Bidding Procedure in Illinois
All bidders should procure prequalification before the close of business the day prior bid opening. Application forms are available from CDB offices. Instructions in the application form state the lead times that should be allowed for the determination of responsibility. It is the responsibility of the bidder to submit applications on time. Usually, an applicant should permit at least forty-five calendar days for the processing of an application.
The Department of Human Rights Bidders should be registered by the Illinois Department of Human Rights (DHR) and not be subject to a DHR Order of Noncompliance. Bidders should verify their status with the Secretary of State periodically by contacting the Department of Business Services, Corporation Division with the Secretary of State.
Examination of Bidding Documents & Site
Bidders should properly scrutinize the bidding documents and complete an inspection of the project site to obtain first-hand knowledge of existing conditions. Each bidder must report promptly, in writing, any inconsistencies or flaws that they find in the bidding documents to the A/E prior to bid. Each bidder should inspect the site, and be aware of the local conditions under which the work has to be performed. Bidding Documents include:
- Standard Documents for Construction for Projects with Construction Manager
- Advertisement for Bids
- Bid Forms that include DHR PC-2, MBE/FBE Business Enterprise Participation Form, and Bid Security
- The Project Manual including Supplementary Conditions, List of Drawings, Schedules & Tables, Details, and Specifications
The Standard Documents for Construction for Projects with Construction Manager (SDC-CM) is an essential part of the bidding and contract documents. Bidding documents may be obtained in accordance with the advertisement for bids. Advertisements are published in CDB’s Bid Information Newsletter. Projects can be advertised in newspapers and may be available at commercial plan rooms. CDB reserves the right to cancel all or any part of the bid opening. All plan holders should provide a refundable plan deposit. Non-cash plan deposit programs which are guaranteed by contractor associations are acceptable.
CDB can schedule a pre-bid meeting prior to bid opening. Notice of the time and location will appear in the advertisement for bids. Attendance at pre-bid meeting may be mandatory when specified in the project manual.
Certain project locations, particularly correctional centers, may have restricted access for pre-bid examinations. Each bidder needs to attend the pre-bid conference to examine the site and arrange for any subsequent examinations.
- Bid Form Preparation
- Bid Form. Bids should be submitted on CDB's bid form and the bidder is not allowed to modify the standard bid form or bid bond given by CDB. The bidder should fill in all relevant blank spaces including alternate bids and unit prices in ink or by typewriter only.
- Price Determination. If the amount of the bid is unclear and words and figures are not identical in form, the bid price will be determined by the following:
- the amount shown in words will govern where such words are not ambiguous.
- When amount and the words are ambiguous, the figures will govern.
- When the intention and meaning are not clear; omissions or misspelling of words will not render the words ambiguous.
- When both figures and words are ambiguous, the bid price will be considered indeterminate. Refer to Paragraph 00 51 18.104.22.168.
- By submitting a bid, the Contractor agrees to accept all of CDB’s contract terms. Submittal of conditions or qualifying statements contrary to CDB’s contract terms is unacceptable and unless canceled, the bid will remain unaccepted. The modifications to the bid documents that the contractor plans to implement should be discussed with the A/E prior to bidding and if the A/E deems necessary the documents will be changed by addendum per Paragraph 00 91 00.3. This paragraph does not apply to product substitutions submitted in accordance with Article 00 43 25.
- Bidders are responsible for the delivery of bids during regular business hours to CDB's designated bid receiving office and bid receiving officer. This should be prior to the bid opening time stated in the advertisement for bids.
- Bids should be sealed and properly identified.
- Each bid should be sealed, preferably in the envelope provided with the bidding documents, or in an opaque envelope, including express delivery envelopes. Refer to Paragraph 00 51 20.2.A.3.
- The bid envelope requires to be properly identified on the outside of the sealed envelope for the project and contract or trade being bid. Refer to Paragraph 00 51 20.2.A.4). CDB recommends that the envelope be marked as follows: “BID FOR: (CDB project Number, Project Title, and contractor or trade being bid.).”
- It is also recommended that the envelope indicate the name and address of the bidder in the upper lefthand corner. It should be addressed for direct delivery to the designated CDB bid receiving office. Bidders should not address bid envelopes to the CDB Project Manager.
Changes & Withdrawals
- Modifications :Changes or withdrawal of bids should be made in writing, comprising of telegrams and facsimiles, and must be received by CDB at its bid receiving office before the time stated for the bid opening. Changes should not reveal the bid price, but should render an addition or subtraction so that the final bid price can be determined only after the sealed bid is opened.
- Confirmation :When changes or withdrawals are made by telegram or facsimile, original signed confirmation should be sent to CDB within seven calendar days. It is the responsibility of the bidder to ensure receipt by CDB of any such modification. CDB will not be responsible for external or internal processing of such modifications. It is recommended that the bidder verbally notify, CDB’s bidding officer when a facsimile modifying a bid has been transmitted to CDB. Facsimile documents not in the actual possession of the bidding officer at the time of bid opening will be valid if electronic confirmation printed on the document received shows timely receipt at the CDB office designated for the bid opening.
- Request for Withdrawal after Bid Opening :If a bidder requests a withdrawal of the bid, the bidder must establish, clearly and convincingly, that the bid was founded on a credible error or omission. CDB reviews the evidence provided and make a determination. If CDB finds that the evidence of the mistake is not credible, the request will be denied and the bid will stand. The request may be granted if evidence of the mistake is credible. Other sanctions may include denial of bidding privileges, revocation of responsibility determination, or other appropriate actions.
- Reformation :Changes in or reformation of the bid after the bid opening are not accepted and will not be granted.
Signing Bid Submittal
- Original signatures on bid form and bid security are required. Facsimiles, rubber stamped or photo copied signatures are unacceptable.
- All bid documents require to be signed by a person authorized to bind the business entity to a contract. The legal name of the business entity (sole proprietorship, a corporation, partnership, joint venture, etc.) should be stated. The name and title of the individual signing the documents should be typed or printed below their signature.
- The owner requires signing for a sole proprietorship.
- Corporations should state the complete corporate name on the documents. The documents should be signed by the president or vice-president, and the signature attested to by the corporate secretary, unless the corporation has, by written notice to CDB, authorized representatives to sign the documents.
- One of the authorized partners must sign for a partnership or limited partnership.
- Individuals doing business under an assumed name should sign in the name of the individual, "doing business as... ” (d/b/a/).
- Surety Agreement: The bidder represents that a surety company has agreed to issue bonds required by the contract documents for the work if the bid is accepted by CDB.
Supplemental Bidding Documents
It is mandatory that bids are accompanied by a bid security in the form of a CDB bid bond, certified check, cashier's check or bank draft in the amount of 10% of the base bid.
A bid bond form is provided in the bidding documents and the bidder should render its bid bond on the CDB Form. Bid bonds should contain the original signature in ink of the Contractor, an officer of the surety including a notary statement authenticating signature and an appropriate power of attorney of the surety. Bid bonds should fulfill the requirements of SDC-CM Paragraphs 00 73 17.2 through 00 73 17.8.
Bidders may replace a certified check, cashier's check or bank draft with an acceptable CDB bid bond within seven calendar days subsequent to the bid opening.
Until the awarded Contractor has fulfilled all post award requirements, CDB will retain all bid bonds. Besides, certified/cashier checks and bank drafts will also be retained only for the three lowest responsible and responsive bidders.
If the bidder withdraws its bid within 60 calendar days or any other specified period after the bid opening, or fails to abide by all post award requirements, then the defaulting bidder and its surety have to pay to CDB all costs incurred by CDB for procuring the performance of the work comprising the dollar amount of difference of the defaulting bidder’s bid and the accepted bid if the accepted bid is higher.