Tenn. Comp. R. & Regs. 1680-05-03-.10

Current through December 10, 2024

Section 1680-05-03-.10 - BIDDING, JOINT VENTURES, AND AFFILIATES

In addition to any other provisions pertaining to the submission, opening and acceptance or rejection of bids that are contained in the Department's Standard Specifications for Road and Bridge Construction (and as amended or supplemented), the following bidding requirements are established in these prequalification rules.

(1) Bidding Procedure.

(a) To bid on any project advertised by the Department, the bidder must be prequalified in work classification(s) applicable to the project so as to be able to perform with its own forces at least thirty percent (30%) of the total original contract price (or such other amount of the contract as the proposal may require), including the cost of materials and manufactured products that are to be incorporated into the project but excluding specialty items.

(b) If the work of a project is not among the work classifications previously identified by the Prequalification Office in the prequalification questionnaire or other forms completed by applicants for prequalification, the Department's advertisement may solicit applications for prequalification in one or more new or project-specific work classifications, or the Department may waive prequalification requirements in whole or part.

(c) Unless suspended, debarred or otherwise excluded from participation in Department contracts, a prequalified bidder may request a proposal form or other bidding documents from the Department at any time prior to the opening of bids for the project on which the bidder may be interested in submitting a proposal.

(2) Joint Ventures.

(a) When two or more bidders wish to bid together as a joint venture, each bidder wishing to participate in the joint venture must provide a separate written notice to the Prequalification Office to confirm its intention to bid as a party to the joint venture. Each notice must be signed by an authorized representative of each respective firm. The notices must be received prior to the issuance of a proposal to the joint venture.

(b) Each bidder participating in a joint venture must be separately prequalified by the Department; provided, however, that if the joint venture has been formed as a single business entity for the purpose of bidding on a particular project, the joint venture must apply for prequalification as provided in these rules.

(c) The joint venturers together must be prequalified in work classification(s) applicable to the project so as to be able to perform with their own combined forces at least thirty percent (30%) of the total original contract price (or such other amount of the contract as the proposal may require), including the cost of materials and manufactured products that are to be incorporated into the project but excluding specialty items.

(3) Affiliates. - Affiliates of a bidder are prohibited from submitting separate proposals for contract on the same Department project. The Department will not issue a proposal form to more than one affiliated party on the same project.

(4) Reservation of Right to Reject Bids or Cancel Awards. - In addition to any provision regarding the rejection of bids or cancellation of awards in the Department's Standard Specifications for Road and Bridge Construction (and as amended or supplemented), the Department reserves the right to reject the bid of any bidder or to cancel the award of a contract to any bidder:

(a) Who is not prequalified in the applicable work classification(s) for the project, or whose bid exceeds the limitations of a limited prequalification;

(b) Who is the affiliate of any other bidder on the same project, as determined by the Prequalification Office;

(c) Who has been temporarily disqualified or has had its prequalification revoked as provided in these rules; or

(d) Who has been suspended, debarred, or otherwise excluded under the Department's rules governing contractor debarment and suspension, Chapter 1680-5-1, or under applicable Federal rules governing the suspension and debarment of contractors.

Tenn. Comp. R. & Regs. 1680-05-03-.10

Original rule filed July 18, 2006; effective October 1, 2006.

Authority: T.C.A. §§ 54-5-117 and 4-3-2303.