Section Adm 21.08 - Rejection of bids(1) The department shall reject any bid which evidences any of the following conditions:(a) The base bid amount(s) and alternate bid(s) amounts as requested in the specifications have not been entered on the bid form.(b) The bid form has not been signed by the bidder.(c) The bid guarantee has not accompanied the bid form.(d) Receipt of an addendum applicable to the award of contract has not been acknowledged on the bid form.(e) The bid form has been altered or changed in such a way that it incorporates unsolicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of the unsolicited material in determining the award of contract.(f) The bid is submitted by a bidder who, through investigation, is found not to be qualified or responsible within the definition of these rules, s. Adm 21.02(8) (b) and (c).(2) The department may reject any bid if the included documents have any of the following informalities, unless such informalities are waived by the department and corrected by the bidder within 3 working days from date and time of bidder notification: (a) Submittal of bid bond on a form other than that contained in the specification volume.(b) No power of attorney submitted with bid bond.(c) Date of power of attorney precedes date of bid bond.(d) Bonding company is not licensed to do business in Wisconsin.(e) Failure to submit an affidavit, affirming that bidder is not guilty of collusion or fraud with regard to bid submittal.(f) Failure to submit any other document which is specifically requested in the specifications to be submitted with the bid form, acceptance of which would not constitute a correction or alteration of the bid.(3) The department may reject all low bids constituting the total lowest construction cost when such amount exceeds the authorized funds available.(4) The department reserves the right to reject any or all bids, if in the opinion of the department the best interest of the state will be served.(5) Rejection of either a combined bid or the separate bids which correspond to the combined bid, as submitted by the bidder, shall not invalidate the other.(6) The reason(s) for rejection of a bid, if due to any of the conditions stated in this section, shall be sent to the bidder in writing within 30 calendar days after the date of bid opening.(7) The department, with the approval of the attorney general, may settle or dispose of cases or issues arising out of errors, omissions, or mistakes contained in a bid which result in the bidder giving written notice of the bidder's intent not to execute the contract. However, if no such settlement is obtained, the bidder is not entitled to recover the bid guarantee unless the bidder proves in circuit court for Dane county that in making the mistake, error or omission the bidder was free from negligence.Wis. Admin. Code Department of Administration § Adm 21.08
Cr. Register, March, 1979, No. 279, eff. 4-1-79; CR 08-025: am. (1) (intro.), (f), (2) (intro.), (3), (4) and (7) Register August 2010 No. 656, eff. 9-1-10.