181-26 Exhibit A- Final Specifications_compressed.pdf

102.13.01 BIDDER PRE-AWARD REQUIREMENTS THIS SUBSECTION IS DELETED IN ITS ENTIRETY. 102.15 DISQUALIFICATION OF BIDDERS THE SECOND PARAGRAPH IS CHANGED TO: The Department will disqualify a Bidder and reject a bid submitted by that Bidder if the Bidder is determined by the Department to lack responsibility. Factors demonstrating a lack of responsibility include, but are not limited to: 1. Evidence of collusion among Bidders. 2. Uncompleted work, which in the opinion of the Department, might hinder or prevent completion of additional work if awarded. 3. Failure to submit at time of bid or within 5 days of bid opening, a completed and signed CR-266 – Schedule of Disadvantaged Business Enterprise/Emerging Small Business Enterprise/Small Business Enterprise Participation. 4. Failure to submit within 5 days of bid opening, proof of documented evidence of good faith efforts to meet the Contract goal, if the Bidder fails to meet the Contract DBE, ESBE or SBE goal. 5. Failure to submit within 5 days of bid opening, a completed and signed Confirmation of DBE/ESBE/SBE Firm (Form CR-273) for each DBE/ESBE/SBE firm listed on the CR-266. The Bidder shall not complete any portion of the CR-273 form. 6. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Trucking Verification (Form CR-274) for each DBE/ESBE/SBE firm listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-274 form. 7. Failure to submit within 5 days of bid opening, a completed and signed DBE/ESBE/SBE Regular Dealer/Supplier Verification (Form CR-272) for each DBE/ESBE/SBE Regular Dealer/Supplier listed on the CR-266, if applicable. The Bidder shall not complete any portion of the CR-272 form. 8. Failure of the Bidder to meet the Contract DBE, ESBE, or SBE goal as determined by the DCR/AA, or make adequate good faith efforts to do so. 9. Failure of the Bidder to acknowledge that the prevailing wage rate is accounted for in their bid pricing and that the Bidder agrees to pay the prevailing wage rate, if awarded the Contract, for Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, 10. Submission of a materially unbalanced bid. A materially unbalanced bid is a

rded the Contract, for Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, 10. Submission of a materially unbalanced bid. A materially unbalanced bid is a bid where there is a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the Department. 11. Lack of competency or lack of adequate machinery, plant, or other equipment. 12. Unsatisfactory performance on previous or current contracts. 13. Questionable moral integrity as determined by the Attorney General of New Jersey or the Department. 14. Any other outward actions or lack of action that demonstrates the Bidder is not responsible. 15. Disqualification, suspension, or debarment of an individual, firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 for state projects. 16. Disqualification, suspension, or debarment of an individual firm, partnership, corporation, joint venture, or any combination as required by N.J.A.C. 16:44-11.1 or Federal Government’s System for Award Management (SAM), located at https://www.sam.gov/SAM/ for federally assisted contracts. 17. If the bidder is Federally debarred pursuant to N.J.S.A. 52:32-44.1 THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH: 18. The Bidder is listed on the Workplace Accountability in Labor List (WALL), prohibiting the Bidder from public contracting under N.J.S.A. 34:1A-1.16, the law establishing the WALL. HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 8 of 76