### SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS

**20-01 ADVERTISEMENT (Notice to Bidders).**

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> **The Owner, or his/her authorized agent, shall publish the
> advertisement at such places and at such times as are required by
> local law or ordinances.  The published advertisement shall state the
> time and place for submitting sealed proposals; a description of the
> proposed work; instructions to bidders as to obtaining proposal forms,
> plans, and specifications; proposal guaranty required; and the
> Owner\'s right to reject any and all bids.**

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**20-02 PREQUALIFICATION OF BIDDERS**.  Each bidder shall furnish the
owner satisfactory evidence of his/her competency to perform the
proposed work.  Such evidence of competency, unless otherwise specified,
shall consist of statements covering the bidder\'s past experience on
similar work, a list of equipment that would be available for the work,
and a list of key personnel that would be available.  In addition, each
bidder shall furnish the owner satisfactory evidence of his/her
financial responsibility.  Such evidence of financial responsibility,
unless otherwise specified, shall consist of a confidential statement or
report of the bidder\'s financial resources and liabilities as of the
last calendar year or the Contractor\'s last fiscal year.  Such
statements or reports shall be certified by a public accountant.  At the
time of submitting such financial statements or reports, the bidder
shall further certify whether his/her financial responsibility is
approximately the same as stated or reported by the public accountant. 
If the bidder\'s financial responsibility has changed, the bidder shall
qualify the public accountant\'s statement or report to reflect his/her
(bidder\'s) true financial condition at the time such qualified
statement or report is submitted to the Owner.

Unless otherwise specified, a bidder may submit evidence that he is
prequalified with the State Highway Division and is on the current
\`\`bidder\'s list\'\' of the state in which the proposed work is
located.  Such evidence of State Highway Division prequalification may
be submitted as evidence of financial responsibility in lieu of the
certified statements or reports hereinbefore specified.

Each bidder shall submit \"evidence of competency\" and \"evidence of
financial responsibility\" to the Owner at the time of bid opening.

**20-03 CONTENTS OF PROPOSAL FORMS**.  The Owner shall furnish bidders
with proposal forms.  All papers bound with or attached to the proposal
forms are necessary parts and must not be detached.

The plans specifications, and other documents designated in the proposal
form shall be considered a part of the proposal whether attached or not.

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> **The proposal forms that are to be furnished to bidders should state
> the location and description of the proposed construction, the place,
> date, and time of opening of the proposals, and should show the
> estimated quantities of the various items of work to be performed and
> materials to be furnished for which unit bid prices are asked.  The
> proposal form shall state the time in which the work must be
> completed, and the amount of the proposal guaranty that must accompany
> the proposal.  Should the Owner require a prebid conference, the time,
> date, and place shall be stated in the proposal.**
>
> **For AIP contracts, the proposal shall conform to the requirements of
> local laws and ordinances pertaining to letting of contracts.**

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**20-04 ISSUANCE OF PROPOSAL FORMS**.  The Owner reserves the right to
refuse to issue a proposal form to a prospective bidder should such
bidder be in default for any of the following reasons:

**a.**  Failure to comply with any prequalification regulations of the
Owner, if such regulations are cited, or otherwise included, in the
proposal as a requirement for bidding.

**b.**  Failure to pay, or satisfactorily settle, all bills due for
labor and materials on former contracts in force (with the Owner) at the
time the Owner issues the proposal to a prospective bidder.

**c.**  Contractor default under previous contracts with the Owner.

**d.**  Unsatisfactory work on previous contracts with the Owner.

**20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES**.  An estimate
of quantities of work to be done and materials to be furnished under
these specifications is given in the proposal.  It is the result of
careful calculations and is believed to be correct.  It is given only as
a basis for comparison of proposals and the award of the contract.  The
Owner does not expressly or by implication agree that the actual
quantities involved will correspond exactly therewith; nor shall the
bidder plead misunderstanding or deception because of such estimates of
quantities, or of the character, location, or other conditions
pertaining to the work.  Payment to the Contractor will be made only for
the actual quantities of work performed or materials furnished in
accordance with the plans and specifications.  It is understood that the
quantities may be increased or decreased as hereinafter provided in the
subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40
without in any way invalidating the unit bid prices.

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> **Mobilization may be paid for as a separate bid item or included in
> the unit prices for all other items. Ensure the proposal form and
> contract documents indicate how mobilization is to be paid for.**
>
> **Implementation of the safety plan is to be included in other bid
> items.**

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**20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE**.  The bidder is
expected to carefully examine the site of the proposed work, the
proposal, plans specifications, and contract forms.  He shall satisfy
himself as to the character, quality, and quantities of work to be
performed, materials to be furnished, and as to the requirements of the
proposed contract.  The submission of a proposal shall be prima facie
evidence that the bidder has made such examination and is satisfied as
to the conditions to be encountered in performing the work and as to the
requirements of the proposed contract, plans, and specifications.

Boring logs and other records of subsurface investigations and tests are
available for inspection of bidders.  It is understood and agreed that
such subsurface information, whether included in the plans,
specifications, or otherwise made available to the bidder, was obtained
and is intended for the Owner\'s design and estimating purposes only. 
Such information has been made available for the convenience of all
bidders.  It is further understood and agreed that each bidder is solely
responsible for all assumptions, deductions, or conclusions which he may
make or obtain from his/her examination of the boring logs and other
records of subsurface investigations and tests that are furnished by the
Owner.

**20-07 PREPARATION OF PROPOSAL**.  The bidder shall submit his/her
proposal on the forms furnished by the Owner.  All blank spaces in the
proposal forms must be correctly filled in where indicated for each and
every item for which a quantity is given.  The bidder shall state the
price (written in ink or typed) both in words and numerals for which he
proposes to do each pay item furnished in the proposal.  In case of
conflict between words and numerals, the words, unless obviously
incorrect, shall govern.

The bidder shall sign his/her proposal correctly and in ink.  If the
proposal is made by an individual, his/her name and post office address
must be shown.  If made by a partnership, the name and post office
address of each member of the partnership must be shown.  If made by a
corporation, the person signing the proposal shall give the name of the
state under the laws of which the corporation was chartered and the
name, titles, and business address of the president, secretary, and the
treasurer.  Anyone signing a proposal as an agent shall file evidence of
his/her authority to do so and that the signature is binding upon the
firm or corporation.

**20-08 IRREGULAR PROPOSALS**.  Proposals shall be considered irregular
for the following reasons:

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> **A definition of responsive and responsible bid as defined in federal
> acquisition regulations should be included in this section.**

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**a.**  If the proposal is on a form other than that furnished by the
Owner, or if the Owner\'s form is altered, or if any part of the
proposal form is detached.

**b.**  If there are unauthorized additions, conditional or alternate
pay items, or irregularities of any kind that make the proposal
incomplete, indefinite, or otherwise ambiguous.

**c.**  If the proposal does not contain a unit price for each pay item
listed in the proposal, except in the case of authorized alternate pay
items, for which the bidder is not required to furnish a unit price.

**d.**  If the proposal contains unit prices that are obviously
unbalanced.

**e.**  If the proposal is not accompanied by the proposal guaranty
specified by the Owner.

The Owner reserves the right to reject any irregular proposal and the
right to waive technicalities if such waiver is in the best interest of
the Owner and conforms to local laws and ordinances pertaining to the
letting of construction contracts.

**20-09 BID GUARANTEE**.  Each separate proposal shall be accompanied by
a certified check, or other specified acceptable collateral, in the
amount specified in the proposal form.  Such check, or collateral, shall
be made payable to the Owner.

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> **49 CFR Part 18 provides that for contracts exceeding \$100,000, the
> Owner should use local bonding policy and requirements provided that
> the FAA has made a determination that the Government\'s interest is
> adequately protected.  If such a determination has not been made, the
> bid guarantee shall be equivalent to five percent of the bid price. 
> It shall consist of a firm commitment such as a bid bond, certified
> check, or other negotiable instrument accompanying a bid as assurance
> that the bidder will, upon acceptance of the bid, execute such
> contractual documents as may be required within the time specified.**

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**20-10 DELIVERY OF PROPOSAL.**  Each proposal submitted shall be placed
in a sealed envelope plainly marked with the project number, location of
airport, and name and business address of the bidder on the outside. 
When sent by mail, preferably registered, the sealed proposal, marked as
indicated above, should be enclosed in an additional envelope.  No
proposal will be considered unless received at the place specified in
the advertisement before the time specified for opening all bids. 
Proposals received after the bid opening time shall be returned to the
bidder unopened.

**20-11 WITHDRAWAL OR REVISION OF PROPOSALS**.  A bidder may withdraw or
revise (by withdrawal of one proposal and submission of another) a
proposal provided that the bidder\'s request for withdrawal is received
by the Owner in writing or by telegram before the time specified for
opening bids.  Revised proposals must be received at the place specified
in the advertisement before the time specified for opening all bids.

**20-12 PUBLIC OPENING OF PROPOSALS**.  Proposals shall be opened, and
read, publicly at the time and place specified in the advertisement. 
Bidders, their authorized agents, and other interested persons are
invited to attend. Proposals that have been withdrawn (by written or
telegraphic request) or received after the time specified for opening
bids shall be returned to the bidder unopened.

**20-13 DISQUALIFICATION OF BIDDERS**.  A bidder shall be considered
disqualified for any of the following reasons:

**a.**  Submitting more than one proposal from the same partnership,
firm, or corporation under the same or different name.

**b.**  Evidence of collusion among bidders.  Bidders participating in
such collusion shall be disqualified as bidders for any future work of
the Owner until any such participating bidder has been reinstated by the
Owner as a qualified bidder.

**c.**  If the bidder is considered to be in \`\`default\'\' for any
reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of
this section.

**END OF SECTION 20**