Adm 21.07 History
History: Cr.
Register, March, 1979, No. 279, eff. 4-1-79; r. (5),
Register, October, 1983, No. 334, eff. 11-1-83;
CR 08-025: am. (1) (intro.), (3) (c) and (d), r. (1) (b) 2.
Register August 2010 No. 656, eff. 9-1-10.
Adm 21.08(1)(1)
The department shall reject any bid which evidences any of the following conditions:
Adm 21.08(1)(a)
(a) The base bid amount(s) and alternate bid(s) amounts as requested in the specifications have not been entered on the bid form.
Adm 21.08(1)(d)
(d) Receipt of an addendum applicable to the award of contract has not been acknowledged on the bid form.
Adm 21.08(1)(e)
(e) The bid form has been altered or changed in such a way that it incorporates unsolicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of the unsolicited material in determining the award of contract.
Adm 21.08(1)(f)
(f) The bid is submitted by a bidder who, through investigation, is found not to be qualified or responsible within the definition of these rules, s.
Adm 21.02 (8) (b) and
(c).
Adm 21.08(2)
(2) The department may reject any bid if the included documents have any of the following informalities, unless such informalities are waived by the department and corrected by the bidder within 3 working days from date and time of bidder notification:
Adm 21.08(2)(a)
(a) Submittal of bid bond on a form other than that contained in the specification volume.
Adm 21.08(2)(d)
(d) Bonding company is not licensed to do business in Wisconsin.
Adm 21.08(2)(e)
(e) Failure to submit an affidavit, affirming that bidder is not guilty of collusion or fraud with regard to bid submittal.
Adm 21.08(2)(f)
(f) Failure to submit any other document which is specifically requested in the specifications to be submitted with the bid form, acceptance of which would not constitute a correction or alteration of the bid.
Adm 21.08(3)
(3) The department may reject all low bids constituting the total lowest construction cost when such amount exceeds the authorized funds available.
Adm 21.08(4)
(4) The department reserves the right to reject any or all bids, if in the opinion of the department the best interest of the state will be served.
Adm 21.08(5)
(5) Rejection of either a combined bid or the separate bids which correspond to the combined bid, as submitted by the bidder, shall not invalidate the other.
Adm 21.08(6)
(6) The reason(s) for rejection of a bid, if due to any of the conditions stated in this section, shall be sent to the bidder in writing within 30 calendar days after the date of bid opening.
Adm 21.08(7)
(7) The department, with the approval of the attorney general, may settle or dispose of cases or issues arising out of errors, omissions, or mistakes contained in a bid which result in the bidder giving written notice of the bidder's intent not to execute the contract. However, if no such settlement is obtained, the bidder is not entitled to recover the bid guarantee unless the bidder proves in circuit court for Dane county that in making the mistake, error or omission the bidder was free from negligence.
Adm 21.08 History
History: Cr.
Register, March, 1979, No. 279, eff. 4-1-79;
CR 08-025: am. (1) (intro.), (f), (2) (intro.), (3), (4) and (7)
Register August 2010 No. 656, eff. 9-1-10.
Adm 21.09(1)(1)
The department will award contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project and such amount does not exceed the available funds authorized for the project. Final determination as to which bidders are the lowest qualified responsible bidders is vested with the department.
Adm 21.09(2)
(2) In cases where the bidding documents provide a formula for evaluation analysis in conjunction with the base bid or alternate bid(s), the department will award to the lowest qualified responsible bidder(s) whose bid(s) produce the lowest bid when combined with the dollar value derived from the formula for converting evaluation factors. (See s.
Adm 21.02 (8) (a).)
Adm 21.09(3)
(3) Factors which may be the subject of evaluation include, but are not limited to the following:
Adm 21.09(4)
(4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department may negotiate deductive changes in the lowest qualified bid for each contract to bring the bids within funding limits.
Adm 21.09(5)
(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.
Adm 21.08 (1) (e).
Adm 21.09(6)
(6) Award of a contract will not be finalized until the required performance payment bond and certificate of insurance have been received and approved by the department.
Adm 21.09(7)
(7) Any contractor or subcontractor who enters into a contract on a state construction project shall assume an obligation to take whatever affirmative action is necessary to assure equal employment opportunity in all aspects of employment, irrespective of age, race, religion, color, disability, sex, physical condition, developmental disability as defined in s.
51.01 (5), Stats., or national origin. It is expected that all contractors and subcontractors will carry out that part of their contract pertaining to equal employment opportunity and affirmative action with the same amount of thought and diligence as with any other part of the contract.
Adm 21.09 Note
Note: See Adm 21.02 (8) (c) 5. and 21.08 (1) (f).
Adm 21.09 History
History: Cr.
Register, March, 1979, No. 279, eff. 4-1-79; am. (6) and (7),
Register, October, 1983, No. 334, eff. 11-1-83;
CR 05-069: am. (4)
Register May 2006 No. 605, eff. 6-1-06;
CR 08-025: am. (1), (2), (4), (5) and (6)
Register August 2010 No. 656, eff. 9-1-10;
CR 21-110: am. (7) Register June 2022 No. 798, eff. 7-1-22.
