Register June 2022 No. 798
Chapter Adm 21
ADVERTISING, BIDDING AND AWARD OF CONSTRUCTION CONTRACTS
Issuance of addenda.
Submittal and receipt of bids.
Withdrawal of bids.
Rejection of bids.
Award of contracts.
Section 16.855 (15)
, Stats., empowers the department to adopt rules to implement the advertising and award of contracts for construction projects.
These rules shall apply to all state construction projects when the estimated construction cost exceeds the threshold prescribed in s. 16.855 (1m)
Adm 21.02 Definitions.
In this chapter:
“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:
Scope of the work, which describes such items as square footage, number of floors and primary function(s) of the project.
Date and time receipt of bids will close and public opening will occur.
Date and place where drawings and specifications will be available.
“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.
“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%.
“Bidder" means an individual, partnership, or corporation that submits a bid.
“Bidder's authorized representative" means an individual who has been provided in writing, the authority to act in the bidder's behalf.
“Bidding period" means that time span from the date of first publication of the advertisement for proposals to the date of bid opening.
“Department" means the Wisconsin department of administration.
“Lowest qualified responsible bidder" shall be defined to include all of the following which must be met to be considered for award of contract:
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.
A qualified bidder is one who meets the following conditions:
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.
Has access to all necessary equipment and has organizational capacity and technical competence necessary to enable performance of the work properly and expeditiously.
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.
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.
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.
A responsible bidder is one who meets the following conditions:
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.
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:
Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner.
Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions.
Established and diligently maintained a satisfactory safety program in accordance with the contract provisions.
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.
“Omission, error or mistake" are terms used interchangeably and synonymously, constituting a neglect to provide something that is required or a departure from accuracy.
“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.
Adm 21.02 History
Cr. Register, March, 1979, No. 279
, eff. 4-1-79; r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, October, 1983, No. 334
, eff. 11-1-83; CR 05-069
: r. and recr. Register May 2006 No. 605
, eff. 6-1-06; CR 08-025
: am. (3), renum. (7) to (9) to be (8) to (10) and am. (8) (c) 5., cr. (7) Register August 2010 No. 656
, eff. 9-1-10.
All drawings and specifications for the project shall be available for distribution to prospective bidders on or before the date upon which the advertisement for proposals will be published.
The department shall advertise for proposals by publication of a class 1 notice under ch. 985
, Stats., in the official state newspaper. The notice shall be published a minimum of 30 days prior to bid opening, unless the department indicates in writing that the bidding period will be for a lesser period of time.
In addition to the class 1 notice required in sub. (2)
, the department may solicit and advertise for proposals by either or both of the following methods:
An advertisement for proposals may be placed in trade publications, or newspapers within the locale of the project, which would have the potential of reaching prospective bidders.