Chapter Adm 21
ADVERTISING, BIDDING AND AWARD OF CONSTRUCTION CONTRACTS
Adm 21.04 Issuance of addenda. Adm 21.05 Submittal and receipt of bids. Adm 21.06 Withdrawal of bids. Adm 21.08 Rejection of bids. Adm 21.09 Award of contracts. Adm 21.01(1)(1) Section 16.855 (15), Stats., empowers the department to adopt rules to implement the advertising and award of contracts for construction projects. Adm 21.01(2)(2) These rules shall apply to all state construction projects when the estimated construction cost exceeds the threshold prescribed in s. 16.855 (1m), Stats. Adm 21.02Adm 21.02 Definitions. In this chapter: Adm 21.02(1)(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: Adm 21.02(1)(c)(c) Scope of the work, which describes such items as square footage, number of floors and primary function(s) of the project. Adm 21.02(1)(e)(e) Date and time receipt of bids will close and public opening will occur. Adm 21.02(1)(g)(g) Date and place where drawings and specifications will be available. Adm 21.02(2)(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. Adm 21.02(3)(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%. Adm 21.02(4)(4) “Bidder” means an individual, partnership, or corporation that submits a bid. Adm 21.02(5)(5) “Bidder’s authorized representative” means an individual who has been provided in writing, the authority to act in the bidder’s behalf. Adm 21.02(6)(6) “Bidding period” means that time span from the date of first publication of the advertisement for proposals to the date of bid opening. Adm 21.02(7)(7) “Department” means the Wisconsin department of administration. Adm 21.02(8)(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: Adm 21.02(8)(a)(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. Adm 21.02(8)(b)(b) Qualified bidder. A qualified bidder is one who meets the following conditions: Adm 21.02(8)(b)1.1. 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. Adm 21.02(8)(b)2.2. Has access to all necessary equipment and has organizational capacity and technical competence necessary to enable performance of the work properly and expeditiously. Adm 21.02(8)(b)3.3. 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. Adm 21.02(8)(b)4.4. 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. Adm 21.02(8)(b)5.5. 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. Adm 21.02(8)(c)(c) Responsible bidder. A responsible bidder is one who meets the following conditions: Adm 21.02(8)(c)2.2. 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. Adm 21.02(8)(c)4.4. 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: Adm 21.02(8)(c)4.b.b. Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner. Adm 21.02(8)(c)4.d.d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions. Adm 21.02(8)(c)4.e.e. Established and diligently maintained a satisfactory safety program in accordance with the contract provisions. Adm 21.02(8)(c)5.5. 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. Adm 21.02(9)(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. Adm 21.02(10)(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. Adm 21.02 HistoryHistory: 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. Adm 21.03(1)(1) 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. Adm 21.03(2)(2) 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. Adm 21.03(3)(3) 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: Adm 21.03(3)(a)(a) 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. Adm 21.03(3)(b)(b) An advertisement for proposal may be mailed directly to potential bidders, if such measure is deemed necessary to encourage adequate competition in bidding. Adm 21.03 HistoryHistory: Cr. Register, March, 1979, No. 279, eff. 4-1-79; CR 08-025: am. (2) and (3) (intro.) Register August 2010 No. 656, eff. 9-1-10. Adm 21.04(1)(1) The department may issue addenda during the bidding period to correct, alter, or to provide clarification of the drawings and specifications for the project being bid or to extend the bidding period. No oral correction, alteration or clarification of said documents shall be considered valid. Adm 21.04(2)(2) Each addendum issued shall be identified by project number and title, date of addenda, and assigned an addendum number which will indicate consecutive issue. Adm 21.04(3)(3) Addenda shall be distributed to every recipient of drawings and specifications for the project being bid including all locations where drawings and specifications are available for public inspection. Adm 21.04(4)(4) No addenda shall be issued during the last 7 calendar days prior to the published bid opening date, unless such addenda include an extension of the bid opening date for a minimum of 7 additional calendar days. Adm 21.04 HistoryHistory: Cr. Register, March, 1979, No. 279, eff. 4-1-79; am. (4), Register, October, 1983, No. 334, eff. 11-1-83; CR 08-025: am. (1) Register August 2010 No. 656, eff. 9-1-10. Adm 21.05Adm 21.05 Submittal and receipt of bids. Adm 21.05(1)(1) All bids shall be submitted electronically or in sealed envelopes. Adm 21.05(1)(a)(a) Electronic bids received by the department shall be submitted via a secured, authorized electronic transfer that provides for time and date verification as well as proper security in the transfer of data and information. Bids shall conform to project specification bid forms and include all information required by the specification as well as this section. The bidder shall submit all supporting and original documentation requested by the department within 3 calendar days of the request. Adm 21.05(1)(b)(b) Sealed envelope bids shall be enclosed in distinctly marked special envelopes provided by the department. Should the bidder not possess the special envelope provided by the department, the bidder shall place all of the following information on the face of the outermost envelope containing the bidder’s proposal: Adm 21.05(2)(2) The bidder is responsible for the bid described in sub. (1) (a) or (b) being delivered to the place designated in the published advertisement for proposals, on or before the date and time specified. Adm 21.05(3)(3) All bids received by the department shall be stamped electronically or upon the face of the envelope indicating the date and time the bid was received. Adm 21.05(4)(4) Bids received by the department after the date and time designated in the advertisement for proposal shall be returned to the bidder unopened. Adm 21.05(5)(5) The department shall determine bids that conform with this section in the best interests of the state. Adm 21.05 HistoryHistory: Cr. Register, March, 1979, No. 279, eff. 4-1-79; CR 05-069: am. (2) and (5) Register May 2006 No. 605, eff. 6-1-06; CR 08-025: r. and recr. Register August 2010 No. 656, eff. 9-1-10. Adm 21.06(1)(1) At any time prior to the date and time of bid opening, a bidder or the bidder’s representative may withdraw the bid without prejudice to the right of the bidder to submit a new bid. Withdrawal of a bid may be accomplished in one of the following methods: Adm 21.06(1)(a)(a) A written request submitted by the bidder on the bidder’s letterhead stationery. Adm 21.06(1)(b)(b) Personal appearance of the bidder or the bidder’s authorized representative, whereby the identity and authority of the person may be ascertained by the department. After authority and identity is established, the individual shall be required to sign a receipt for the withdrawn bid. Adm 21.06 HistoryHistory: Cr. Register, March, 1979, No. 279, eff. 4-1-79; CR 08-025: am. (1) (b) Register August 2010 No. 656, eff. 9-1-10.
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