Section 736.15. Rejection of bids.

 

(1)  The department shall reject any bid which evidences any of the following conditions:

(a) The base bid amount and alternate bid 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 whom, through investigation, is found not to be qualified or responsible under s. NR 736.17 (2) .

(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 business days from date and time of bidder notification:

(a) No bid bond was submitted.

(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 may 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 or reasons 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 days after the date of bid opening.

(7)  If a bidder gives prompt written notice that a contract will not be executed due to a mistake, error or omission in the bid, which does not constitute gross negligence, the bid guarantee may be returned by the department.

History: Cr. Register, April, 1994, No. 460 , eff. 5-1-94; CR 12-023 : am. (2) (a) Register October 2013 No. 694 , eff. 11-1-13.