Chapter 10
Procedures for Submitting Bids
Section 1. Authority and Purpose. The Wyoming Department of Transportation (WYDOT) promulgates these rules by authority of W.S. 10-3-201(g) and W.S. 24-2-108 to administer procedures for submitting bids on transportation projects.
Section 2. Acceptance of Bids.
(a) Prequalification. Bids shall be accepted only from prequalified contractors or their authorized representatives in accordance with General Section, Chapter 6, Bidder Prequalification Procedures for Transportation Projects, of WYDOT rules and regulations.
(b) Contractor Submission of Multiple Bids. When advertising more than one project, WYDOT shall accept bids on as many projects as the contractor submits as long as the contractor has prequalified for each individual project. No contract shall be awarded to a contractor, however, if that contract, either by itself or when considered with other awarded but uncompleted contracts, exceeds the limit of the contractor's prequalification amount.
Section 3. Contents of Proposal Forms. The proposal documents that WYDOT issues shall set forth the following at a minimum:
(a) Location and description of the proposed construction project;
(b) Estimates of the various quantities and kinds of work to be performed or the materials to be furnished;
(d) Security amount the contractor shall supply to guarantee proposal completion;
(e) Date, place, and time for opening all bids; and
(f) Special provisions, supplemental specifications, or requirements that vary from, or are not contained in, WYDOT's current standard specifications for roads and bridges.
Section 4. Interpretation of Estimated Quantities Shown in the Proposal Documents.
(a) Proposal Quantities. The quantities listed in the proposal documents shall be considered as approximate only and shall be used solely for bid comparison.
(b) Actual Quantities. Payment to the contractor shall be made only for actual quantities of work performed in accordance with project plans and specifications.
(c) Discrepancy Between Proposed and Actual Quantities. If, upon completing the work, the actual quantities show either an increase or a decrease from the quantities given in the estimate, the prices or costs set forth on a unit basis in the bid shall prevail expect as otherwise provided.
Section 5. Preparation of Bids.
(a) Bid Submission. Bidders shall submit their bid using the bidding system provided by WYDOT and complete all required fields.
(b) Signing Bids. Bidders or their qualified and authorized agents shall sign bids according to the following provisions:
(i) For a partnership bid, one of the partners or an authorized and qualified agent of the partnership shall sign the bid;
(ii) For a joint venture, one of the members of the joint venture or its authorized and qualified agent shall sign the bid; or
(iii) For a corporation, the president, the secretary, the treasurer, or some other officer duly qualified and authorized to act for and on its behalf shall sign the bid.
Section 6. Rejection of Bids Containing Irregularities. WYDOT may reject a bid that shows irregularities of any kind.
Section 7. Irregular Bids. WYDOT shall consider bids irregular and may reject them for any of the following reasons:
(a) Ambiguity as to any part of the bid;
(b) The presence of any unit bid price that generates reasonable doubt that award to that bidder would result in the lowest ultimate cost to WYDOT (a materially unbalanced bid); or
(c) An improper electronic bid bond or lack of a cashier's check payable to the Transportation Commission of Wyoming (Commission) covering 10 percent of the bid.
Section 8. Examination of the Site, the Work, and the Plans and Specifications.
(a) Worksite Examination. Bidders shall examine the site of the contemplated work carefully and inquire into and satisfy themselves about the conditions to be encountered in performing the work as well as the following:
(i) Requirements and provisions of the proposal information;
(ii) Plans;
(iii) Specifications and supplemental specifications;
(iv) Special provisions; and
(v) Contract form for the construction project.
(b) Sub-Surface Information. Although test borings are made and recorded with reasonable care and accuracy, and the results are furnished with the plans, WYDOT shall not be responsible for the full accuracy of sub-surface information. Bidders may use WYDOT's information to guide their own determination of sub-surface conditions.
Section 9. Security Required for the Bid.
(a) Electronic Bid Bonds. No bid shall be considered or accepted unless it is accompanied by an electronic bid bond in the amount specified in the proposal issued to the bidder.
(b) Cashier's Checks. If an electronic bid bond cannot be provided, a cashier's check drawn on a reliable bank shall be accepted. The cashier's check shall be made payable to the Transportation Commission of Wyoming and shall be submitted to WYDOT before the bid opening.
(c) Entry into Electronic Bid System. The electronic bid bond number or the cashier's check number shall be entered into the electronic bid system as part of the bid proposal. A physical bid bond is not required.
Section 10. Delivery of Bids. Bidders shall submit each bid using the bidding system provided by WYDOT.
Section 11. Public Opening of Bids.
(a) Opening Bids. WYDOT shall open all bids and display them publicly at the time and place indicated in the advertisement. WYDOT shall not publicly reveal bid item unit prices until after project award.
(b) Tie Bids. If two or more bids tie, WYDOT shall determine the procedures for a random drawing, which the Transportation Commission of Wyoming shall conduct.
Section 12. Withdrawal of Bids. Bidders may withdraw bids using the bidding system provided by WYDOT until the bids for that project are opened.
Section 13. Disqualification of Bidders. WYDOT may disqualify properly qualified bidders for any of the following reasons:
(a) Collusion. Bids shall be rejected if reason exists to believe that bidders colluded. If, after investigation and inquiry, WYDOT determines that one or more bidders colluded in any manner involved in submitting their bids, WYDOT may disqualify any or all such bidders from bidding on other projects for a period as determined by the Transportation Commission of Wyoming after considering debarment periods or other legal action.
(b) Changed Conditions. WYDOT may declare any bidder ineligible at any time during the process of receiving bids or awarding contracts when a development that adversely affects the bidder's responsibility arises. In such case, the bidder shall be given an opportunity to present evidence in support of their position before prequalification is revoked.
Section 14. Commission May Reject Bids. The Commission reserves the right to reject any and all bids and to waive technicalities when the Commission determines this outcome is in the best interest of the State of Wyoming.
Section 15. Material Guarantee. The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacturer of any materials to be used for the work, together with samples that may be subjected to the tests provided for in the specifications to determine their quality and fitness for the work.