1993 Specifications CSJ SPECIAL PROVISION ITEM 2 INSTRUCTIONS TO BIDDERS

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1 1993 Specifications CSJ SPECIAL PROVISION TO ITEM 2 INSTRUCTIONS TO BIDDERS For this project, Item 2, "Instructions to Bidders", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 2.1. Contents of Proposal Forms is voided and replaced by the 2.1. Requests for, Issuance of, and Contents of Proposal Forms (1) Requests for Proposal Forms. A request for a proposal form on a state funded construction or maintenance contract may be made orally or in writing. A request for a proposal form on a federal-aid construction or maintenance contract must be submitted in writing, and must include a statement in a form prescribed by the Department certifying whether the bidder is currently disqualified by an agency of the federal government as a participant in programs and activities involving federal financial and nonfinancial assistance and benefits. (2) Issuance of Proposal Forms. (a) Issuance of Proposal Forms for Construction and Maintenance Contracts. The Department will, upon receipt of a request, issue a proposal form for a construction or maintenance contract as follows: 1. For a project on which audited financial prequalification is required, only to a prequalified bidder, and only if the estimated cost of the project is within that bidder's available bidding capacity; and 2. For a project on which audited financial qualification is waived under Article 2.4, only if the estimated cost of the project is within that bidder's available bidding capacity.

2 (b) Non-issuance of Proposal Forms for Construction and Maintenance Contracts. The Department will not issue a proposal form requested by a bidder for a construction or maintenance contract: 1. For a federal-aid project, if at the time of the request the bidder is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits; 2. For all projects, if at the time of the request the bidder is suspended or debarred by order of the Commission, or is prohibited from rebidding a specific project because of default of the first awarded bid; 3. For all projects, if at the time of the request the bidder has not fulfilled the requirements for qualification under Article 2.4; 4. For all projects, if at the time of the request the bidder has failed to attend a mandatory pre-bid conference; or 5. For all projects, if the bidder or a subsidiary or affiliate of the bidder has received compensation from the Department to participate in the preparation of the plans or specifications on which the bid or contract is based. (c) Informational Proposal. The Department will issue an information proposal form upon request. (3) Contents of Proposal Forms. A proposal form will include: 1. The location and description of the proposed work; 2. An estimate of the various quantities and kinds of work to be performed or materials to be furnished; 3. A schedule of items for which unit prices are requested; 4. The time within which the work is to be completed; and 5. The special provisions and special specifications. Article 2.4. Competency of Bidders is supplemented by the To be eligible as a subcontractor for a construction or maintenance contract, a subcontractor must submit a completed subcontractor's questionnaire.

3 Article 2.5. Preparation of Proposal is voided and replaced by the 2.5. Preparation of Proposal. The bidder shall submit his proposal on the form furnished to him by the Department except as provided below. The blank spaces for each item as required in the proposal shall be filled in by writing in words in ink except as provided below, and except as provided in Subarticle 2.8.(2)(relating to electronic bids). The bidder shall submit a unit price, in dollars and/or cents, for each item for which a bid is requested (including a zero if appropriate), except in the case of a bid item for which there is an alternate bid item. In such case, prices must be submitted for the base bid or for the items of one or more of the alternates. A bid item left blank, except in the case of an alternate, will constitute an incomplete bid. The proposal shall be executed in ink in the complete and correct name of the bidder making the proposal and shall be signed by the person or persons authorized to bind the bidder. Bidders, at their option, in lieu of hand writing the unit prices in words in ink in the proposal, may submit an original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the Commission. As a minimum, computer printouts must contain the information in the arrangement shown on the "Example of Bid Prices Submitted by Computer Printout" form in the proposal. Electronic bid data must be in the form outlined under Subarticle 2.8.(2). The electronic bid information will be a supplement to the proposal for the purposes of tabulation only. Each proposal submitted must be accompanied by a computer printout meeting the requirements of this Article. The computer diskette will remain the property of the Department. A bidding proposal on a federal-aid project shall include, in a form prescribed by the Department, a certification of eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility determination actions by an agency of the federal government, and any indictment, conviction, or civil judgment involving fraud or official misconduct, each with respect to the bidder or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director/supervisor, manager, auditor, or a position involving the administration of federal funds; and shall cover the three (3) year period immediately preceding the date of the proposal. Information adverse to the bidder as contained in the certification will be reviewed by the Department and by the Federal Highway Administration (FHWA), and may result in rejection of the bid and disqualification of the bidder.

4 Article 2.6. Rejection of Proposals. The second paragraph is voided and replaced by the Any proposal that has one or more of the deficiencies listed below will be considered to be non-responsive and will not be read publicly. 1. The proposal certification and/or affirmation are not signed. 2. The proposal guaranty is not a cashier's check or a bank money order on a State or National Bank, or a cashier's check or money order on a State or National Savings & Loan Association, or a cashier's check or money order on a State or Federally Chartered Credit Union, payable to the order of the Texas Transportation Commission. 3. The proposal guaranty check is not payable at or through the institution issuing the instrument or the guaranty instrument does not state that the issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated. 4. The proposal guaranty is less than the amount prescribed by the proposal. 5. The proposal guaranty check is labeled "Officer's Check", "Official Check" or "Teller's Check". 6. The proposal is submitted by an unqualified bidder. 7. The bidder did not attend a specified mandatory pre-bid conference. 8. The proposal is in a form other than the official proposal form issued to the bidder. 9. The proposal was received after the time or at some location other than that specified in the advertisement. 10. The unit prices are written in the proposal in numerals. 11. The proposal submitted has too few or too many bid items due to the bidder not submitting the latest revised version of the proposal. 12. The proprietor, partner, majority shareholder or substantial owner is 30 or more days delinquent in providing child support under a court order or a written repayment agreement. 13. A computer printout proposal, when used, does not have the unit bid prices entered in designated spaces, does not include the proper certification, is not signed in the name of the firm to whom the proposal was issued, or omits required bid items or includes items not shown in the proposal.

5 The bidder was not authorized to be issued a proposal under Subarticle 2.1.(2). 15. If more than one proposal involving a bidder under the same or different names is submitted, the Department will not accept and will not read any of the proposals submitted by that bidder. 16. If the bidder bids a number of working days outside the range of working days specified in the general notes for each phase or milestone, the Department will not accept and will not read any of the proposals submitted by that bidder. Article 2.7. Proposal Guaranty. The first paragraph is voided and replaced by the The proposal shall be accompanied by a proposal guaranty in the amount indicated in the proposal. The proposal guaranty shall be payable to the Texas Transportation Commission and shall be a cashier's check or a bank money order on a State or National Bank or a Savings and Loan Association, or a State or Federally Chartered Credit Union. A check or money order must be payable at or through the institution issuing the instrument, or must state that the issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated. The Department will not accept as a proposal guaranty: 1. a check labeled "Official Check", "Officer's Check", or "Teller's Check"; 2. personal checks or certified checks; 3. other types of money orders or bank drafts; or 4. bid bonds. Article 2.8. Article 2.8. Delivery of Proposal is voided and replaced by the Delivery of Proposal and Submittal of Electronic Bids. (1) Delivery of Proposal. The bidder shall place the completed proposal form, the certifications required under Article 2.5, and the proposal guaranty, in a sealed envelope so marked as to indicate its contents. When submitted by mail, this envelope shall be placed in another envelope which shall be sealed and addressed as indicated in the official advertisement of the project. Proposals must be received, at the location described in the official advertisement of the project, on or before the hour and date set for the opening thereof, and must be in the hands of the Letting Official by that time.

6 (2) Submittal of Electronic Bids. In addition to the items submitted under Subarticle 2.8.(1), and when authorized in the proposal, a bidder may submit an electronic bid in the manner described in Subarticle 2.8.(1). A bidder delivering an electronic bid shall submit the proposal in accordance with Subarticle 2.8.(1), and must: 1. Include the computer diskette containing the electronic bid data in a separate sealed envelope; 2. State the exact qualified name of the bidder on the envelope; 3. State on the computer diskette the exact qualified name of the bidder and the job number(s) as taken from the order of tabulation of projects, for which electronic bids are being submitted; 4. Include on the diskette bid data for those projects which are to be opened and read on that letting day only, as reflected in the notice; and 5. Prepare the diskette, free of virus, through the electronic bidding system utilized by the Department. Article Withdrawal of Proposal is voided and replaced by the Withdrawal of Proposal. A bidder may withdraw a proposal by submitting a request in writing to the Letting Official. The Department will not accept telephone or telegraph requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the bidder, and must be in the hands of the Letting Official before the scheduled bid opening. Article Public Opening of Proposals is voided and replaced by the Public Opening of Proposals. Bids will be opened and read at a public hearing conducted by the Director of the Department's Construction and Maintenance Division, or his or her designee, on behalf of the Commission. Each hearing shall be in the City of Austin, at the time and location specified in the advertisement. Bids for contracts with an engineer's estimate of less than $100,000 may be opened and read at a public hearing conducted by the District Engineer, or his or her designee on behalf of the Commission. Each such hearing shall be held at the District Headquarters in the District in which the work is to occur. Article Disqualification of Bidder. The second paragraph is

7 voided and not replaced. The following article is added to this Item: Article Child Support Order Compliance. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan. By signing the contract, the Contractor, under penalty of perjury under the laws of the State of Texas, certifies that the sole proprietor, partner, shareholder or owner of the firm is not 30 or more days delinquent in providing child support. By signing the contract, the Contractor makes material representation of fact upon which reliance is placed as the Department enters into the contract. If it is later determined that the Contractor knowingly rendered an erroneous representation, in addition to other remedies available, the Department may terminate the contract for cause or default. The Contractor shall provide immediate written notice to the Department if at any time it learns that its representation was erroneous when submitted or has become erroneous by reason of changed circumstances.

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