Chapter NR 736

NR 736.15(2)(b) (b) No power of attorney submitted with bid bond.

NR 736.15(2)(c) (c) Date of power of attorney precedes date of bid bond.

NR 736.15(2)(d) (d) Bonding company is not licensed to do business in Wisconsin.

NR 736.15(2)(e) (e) Failure to submit an affidavit, affirming that bidder is not guilty of collusion or fraud with regard to bid submittal.

NR 736.15(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.

NR 736.15(3) (3) The department may reject all low bids constituting the total lowest construction cost when such amount exceeds the authorized funds available.

NR 736.15(4) (4) The department may reject any or all bids if, in the opinion of the department, the best interest of the state will be served.

NR 736.15(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.

NR 736.15(6) (6) The reason or reasons 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 days after the date of bid opening.

NR 736.15(7) (7) If a bidder gives prompt written notice that a contract will not be executed due to a mistake, error or omission in the bid, which does not constitute gross negligence, the bid guarantee may be returned by the department.

NR 736.15 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: am. (2) (a) Register October 2013 No. 694, eff. 11-1-13.

NR 736.17 NR 736.17 Award of contracts.

NR 736.17(1) (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.

NR 736.17(2) (2) The lowest qualified responsible bidder shall be determined utilizing all of the following criteria:

NR 736.17(2)(a) (a) The lowest bidder is one whose bid contains the lowest total dollar amount when compared with other bids submitted for the same work.

NR 736.17(2)(b) (b) A qualified bidder is one who meets all of the following conditions:

NR 736.17(2)(b)1. 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.

NR 736.17(2)(b)2. 2. Has access to all necessary equipment and has the organizational capacity and technical competence necessary to perform the work properly and expeditiously.

NR 736.17(2)(b)3. 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.

NR 736.17(2)(c) (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.

NR 736.17(2)(d) (d) A responsible bidder is one who meets all of the following criteria:

NR 736.17(2)(d)1. 1. Maintains a permanent place of business.

NR 736.17(2)(d)2. 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.

NR 736.17(2)(d)3. 3. Is bondable for the term of the proposed contract.

NR 736.17(2)(d)4. 4. Has a record of satisfactorily completing past projects. Criteria considered in determining satisfactory completion of projects by contractors and subcontractors shall include:

NR 736.17(2)(d)4.a. a. Contracts completed in accordance with drawings and specifications.

NR 736.17(2)(d)4.b. b. Diligently pursued execution of the work and completed contracts according to the established time schedule and department authorized extensions.

NR 736.17(2)(d)4.c. c. Fulfilled guarantee requirements of the contract documents.

NR 736.17(2)(d)4.d. d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions.

NR 736.17(2)(d)5. 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.

NR 736.17(3) (3) The department shall make the final determination as to which bidder is the lowest qualified responsible bidder.

NR 736.17(4) (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.

NR 736.17(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. NR 736.15 (1) (e).

NR 736.17(6) (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.

NR 736.17(7) (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.

NR 736.17 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.