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.