accordance with
drawings and specifications.
b.
Diligently pursued execution of the work and completed contracts according to
the established time schedule and department authorized extensions.
c. Fulfilled guarantee requirements of the
contract documents.
d. Established
and diligently maintained a satisfactory affirmative action program in
accordance with the contract provisions.
5. Is not presently on an ineligible list
maintained by the department of administration for noncompliance with equal
employment opportunities and affirmative action requirements as provided in s.
16.765(9),
Stats., is not presently on an ineligible list for wage rate violations, or on
a federal debarred list if the project is federally funded.
(3) The department
shall make the final determination as to which bidder is the lowest qualified
responsible bidder.
(4) If the
total of the proposals submitted by the lowest qualified responsible bidder or
bidders exceeds the estimated project cost, the department may negotiate
deductive changes, not to exceed 5% of the total bid by any of the lowest
qualified responsible bidders, for each contract, to bring the bids within
funding limits.
(5) The department
may consider any unsolicited material accompanying the bid of the lowest
qualified responsible bidder only after contracts have been awarded on the
basis of the information contained in the bid form. Such consideration may be
given to unsolicited material only if it is in the best interest of the state
to do so, and does not warrant rejection due to any of the conditions stated in
s.
NR 736.15(1)
(e).
(6) Award of a contract shall not be
finalized until the required performance payment bond and certificate of
insurance have been received and approved by the department.
(7) Any contractor or subcontractor who
enters into a contract on a state environmental construction project shall
assume an obligation to take whatever affirmative action is necessary to ensure
equal employment opportunity in all aspects of employment, irrespective of age,
race, religion, color, handicap, sex, physical condition, developmental
disability as defined in s.
51.01(5),
Stats., sexual orientation or national origin.
