**Section 00100**

**Instructions to Bidders**

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings
indicated in the General Conditions and Supplementary Conditions.
Additional terms used in these Instructions to Bidders have the meanings
indicated below which are applicable to both the singular and plural
thereof:

A. Bidder\--The individual or entity who submits a Bid directly to
OWNER.

B. Issuing Office\--The office from which the Bidding Documents are to
be issued and where the bidding procedures are to be administered.

C. Successful Bidder\--The lowest responsible Bidder submitting a
responsive Bid to whom OWNER (on the basis of OWNER's evaluations as
hereinafter provided) makes an award.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the
deposit sum, if any, stated in the Advertisement or Invitation to Bid
may be obtained from the Issuing Office. The deposit will be refunded to
each document holder of record who returns a complete set of Bidding
Documents in good condition within 10 days after opening of Bids.

2.02 Complete sets of Bidding Documents must be used in preparing Bids;
neither OWNER nor ENGINEER assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.

2.03 OWNER and ENGINEER in making copies of Bidding Documents available
on the above terms do so only for the purpose of obtaining Bids for the
Work and do not confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder's qualifications to perform the Work prior to
award, within five days of OWNER's request, Bidder shall submit written
evidence such as financial data, previous experience, present
commitments, and such other data as may be called for below:

*{A. The CONTRACTOR shall not award Work to Subcontractor(s) in excess
of 50% of the Contract Price, without prior written approval of the
OWNER.}*

*{B. .}*

*{C. .}*

*{D. .}*

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND
SITE

4.01 Subsurface and Physical Conditions

> A. The Supplementary Conditions identify:
>
> 1\. Those reports of explorations and tests of subsurface conditions
> at or contiguous to the Site that Engineer has used in preparing the
> Bidding Documents.
>
> 2\. Those drawings of physical conditions in or relating to existing
> surface and subsurface structures at or contiguous to the Site (except
> Underground Facilities) that ENGINEER has used in preparing the
> Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.01.A will be
made available by OWNER to any Bidder on request. Those reports and
drawings are not part of the Contract Documents, but the "technical
data" contained therein upon which Bidder is entitled to rely as
provided in paragraph 4.02 of the General Conditions has been identified
and established in paragraph 4.02 of the Supplementary Conditions.
Bidder is responsible for any interpretation or conclusion Bidder draws
from any "technical data" or any other data, interpretations, opinions,
or information contained in such reports or shown or indicated in such
drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with
respect to existing Underground Facilities at or contiguous to the Site
is based upon information and data furnished to OWNER and ENGINEER by
owners of such Underground Facilities, including OWNER, or other.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings
relating to a Hazardous Environmental Condition identified at the Site,
if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be
made available by OWNER to any Bidder on request. Those reports and
drawings are not part of the Contract Documents, but the "technical
data" contained therein upon which Bidder is entitled to rely as
provided in paragraph 4.06 of the General Conditions has been identified
and established in paragraph 4.06 of the Supplementary Conditions.
Bidder is responsible for any interpretation or conclusion Bidder draws
from any "technical data" or any other data, interpretations, opinions,
or information contained in such reports or shown or indicated in such
drawings.

4.04 Provisions concerning responsibilities for the adequacy of data
furnished to prospective Bidders with respect to subsurface conditions,
other physical conditions and Underground Facilities, and possible
changes in the Bidding Documents due to differing or unanticipated
conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General
Conditions. Provisions concerning responsibilities for the adequacy of
data furnished to prospective Bidders with respect to a Hazardous
Environmental Condition at the Site, if any, and possible changes in the
Contract Documents due to any Hazardous Environmental Condition
uncovered or revealed at the Site which was not shown or indicated in
the Drawings or Specifications or identified in the Contract Documents
to be within the scope of the Work appear in paragraph 4.06 of the
General Conditions.

4.05 On request, OWNER will provide Bidder access to the Site to conduct
such examinations, investigations, explorations, tests, and studies as
Bidder deems necessary for submission of a Bid. Bidder shall fill all
holes and clean up and restore the Site to its former condition upon
completion of such explorations, investigations, tests, and studies.

4.06 Reference is made to Article 7 of the Supplementary Conditions for
the identification of the general nature of other work that is to be
performed at the Site by OWNER or others (such as utilities and other
prime contractors) that relates to the Work for which a Bid is to be
submitted. On request, OWNER will provide to each Bidder for examination
access to or copies of Contract Documents (other than portions thereof
related to price) for such other work.

4.07 It is responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, including any
Addenda and the other related data identified in the Bidding Documents;

B. Visit the Site and become familiar with and satisfy Bidder as to the
general, local, and Site conditions that may affect cost, progress, and
performance of the Work;

C. Become familiar with and satisfy Bidder as to all Federal, State, and
local Laws and Regulations that may affect cost, progress, or
performance of the Work;

D. Carefully study all reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures
at or contiguous to the Site (except Underground Facilities) which have
been identified in the Supplementary Conditions as provided in paragraph
4.02 of the General Conditions, and carefully study all reports and
drawings of a Hazardous Environmental Condition, if any, at the Site
which have been identified in the Supplementary Conditions as provided
in paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or assume responsibility for doing so)
all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which
relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, including any
specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, and safety
precautions and programs incident thereto;

F. Agree at the time of submitting its Bid that no further examinations,
investigations, explorations, tests, studies, or data are necessary for
the determination of its Bid for performance of the Work at the price
bid and within the times and in accordance with the other terms and
conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by
OWNER and others at the Site that relates to the Work as indicated in
the Bidding Documents;

H. Correlate the information known to Bidder, information and
observations obtained from visits to the Site, reports and drawings
identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding
Documents;

I. Promptly give ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder discovers in the Bidding
Documents and confirm that the written resolution thereof by ENGINEER is
acceptable to Bidder; and

J. Determine that the Bidding Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for the
performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Bidding Documents and
applying any specific means, methods, techniques, sequences, and
procedures of construction that may be shown or indicated or expressly
required by the Bidding Documents, that Bidder has given ENGINEER
written notice of all conflicts, errors, ambiguities, and discrepancies
that Bidder has discovered in Bidding Documents and the written
resolutions thereof by ENGINEER are acceptable to Bidder, and that the
Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing
the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 A *{mandatory}* pre-Bid conference will be held at *{ }
{a.m.}{p.m.} on { .}* Representatives of OWNER and ENGINEER will be
present to discuss the Project. *{Bidders are encouraged to attend and
participate in the conference.}*

ENGINEER will transmit to all prospective Bidders of record such Addenda
as ENGINEER considers necessary in response to questions arising at the
conference. Oral statements may not be relied upon and will not be
binding or legally effective.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional
lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by CONTRACTOR.
Easement for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by OWNER unless otherwise
provided in the Bidding Documents.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents
are to be submitted to ENGINEER in writing. Interpretations or
clarifications considered necessary by ENGINEER in response to such
questions will be issued by Addenda mailed or delivered to all parties
recorded by ENGINEER as having received the Bidding Documents. Questions
received less than ten days prior to the date for opening of Bids may
not be answered. Only questions answered by Addenda will be binding.
Oral and other interpretations or clarifications will be without legal
effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding
Documents as deemed advisable by OWNER or ENGINEER.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in
an amount of 5 % of Bidder's *{maximum}* Bid price and in the form of a
certified or bank check or a Bid Bond (EJCDC No. 1910-28-C, 1996
Edition) issued by a surety meeting the requirements of paragraphs 5.01
and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until
such Bidder has executed the Contract Documents, furnished the required
contract security and met the other conditions of the Notice of Award,
whereupon the Bid security will be returned. If the Successful Bidder
fails to execute and deliver the Contract Documents and furnish the
required contract security within 15 days after the Notice of Award,
OWNER may annul the Notice of Award and the Bid security of that Bidder
will be Forfeited. The Bid security of other Bidders whom OWNER believes
to have a reasonable chance of receiving the award may be retained by
OWNER until the earlier of seven days after the Effective Date of the
Agreement or 61 days after the Bid opening, whereupon Bid security
furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a
reasonable chance of receiving the award will be returned within *seven*
days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is
to be (a) Substantially Completed and (b) also completed and ready for
final payment are set forth in the Agreement.

ARTICLE 10 -LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the
Agreement.

ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and
equipment specified or described in the Bidding Documents, or "or-equal"
materials and equipment as defined in paragraph 6.05 of the General
Conditions, or those substitute or materials and equipment approved by
the ENGINEER and identified by Addendum. The materials and equipment
described in the Bidding Documents establish a standard of required
type, function and quality to be met by any proposed substitute or
"or-equal" item. Request for ENGINEER's clarification of materials and
equipment considered "or equal" must be received by the ENGINEER at
least 10 days prior to the date for receipt of Bids. No item of material
or equipment will be considered by ENGINEER as a substitute unless
written request for approval has been submitted by Bidder and has been
received by ENGINEER at least 15 days prior to the date for receipt of
Bids. Each request shall conform to the requirements of paragraph 6.05
of the General Conditions. The burden of proof of the merit of the
proposed item is upon the Bidder. ENGINEER's decision of approval or
disapproval of a proposed item will be final. If ENGINEER approves any
proposed substitute item, such approval will be set forth in an Addendum
issued to all prospective Bidders. Bidders shall not rely upon approvals
made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers, individuals, or entities to be submitted to
OWNER in advance of a specified date prior to the Effective Date of the
Agreement, the apparent Successful Bidder, and any other Bidder so
requested, shall within five days after Bid opening, submit to OWNER a
list of all such Subcontractors, Suppliers, individuals, or entities
proposed for those portions of the Work for which such identification is
required. Such list shall be accompanied by an experience statement with
pertinent information regarding similar projects and other evidence of
qualification for each such Subcontractor, Supplier, individual, or
entity if requested by OWNER. IF OWNER or ENGINEER, after due
investigation, has reasonable objection to any proposed Subcontractor,
Supplier, individual, or entity, OWNER may, before the Notice of Award
is given, request apparent Successful Bidder to submit a substitute,
without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such
substitution, OWNER may determine such Bidder to be nonresponsive and
reject the Bid. Declining to make requested substitutions will not
constitute grounds for forfeiture of the Bid security of any Bidder. Any
Subcontractor, Supplier, individual, or entity so listed and against
which OWNER and ENGINEER makes no written objection prior to the giving
of the Notice of Award will be deemed acceptable to OWNER and ENGINEER
subject to revocation of such acceptance after the Effective Date of the
Agreement as provided in paragraph 6.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor,
Supplier, individual, or entity against whom CONTRACTOR has reasonable
objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents. Additional
copies may be obtained from ENGINEER.

13.02 All blanks on the Bid form shall be completed by printing in ink
or by typewriter and the Bid signed. A Bid price shall be indicated for
each *{section, Bid item, alternative, adjustment unit price item, and
unit price item}* listed therein, or the words "No Bid," "No Change," or
"Not Applicable" entered.

13.03 A Bid by a corporation shall be executed in the corporate name by
the president or a vice-president or other corporate officer accompanied
by evidence of authority to sign. If required by State where work is to
be performed, the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name
and signed by a partner (whose title must appear under the signature),
accompanied by evidence of authority to sign. The official address of
the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name
of the firm by a member and accompanied by evidence of authority to
sign. The state of formation of the firm and the official address of the
firm must be shown below the signature.

13.06 A Bid by an individual shall show the Bidder's name and official
address.

13.07 A Bid by a joint venture shall be executed by each joint venturer
in the manner indicated on the Bid form. The official address of the
joint venture must be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda,
the numbers of which shall be filled in on the Bid form.

13.10 The address and telephone number for communication regarding the
Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder's authority and
qualification to do business in the state where the Project is located
or covenant to obtain such qualification prior to award of the Contract.

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

*{Owner and Engineer must choose the applicable items under this article
and delete the remaining paragraphs.}*

14.01 Lump Sum

A. Bidders shall submit a Bid on lump sum basis as set forth in the Bid
form.

*{or}*

A. Bidders shall submit a Bid on a lump sum basis for the base Bid *{and
include a separate price for each alternate described in the Bidding
Documents as provided in the Bid form. The price for each alternate will
be the amount added to the base Bid if the OWNER selects the alternate.
In the evaluation of Bids, alternates will be applied in the same order
as listed in the Bid form.}*

*{or}*

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of
Work listed in the Bid schedule.

B. The total of all estimated prices will be determined as the sum of
the products of the estimated quantity of each item and the unit price
Bid for the item. The final quantities and Contract Price will be
determined in accordance with paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum. Discrepancies
between words and figures will be resolved in favor of the words.

ARTICLE 15 - SUBMITTAL OF BID

15.01 Each prospective Bidder is furnished one copy of the Bidding
Documents with one separate unbound copy each of the Bid form, and the
Bid Bond form. The unbound copy of the Bid form is to be completed and
submitted with the Bid security and the following data:

A. For all contracts funded in whole or in part by USDA, Rural
Development, Rural Utilities Service:

i\. If Bid amount exceeds \$10,000, signed Compliance Statement (RD
400-6). Refer to specific equal opportunity requirements set forth in
paragraph 18.10 of the General Conditions.

ii\. If Bid amount exceeds \$25,000, signed Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions (AD-1048)

iii\. If Bid amount exceeds \$100,000, signed RD Instruction 1940-Q,
Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to
paragraph 18.11 of the General Conditions.

iv\. No preference shall be given to Wyoming Resident Contractors.

*{B. For all contracts which receive no USDA Rural Development, Rural
Utilities Service funds, Wyoming residents shall provide a State of
Wyoming Certificate of residency.}*

*{C. .}*

*{D. .}*

*{E. .}*

15.02 A Bid shall be submitted no later than the date and time
prescribed and at the place indicated in the Advertisement to Bid and
shall be enclosed in an opaque sealed envelope plainly marked with the
Project title (and, if applicable, the designated portion of the Project
for which the Bid is submitted), the name and address of Bidder, and
shall be accompanied by the Bid security and other required documents.
If a Bid is sent by mail or other delivery system, the sealed envelope
containing the Bid shall be enclosed in a separate envelope plainly
marked on the outside with the notation "BID ENCLOSED." A mailed Bid
shall be addressed to: *{the OWNER as noted in the Advertisement For
Bids} {or}{ }* .

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed and delivered to the
place where Bids are to be submitted prior to the date and time for the
opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly
signed written notice with OWNER and promptly thereafter demonstrates to
the reasonable satisfaction of OWNER that there was a material and
substantial mistake in the preparation of its Bid, that Bidder may
withdraw its Bid, and the Bid security will be returned. Thereafter, if
the Work is rebid or negotiated, that Bidder will be disqualified from
further bidding on the Work.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the
Advertisement for Bids and, unless obviously non-responsive, read aloud
publicly. An abstract of the amounts of the base Bids and major
alternates, if any, will be made available to Bidders after the opening
of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time
stated in the Bid form, but OWNER may, in its sole discretion, release
any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any or all Bids, including
without limitation, nonconforming, nonresponsive, unbalanced, or
conditional Bids. OWNER further reserves the right to reject the Bid of
any Bidder whom it finds, after reasonable inquiry and evaluation, to be
non-responsible. OWNER also reserves the right to waive all
informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity
under the same or different names will not be considered. Reasonable
grounds for believing that any Bidder has an interest in more than one
Bid for the Work may be cause for disqualification of that Bidder and
the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, OWNER will consider whether or not the Bids
comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to
the Notice of Award.

19.04 In evaluating Bidders, OWNER will consider the qualifications of
Bidders and may consider the qualifications and experience of
Subcontractors, Suppliers, and other individuals or entities proposed
for those portions of the Work for which the identity of Subcontractors,
Suppliers, and other individuals or entities must be submitted as
provided in the Supplementary Conditions.

19.05 OWNER may conduct such investigations as OWNER deems necessary to
establish the responsibility, qualifications, and financial ability of
Bidders, proposed Subcontractors, Suppliers, individuals, or entities to
perform the Work in accordance with the contract Documents.

19.06 If the Contract is to be awarded, OWNER will award the Contract to
the responsible Bidder whose Bid, conforming with all the material terms
and conditions of the Instructions to Bidders and the Advertisement for
Bids, is lowest, price and other factors considered.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the
Supplementary Conditions, sets forth OWNER's requirements as to
performance Bond, payment Bond, and insurance. When the Successful
Bidder delivers the executed Agreement to OWNER, it must be accompanied
by such Bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it
shall be accompanied by the required number of unsigned counterparts of
the Agreement with the other contract Documents which are identified in
the Agreement as attached thereto. Within 15 days thereafter, Successful
Bidder shall sign and deliver the required number of counterparts of the
Agreement and attached documents to OWNER. Within *{ten}* days
thereafter, OWNER shall deliver one fully signed counterpart to
Successful Bidder with a complete set of the Drawings with appropriate
identification.

21.02 This Contract is expected to be funded in part with funds provided
by the United States Department of Agriculture, Rural Utilities Service
(RUS). Refer to Article 18 of the General Conditions for information on
the Federal Requirements.

21.03 Concurrence by RUS in the award of the Contract is required before
the Contract is effective.

ARTICLE 22 - WYOMING STATUTORY REQUIREMENTS

23.01 The Work under this contract is subject to the provisions of State
of Wyoming statutes.

END OF SECTION 00100