LPA:136.10 Advertisement for Bid and Project Award - Revision history

Hoskir: /* 136.10.7.1.2 Responsible Bidder */ updated per email

2024-09-06T15:52:58Z

136.10.7.1.2 Responsible Bidder: updated per email

← Older revision		Revision as of 10:52, 6 September 2024
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	:* Failure to be pre-qualified in the time frame required in the bid documents, if applicable.		:* Failure to be pre-qualified in the time frame required in the bid documents, if applicable.
	:* Contractor is suspended or debarred. The LPA should ensure no bidders are on the publication [https://www.~~sam~~.gov/~~portal~~/~~public/SAM~~/ ''~~A Listing of~~ Parties Excluded from Federal Procurement and Non-procurement Programs''].		:* Contractor is suspended or debarred. The LPA should ensure no bidders are on the publication [https://www.dol.gov/agencies/ofccp/debarred-list ''Instructions for finding Parties Excluded from Federal Procurement and Non-procurement Programs''].

	Responsibility must be determined prior to the bid opening unless the contractor's qualifications have changed from that shown on the prequalification questionnaire on file. If prequalification is required, any bid submitted by a contractor that is not on the pre-qualification list should not be opened, but if opened it must be declared non-responsive. See [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.14.2 Pre-qualification of Prime Contractors\|EPG 136.9.4.1.1.14.2]] for more information on contractor pre-qualification.		Responsibility must be determined prior to the bid opening unless the contractor's qualifications have changed from that shown on the prequalification questionnaire on file. If prequalification is required, any bid submitted by a contractor that is not on the pre-qualification list should not be opened, but if opened it must be declared non-responsive. See [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.14.2 Pre-qualification of Prime Contractors\|EPG 136.9.4.1.1.14.2]] for more information on contractor pre-qualification.

Hoskir: /* 136.10.2.4 Suspended, Debarred or Excluded Contractors */ updated link per email

2024-09-06T15:51:07Z

136.10.2.4 Suspended, Debarred or Excluded Contractors: updated link per email

← Older revision		Revision as of 10:51, 6 September 2024
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	==136.10.2.4 Suspended, Debarred or Excluded Contractors==		==136.10.2.4 Suspended, Debarred or Excluded Contractors==

	Contractors who are currently suspended, debarred or voluntarily excluded under [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr180_main_02.tpl 2 CFR part 180], or otherwise determined to be ineligible must be prohibited from participating in the Federal-Aid Highway Program. Any bid that was submitted by a suspended, debarred or excluded contractor must be sent back to the contractor unopened or if opened must be declared non-responsive. ~~The General Services Administration~~ maintains ~~a government-wide list of~~ excluded parties on their ~~web-based system titled~~, [https://www.~~epls~~.gov/ ~~“Excluded Parties List System”~~].		Contractors who are currently suspended, debarred or voluntarily excluded under [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr180_main_02.tpl 2 CFR part 180], or otherwise determined to be ineligible must be prohibited from participating in the Federal-Aid Highway Program. Any bid that was submitted by a suspended, debarred or excluded contractor must be sent back to the contractor unopened or if opened must be declared non-responsive. Sam.gov maintains excluded parties on their site, [https://www.dol.gov/agencies/ofccp/debarred-list instructions can be found here].

	=136.10.3 Bid Opening Advertisement =		=136.10.3 Bid Opening Advertisement =

Hoskir: reformatted box in upper right corner

2023-12-13T20:00:25Z

reformatted box in upper right corner

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 * [http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?category=civilrig Civil Rights]
 </div>
 =136.10.1 Introduction =

Hoskir: updated figures and links per RR3816

2023-12-13T19:59:15Z

updated figures and links per RR3816

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 {|style="padding: 0.3em; margin-left:7px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5" width="250px" align="right"
 |-
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 In accordance with [http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.112(b)], the advertisement and approved plans and specifications must be available to bidders a minimum of twenty-one (21) calendar days prior to bid opening unless otherwise approved by MoDOT in special justifiable cases.  The advertisement must be placed in a newspaper having a general circulation in the area of the project at least once and must be advertised on [http://www.modot.org/business/contractor_resources/bid_opening_info/advertisement.htm MoDOT's "Projects to be Let by Others" website].  The LPA must submit the bid advertisement to their local MoDOT district contact at least 4 weeks prior to the bid opening for posting on the MoDOT website.  The LPA can advertise on their own website '''in addition to''' advertising on MoDOT's website and in a local newspaper.  However, if the LPA requests  to advertise on their own website '''instead of''' in a local paper or on MoDOT's website, then MoDOT must first approve the request before the LPA can post the ad on their website.  The request must describe how the LPA will notify all interested bidders and how the website is readily accessible to all bidders.
-The LPA should refer to [[media:136.10.1 2020.docx|Figure 136.10.1]] for an example bid advertisement.  At minimum, the following list of items must be included in the advertisement for bids:
+The LPA should refer to [https://epg.modot.org/forms/general_files/DE/RW-LPA/Sample_Advertisement.docx Figure 136.10.1] for an example bid advertisement.  At minimum, the following list of items must be included in the advertisement for bids:
 :*	Brief description of the project

Smithk: Per LPA, revised Fig. 136.10.2 Bid Concurrence Checklist to match EPG language

2022-05-25T18:41:17Z

Per LPA, revised Fig. 136.10.2 Bid Concurrence Checklist to match EPG language

← Older revision		Revision as of 13:41, 25 May 2022
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	\|[[media:136.10.1 2020.docx\|Fig. 136.10.1, Sample Advertisement]]		\|[[media:136.10.1 2020.docx\|Fig. 136.10.1, Sample Advertisement]]
	\|-		\|-
	\|[[media:136.10.~~2 2016~~.~~doc~~\|Fig. 136.10.2, Bid Concurrence Checklist]]		\|[[media:136.10.2_2022.docx\|Fig. 136.10.2, Bid Concurrence Checklist]]
	\|-		\|-
	\|[[media:136.10.3.docx\|Fig 136.10.3 Sample Contract Agreement]]		\|[[media:136.10.3.docx\|Fig 136.10.3 Sample Contract Agreement]]
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	===136.10.7.4.1 Request for Concurrence In Award===		===136.10.7.4.1 Request for Concurrence In Award===
	The LPA must formally request concurrence in the award and should use the concurrence in award checklist ([[media:136.10.~~2 2016~~.~~doc~~\|Figure 136.10.2]]) when composing the request. MoDOT’s concurrence in award is a prerequisite to federal participation in construction costs. Concurrence in award must be formally approved and shall only be given after receipt and review of the submitted request. If the LPA determines that the lowest bid is not responsive or the bidder is not responsible, it must notify and obtain MoDOT’s concurrence before making an award to the next lowest bidder.		The LPA must formally request concurrence in the award and should use the concurrence in award checklist ([[media:136.10.2_2022.docx\|Figure 136.10.2]]) when composing the request. MoDOT’s concurrence in award is a prerequisite to federal participation in construction costs. Concurrence in award must be formally approved and shall only be given after receipt and review of the submitted request. If the LPA determines that the lowest bid is not responsive or the bidder is not responsible, it must notify and obtain MoDOT’s concurrence before making an award to the next lowest bidder.

	The LPA will be working directly with MoDOT Central Office personnel reviewing bid concurrence requests. The LPA’s formal request for concurrence in award must be submitted electronically by email to LPASubmit@modot.mo.gov.		The LPA will be working directly with MoDOT Central Office personnel reviewing bid concurrence requests. The LPA’s formal request for concurrence in award must be submitted electronically by email to LPASubmit@modot.mo.gov.

Smithk: Per LPA, updated link

2022-05-03T13:14:44Z

Per LPA, updated link

← Older revision		Revision as of 08:14, 3 May 2022
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	This article describes the requirements, considerations and procedures for advertising, opening and evaluating bids and awarding a federal-aid contract. This article also includes requirements for contractor qualification. '''The Local Public Agency (LPA) will lose federal funds if they advertise a project for bids, purchase materials, or commence work before construction authorization has been issued ([http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.112]).''' Once FHWA approves the obligation of construction funds, MoDOT will notify the LPA to advertise for bids. [[136.9 Plans, Specs and Estimates (PSE)#136.9.2 Required Submittals\|EPG 136.9.2]] details the requirements for obtaining construction authorization.		This article describes the requirements, considerations and procedures for advertising, opening and evaluating bids and awarding a federal-aid contract. This article also includes requirements for contractor qualification. '''The Local Public Agency (LPA) will lose federal funds if they advertise a project for bids, purchase materials, or commence work before construction authorization has been issued ([http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.112]).''' Once FHWA approves the obligation of construction funds, MoDOT will notify the LPA to advertise for bids. [[136.9 Plans, Specs and Estimates (PSE)#136.9.2 Required Submittals\|EPG 136.9.2]] details the requirements for obtaining construction authorization.

	Prior to advertisement for bids, the LPA should ensure there is adequate funding for the project. The LPA should have funds available to cover the cost of a contract that is within the engineer’s estimate for the project. If the LPA does not have sufficient funds, the project should not be advertised. The LPA will not be able to reject reasonable bids based solely on their lack of funds. The LPA should contact the appropriate [https://www.modot.org/~~contact~~-~~modot~~-~~lpa~~ MoDOT district representative] if funding is a concern.		Prior to advertisement for bids, the LPA should ensure there is adequate funding for the project. The LPA should have funds available to cover the cost of a contract that is within the engineer’s estimate for the project. If the LPA does not have sufficient funds, the project should not be advertised. The LPA will not be able to reject reasonable bids based solely on their lack of funds. The LPA should contact the appropriate [https://www.modot.org/about-lpacontact-us MoDOT district representative] if funding is a concern.

	[http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.104] requires federal-aid projects to be awarded on the basis of competitive bidding. However, in rare cases, this requirement may be waived if the LPA finds it more cost effective to use some other method or that an emergency exists. If any work is to be completed by local forces, refer to [[136.3 Federal Aid Basics#136.3.12 Federal-aid Participation for Local Work\|EPG 136.3.12]]. The LPA will not be permitted to bid in competition or to enter into subcontracts with private contractors. FHWA’s [http://www.fhwa.dot.gov/programadmin/contracts/ta508046.cfm ''Guidelines on Preparing Engineer’s Estimate, Bid Reviews and Evaluation''] outlines recommended procedures for preparing engineer’s estimates and reviewing bids prior to award.		[http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.104] requires federal-aid projects to be awarded on the basis of competitive bidding. However, in rare cases, this requirement may be waived if the LPA finds it more cost effective to use some other method or that an emergency exists. If any work is to be completed by local forces, refer to [[136.3 Federal Aid Basics#136.3.12 Federal-aid Participation for Local Work\|EPG 136.3.12]]. The LPA will not be permitted to bid in competition or to enter into subcontracts with private contractors. FHWA’s [http://www.fhwa.dot.gov/programadmin/contracts/ta508046.cfm ''Guidelines on Preparing Engineer’s Estimate, Bid Reviews and Evaluation''] outlines recommended procedures for preparing engineer’s estimates and reviewing bids prior to award.

Smithk: Updated website link for increased security

2021-10-26T13:16:35Z

Updated website link for increased security

← Older revision		Revision as of 08:16, 26 October 2021
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	:::- Performance/Contract Bond (see [[media:136.10.4.doc\|Fig 136.10.4 Sample Contract Bond]]), and		:::- Performance/Contract Bond (see [[media:136.10.4.doc\|Fig 136.10.4 Sample Contract Bond]]), and
	:::- [[media:136.10.5.pdf\|Fig 136.10.5 Sample Contractor's Acknowledgement]]		:::- [[media:136.10.5.pdf\|Fig 136.10.5 Sample Contractor's Acknowledgement]]
	:* Certification Regarding Affirmative Action signed by prime contractor (only if NOT utilizing MoDOT's [~~http~~://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1_Bid_Proposal Federal Project Bid Proposal Boilerplate])		:* Certification Regarding Affirmative Action signed by prime contractor (only if NOT utilizing MoDOT's [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1_Bid_Proposal Federal Project Bid Proposal Boilerplate])
	:* Insurance Certificate		:* Insurance Certificate
	:* E-verify MOU & Affidavit		:* E-verify MOU & Affidavit

Smithk: Per CM, new references to EPG 146 added

2021-06-23T13:25:07Z

Per CM, new references to EPG 146 added

Bramar12: /* 136.10.7.1 Bid Opening Requirements */

2021-04-23T19:46:12Z

136.10.7.1 Bid Opening Requirements

← Older revision		Revision as of 14:46, 23 April 2021
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	:* Negotiation with contractors, during the period following the opening of bids and before the award of the contract is not permitted.		:* Negotiation with contractors, during the period following the opening of bids and before the award of the contract is not permitted.

	The LPA must at minimum disclose the total bid for each responsive bid after the bid opening. It is recommended that unit prices (item-by-item) are not disclosed until after award. When determining whether to disclose the unit prices after the bid opening, the LPA should consider the effects of sharing each contractor’s unit prices may have on future bids, should a justifiable reason require the project to be re-bid.		The LPA must at minimum disclose the total bid for each responsive bid after the bid opening. '''It is recommended that unit prices (item-by-item) are not disclosed until after award.''' When determining whether to disclose the unit prices after the bid opening, the LPA should consider the effects of sharing each contractor’s unit prices may have on future bids, should a justifiable reason require the project to be re-bid.

	===136.10.7.1.1 Responsive Bid===		===136.10.7.1.1 Responsive Bid===

Smithk: Per LPA, minor updates to Fig 136.10.1

2020-02-07T20:46:50Z

Per LPA, minor updates to Fig 136.10.1

← Older revision		Revision as of 15:46, 7 February 2020
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	\|<center>'''Figures'''</center>		\|<center>'''Figures'''</center>
	\|-		\|-
	\|[[media:136.10.1.~~doc~~\|Fig. 136.10.1, Sample Advertisement]]		\|[[media:136.10.1 2020.docx\|Fig. 136.10.1, Sample Advertisement]]
	\|-		\|-
	\|[[media:136.10.2 2016.doc\|Fig. 136.10.2, Bid Concurrence Checklist]]		\|[[media:136.10.2 2016.doc\|Fig. 136.10.2, Bid Concurrence Checklist]]
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	In accordance with [http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.112(b)], the advertisement and approved plans and specifications must be available to bidders a minimum of twenty-one (21) calendar days prior to bid opening unless otherwise approved by MoDOT in special justifiable cases. The advertisement must be placed in a newspaper having a general circulation in the area of the project at least once and must be advertised on [http://www.modot.org/business/contractor_resources/bid_opening_info/advertisement.htm MoDOT's "Projects to be Let by Others" website]. The LPA must submit the bid advertisement to their local MoDOT district contact at least 4 weeks prior to the bid opening for posting on the MoDOT website. The LPA can advertise on their own website '''in addition to''' advertising on MoDOT's website and in a local newspaper. However, if the LPA requests to advertise on their own website '''instead of''' in a local paper or on MoDOT's website, then MoDOT must first approve the request before the LPA can post the ad on their website. The request must describe how the LPA will notify all interested bidders and how the website is readily accessible to all bidders.		In accordance with [http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0635a.htm 23 CFR 635.112(b)], the advertisement and approved plans and specifications must be available to bidders a minimum of twenty-one (21) calendar days prior to bid opening unless otherwise approved by MoDOT in special justifiable cases. The advertisement must be placed in a newspaper having a general circulation in the area of the project at least once and must be advertised on [http://www.modot.org/business/contractor_resources/bid_opening_info/advertisement.htm MoDOT's "Projects to be Let by Others" website]. The LPA must submit the bid advertisement to their local MoDOT district contact at least 4 weeks prior to the bid opening for posting on the MoDOT website. The LPA can advertise on their own website '''in addition to''' advertising on MoDOT's website and in a local newspaper. However, if the LPA requests to advertise on their own website '''instead of''' in a local paper or on MoDOT's website, then MoDOT must first approve the request before the LPA can post the ad on their website. The request must describe how the LPA will notify all interested bidders and how the website is readily accessible to all bidders.

	The LPA should refer to [[media:136.10.1.~~doc~~\|Figure 136.10.1]] for an example bid advertisement. At minimum, the following list of items must be included in the advertisement for bids:		The LPA should refer to [[media:136.10.1 2020.docx\|Figure 136.10.1]] for an example bid advertisement. At minimum, the following list of items must be included in the advertisement for bids:

	:* Brief description of the project		:* Brief description of the project

← Older revision		Revision as of 08:25, 23 June 2021
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	:* Time and location of bid opening		:* Time and location of bid opening
	:* OSHA 10 Hour Requirements		:* OSHA 10 Hour Requirements
	:* DBE Goal		:* DBE Goal (DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].)
	:* A statement regarding pre-qualification, if required		:* A statement regarding pre-qualification, if required
	:* Time and location of any pre-bid meetings, if necessary		:* Time and location of any pre-bid meetings, if necessary.

	Additionally, the LPA must ensure that requirements of state statutes governing advertisement and bidding for public works applicable to LPA operations are satisfied.		Additionally, the LPA must ensure that requirements of state statutes governing advertisement and bidding for public works applicable to LPA operations are satisfied.
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	==136.10.6.6 Disadvantaged Business Enterprise (DBE) Requirements ==		==136.10.6.6 Disadvantaged Business Enterprise (DBE) Requirements ==

	If a DBE goal is established for a project as described in [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.15 Disadvantaged Business Enterprise (DBE) (49 CFR Part 26)\|EPG 136.9.4.1.1.15]], the LPA must include the goal in the bidding documents. Even if a DBE goal is not established, all bid proposals must include the DBE contract provisions ([[media:136.9.8.doc\|Figure 136.9.8]]) and DBE submittal forms ([[media:136.9.9.doc\|Figure 136.9.9]]) to be completed by the bidder and returned. If a DBE goal is established, failure to submit the DBE submittal forms within three (3) working days of the bid opening will make the bid nonresponsive and not eligible for award consideration.		If a DBE goal is established for a project as described in [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.15 Disadvantaged Business Enterprise (DBE) (49 CFR Part 26)\|EPG 136.9.4.1.1.15]], the LPA must include the goal in the bidding documents. Even if a DBE goal is not established, all bid proposals must include the DBE contract provisions ([[media:136.9.8.doc\|Figure 136.9.8]]) and DBE submittal forms ([[media:136.9.9.doc\|Figure 136.9.9]]) to be completed by the bidder and returned. If a DBE goal is established, failure to submit the DBE submittal forms within three (3) working days of the bid opening will make the bid nonresponsive and not eligible for award consideration. DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].

	If the bidder does not meet the established project DBE goal, award of contract can only be made if the bidder can document and demonstrate good faith effort to meet the goal. MoDOT will review and make a determination of the good faith effort.		If the bidder does not meet the established project DBE goal, award of contract can only be made if the bidder can document and demonstrate good faith effort to meet the goal. MoDOT will review and make a determination of the good faith effort.
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	The above examples do not include all possible bidding irregularities. The bidding documents govern what constitutes a bidding irregularity. Accordingly, the LPA’s bidding documents must clearly identify those requirements with which the bidder must comply to make the bid responsive.		The above examples do not include all possible bidding irregularities. The bidding documents govern what constitutes a bidding irregularity. Accordingly, the LPA’s bidding documents must clearly identify those requirements with which the bidder must comply to make the bid responsive.

			Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].

	===136.10.7.1.2 Responsible Bidder===		===136.10.7.1.2 Responsible Bidder===
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	===136.10.7.3.3 DBE Submittal Form Review===		===136.10.7.3.3 DBE Submittal Form Review===
	DBE Submittal Forms should be reviewed for completeness and accuracy once received within the three business days after bid opening. Verify the firms listed are on [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/mrcc.htm MoDOT’s approved list], check math to ensure the goal is being met, etc. Contact MoDOT’s External Civil Rights Division if you have any questions regarding the completeness or accuracy of submitted forms within the three business days when possible. If an error is found on the DBE Submittal form, the bidder has the option to correct the error within the three business days of the bid opening. See [[#136.10.6.6 Disadvantaged Business Enterprise (DBE) Requirements\|EPG 136.10.6.6]] for more DBE information.		DBE Submittal Forms should be reviewed for completeness and accuracy once received within the three business days after bid opening. Verify the firms listed are on [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/mrcc.htm MoDOT’s approved list], check math to ensure the goal is being met, etc. Contact MoDOT’s External Civil Rights Division if you have any questions regarding the completeness or accuracy of submitted forms within the three business days when possible. If an error is found on the DBE Submittal form, the bidder has the option to correct the error within the three business days of the bid opening. See [[#136.10.6.6 Disadvantaged Business Enterprise (DBE) Requirements\|EPG 136.10.6.6]] for more DBE information. Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].

	===136.10.7.3.4 Determination of Non-responsive Bid and Not Responsible Contractor===		===136.10.7.3.4 Determination of Non-responsive Bid and Not Responsible Contractor===