Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7401 - Contract Administration › Chapter 01000 - Bidding Rules › Purpose › Section 37-1-7401-01000-101

Current through June 25, 2024
These rules apply to the competitive bidding process for
						projects administered by the Mississippi Department of Transportation Contract
						Administration Division from Advertising of the project to Execution of the
						contract. These rules relative to the
Federal Highway Administration's
						Program Administration Contract Administration Core Curriculum Participant's
						Manual and Reference Guide as amended, The Mississippi Standard Specifications
						For Road and Bridge Construction as amended, The Mississippi Code of 1972 as
						amended, the Code of Federal Regulations as amended and Title 23 of the United
						States Code as amended
will be adhered to at all times. Sections and
						Laws noted are not all inclusive. When reference is made to a regulation,
						specification or code, such means the latest version of such.
1.
Method of Construction
-
					 actual construction work shall be performed by contract awarded by competitive
					 bidding; unless as provided in Title 23 Sec. 635.104 of the
Code of
					 Federal Regulations as amended.
2.
Advertising/Notice to
					 Contractors
- the rule conforms to Sec. 102.001
Mississippi
					 Standard Specifications for Road and Bridge Construction,
Sections
					 31-7-13,
					 subsection (c)(i) and 65-1-85 of the
Mississippi Code of 1972 as
					 amended,
Title 23 Sec. 635.112 of the
Code of Federal
					 Regulations as amended
and as noted in the
Federal Highway
					 Administration's Program Administration Contract Administration Core Curriculum
					 Participant's Manual and Reference Guide Section III.
(As applicable)
3.
Prequalification of
					 Bidders
- the rule conforms to Sec. 102.01
Mississippi Standard
					 Specifications for Road and Bridge Construction, as amended,
and Title
					 23 Sec. 635.110 of the
Code of Federal Regulations as amended;
and Section
					 65-1-85
					 of the
Mississippi Code of 1972 as amended.
4.
Proposal Sales and/or
					 Distribution
- Proposals may be viewed and downloaded at no cost at
http://mdot.ms.gov
, or purchased
					 according to terminology in the advertisement for each project. Sections 102.02
					 and 102.03 of the
Mississippi Standard Specifications for Road and
					 Bridge Construction, as amended,
are to be noted for this
					 rule.
5.
Addenda to
					 Proposal
- the rule conforms to Sec. 102.06 and Sec. 102.07 subsection
					 (e) of the
Mississippi Standard Specifications For Road and Bridge
					 Construction, as amended,
Section
					 31-7-13,
					 subsection (c) (ii) of the
Mississippi Code of 1972 as
					 amended,
Title 23 Sec. 635.112 of the
Code of Federal
					 Regulations as amended
and as noted in the
Federal Highway
					 Administration's Program Administration Contract Administration Core Curriculum
					 Participant's Manual and Reference Guide Section III.
Contractors who
					 have been approved to bid will be notified electronically of any addenda issued
					 prior to the letting date. The contractor will need to apply the electronic
					 addenda to the bid file.
6.
Letting Process
- the rule conforms to Sec. 102
Mississippi Standard Specifications For Road and Bridge Construction as
					 amended,
Sec. 31-3-21
of the Mississippi Code of 1972 as
					 amended
and Title 23 Sec. 635.113
Code of Federal Regulation
					 as amended.
Bids are received in accordance with the terminology noted
					 in the advertisement/Notice to Contractors. Bids are read in accordance with
Mississippi Transportation Commission Order dated 12-5-2002, found at
					 Minute Book 9, Page 1225 of the Official Minutes of the Mississippi
					 Transportation Commission (opening and reading construction bids
					 publicly)
and Title 23 Section 635.113
Code of Federal
					 Regulations as amended,
however, irregularities (some noted in Sec.
					 102.07
Mississippi Standard Specifications For Road and Bridge
					 Construction, as amended
and Title 23 Sec. 635.113
Code of
					 Federal Regulations as amended
and as noted in the
Federal
					 Highway Administration's Program Administration Contract Administration Core
					 Curriculum Participant's Manual and Reference Guide Section IIP)
in
					 the bid submitted by the contractor may result in the bid submission being
					 rejected. To avoid irregular bids, contractors should comply with the Bidder
					 Check List in the bid file. Bid Bonds are required in accordance with Sec.
					 102.08 of
the Mississippi Standard Specifications for Road and Bridge
					 Construction, as amended.
7.
Award and Execution of
					 Contract
- the rule conforms to Sec. 103 of
the Mississippi
					 Standard Specifications for Road and Bridge Construction as amended,
Sections
					 31-7-13
					 & 65-1-85 of
the Mississippi Code as amended
and Title 23
					 Sec. 635.114
Code of Federal Regulations,
and Title 23 Section
					 112
United States Code as amended
and as noted in
the
					 Federal Highway Administration's Program Administration Contract Administration
					 Core Curriculum Participant's Manual and Reference Guide Section III.
Generally, awards are made at the first Commission meeting after the bid
					 opening; however, concurrence in award is a prerequisite to Federal
					 participation of Federal-aid contracts in construction costs and is considered
					 as authority to proceed with construction, unless specifically stated
					 otherwise. Once the Commission makes the award and concurrence from Federal
					 Highway Administration (if required) is obtained, the department will mail
					 notification of award. The Contractor receiving the award will receive other
					 documentation that is required to be executed and submitted back to the
					 department to analyze for completeness before a Notice to Proceed with
					 construction can be issued. If the documentation submitted back to the
					 department is appropriate and accurate, the contract will be executed by the
					 Executive Director, which is what actually makes it a valid contract and the
					 Contractor will be issued a Notice to Proceed with construction. Section 103.08
					 and 108.02
of the Mississippi Standard Specifications for Road and
					 Bridge Construction as amended,
explains the consequences for the
					 contractor failing to execute and return said documents.