Section 409-1-002 - REQUIREMENTS FOR BIDDERS ON CONTRACTS AWARDED BY THE DEPARTMENT002.01PREQUALIFICATION OF BIDDERS002.01A All persons, (any individual, co-partnership, association, corporation or joint stock company) proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges and their appurtenances to be let by the Department shall submit a statement showing his/her experience, equipment, and financial condition; except that such statement shall not be required for contracts for repair and maintenance where the estimate of the Engineer for such repair and maintenance is less than twenty-five hundred dollars, or of an emergency nature. Such statement shall be under oath and on a form to be provided by the Department and shall be submitted not later than ten days before the letting of the Contract or Contracts. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization, prior experience, and such other pertinent and material facts as may be desirable. The Department may require additional information at any time. The statements of bidder's experience, equipment, and financial condition will not be retained in the active file of qualified bidders after the financial condition shown is of a date fifteen months prior. Any person whose qualification will expire on or before the date of a letting must submit a new statement and request to be qualified at least ten days before the letting at which he/she desires to bid. Any person who desires a change in his/her qualification must submit a new statement or a request in writing at least ten days before the letting at which the change would be effective. Upon the compliance with all laws and rules and regulations relating thereto, such person will be qualified for the amount and class of work to which he/she is entitled. All information furnished the Department shall be confidential.002.01B The financial showing required in such statement shall be certified by a public accountant holding a currently valid permit from the Nebraska Board of Public Accountancy or by any certified public accountant holding a currently valid permit.002.01C The use of a "Letter of Credit" as an alternate means of showing financial condition will be permitted when the net amount of the "Letter of Credit" does not exceed five hundred thousand dollars. The "Letter of Credit" must be from a licensed or chartered financial institution. The "Letter of Credit" shall be certified by a public accountant holding a currently valid permit from the Nebraska Board of Public Accountancy or by any certified public accountant holding a currently valid permit.002.02QUALIFICATION002.02A Each person will be qualified upon such statement for an amount of work which he/she can perform properly as evidenced by his/her financial statement and supplementing documents, and his/her competency and responsibility as evidenced by the amount, condition, and availability of equipment, experience of personnel, and previous record with this and other awarding authorities.002.02B Each person will be notified of the "maximum qualification" established in his/her case by the Department. The "maximum qualification" established may be increased or decreased at any time if, as determined by the Department, the performance record of the bidder warrants such action.002.02C A new statement may be requested at any time if, in the opinion of the Department, significant changes in the responsibility or financial ability of the person have occurred.002.02D The Department may determine that a bidder is qualified to bid on any one or combination of the following groups of work: | Group Number | Work Class |
| 1 | Grading |
| 2 | Aggregates |
| 3 | Concrete Pavement |
| 4 | Culverts |
| 5 | Landscaping |
| 6 | Bridges |
| 7 | Guard Rail |
| 7b | Fence |
| 8 | Specialty |
| 8a | Building Construction |
| 8b | Electrical |
| 8c | Signing |
| 8d | Painting |
| 8e | Demolition |
| 9 | Bituminous |
| 10 | General (All Classes) |
002.02E Any bidder who desires a change in the class or classes of work for which he/she is qualified to bid must submit a request in writing for such change at least ten days before the letting at which he/she desires to bid with the new classification.002.03DRUG-FREE WORKPLACEThe State of Nebraska requires all bidders on all construction, maintenance, or improvement contracts let by the Department to file a written Drug-Free Workplace Policy with the Department. By signing the bid signature page the bidder certifies that the company is operating under a written Drug-Free Workplace Policy on file with the Department.
002.04EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK002.04A The Department will provide detailed Plans and Specifications. The bidder, before submitting a bid, shall carefully examine: | 002.04A1 | The site of the proposed work. |
| 002.04A2 | The proposal form. |
| 002.04A3 | The Plans. |
| 002.04A4 | The Specifications. |
| 002.04A5 | The Supplemental Specifications. |
| 002.04A6 | The Special Provisions. |
| 002.04A7 | Other required forms. |
| 002.04A8 | The permit conditions. |
| 002.04A9 | The addendums. |
002.04B The submission of a bid is considered conclusive evidence that the bidder made the examinations required in Section 002.04A above and that the bidder is satisfied with and understands the conditions to be encountered in performing the work and other requirements in the Contract.002.05FEDERALLY FUNDED CONTRACTS - EQUAL EMPLOYMENT OPPORTUNITY002.05A Each Contractor and Subcontractor submitting a bid must certify that he/she has or has not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Federal Executive Order 11246, and that he/she has or has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements.002.05B The certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor ( 41 CFR 60- 1.7(b)(1)), and must be submitted by bidders and proposed Subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5. (Generally, only contracts or subcontracts of $10,000 or less are exempt.)002.05C Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Standard Form 100 (EEO-1) must be filed by: 002.05C1 Employers covered by Title VII of the Civil Rights Act of 1964 and employers covered by Federal Executive Order 11246 who have 100 or more employees in the payroll period for which they are reporting, normally any payroll period in December, January, or February preceding the filing of the report.002.05C2 If Standard Form 100 (EEO-1) was not filed because the bidder has less than the 100 employees requirement, it is proper for the bidder to state that he/she has submitted all required compliance reports due.002.05D Bidders who have participated in a previous contract or subcontract subject to the Federal Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such bidder submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.002.06CURRENT QUALIFICATIONEach bidder desiring to bid on work for which prequalification of bidders is required shall submit a request for proposal forms and with such request shall submit, on forms provided by the Department, a complete report of all work then under contract, including subcontracts, and the amount of work not completed on all such contracts. A current qualification based on this statement and the bidder's "maximum qualification" will be established by the Department taking into account the rate of progress which is being made in performing the uncompleted work, the requirements for the performance of the work for which the bidder desires to bid, and any other pertinent information that is available to the Department. This current qualification determines the amount of work for which any person is qualified at the particular letting and for which he/she may be awarded a contract or contracts, except that the Department may use a tolerance of not more than twenty-five percent of a bidder's current qualification and award the contract or contracts in a total amount which does not exceed by more than twenty-five percent the current qualification established by the Department.
002.07AFFIRMATIVE ACTIONThe Department, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation ( 49 CFR, Part 21), issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that the Contract entered into will be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, sex, or national origin.
409 Neb. Admin. Code, ch. 1, § 002