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i. The Bidder fails to submit written confirmation from each UDBE firm listed on theIi <br /> 2 Bidder's completed UDBE Utilization Certification that they are in agreement with <br /> 3 the bidder's UDBE participation commitment, if applicable, as required in Section 1- <br /> 4 02.6, or if the written confirmation that is submitted fails to meet the requirements <br /> I5 of the Special Provisions; <br /> 6 j The Bidder fails to submit UDBE Good Faith Effort documentation, if applicable, as <br /> 7 required in Section 1-02.6, or if the documentation that is submitted fails to <br /> I <br /> 8 demonstrate that a Good Faith Effort to meet the Condition of Award was made; <br /> 9 k. The Bid Proposal does not constitute a definite and unqualified offer to meet the <br /> 10 material terms of the Bid invitation; or <br /> Ii 1 I. More than one Proposal is submitted for the same project from a Bidder under the <br /> 12 same or different names. <br /> 13 <br /> I 14 2. A Proposal may be considered irregular and may be rejected if: <br /> 15 a. The Proposal does not include a unit price for every Bid item; <br /> 16 b. Any of the unit prices are excessively unbalanced (either above or below the amount <br /> I 17 of a reasonable Bid)to the potential detriment of the Contracting Agency; <br /> 18 c. Receipt of Addenda is not acknowledged; <br /> 19 d. A member of a joint venture or partnership and the joint venture or partnership <br /> I 20 submit Proposals for the same project (in such an instance, both Bids may be <br /> 21 rejected); or <br /> 22 e. If Proposal form entries are not made in ink. <br /> 23 <br /> I <br /> 24 <br /> 25 1-02.14 Disqualification of Bidders <br /> I 26 (May 17, 2018 APWA GSP, Option A) <br /> 27 <br /> 28 Delete this section and replace it with the following: <br /> 29 <br /> I30 A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder <br /> 31 responsibility criteria in RCW 39.04.350(1), as amended. <br /> 32 <br /> 33 The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility <br /> 34 criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the <br /> 35 right to request documentation as needed from the Bidder and third parties concerning the <br /> I <br /> 36 Bidder's compliance with the mandatory bidder responsibility criteria. <br /> 37 <br /> 38 If the Contracting Agency determines the Bidder does not meet the mandatory bidder <br /> I <br /> 39 responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the <br /> 40 Contracting Agency shall notify the Bidder in writing,with the reasons for its determination. If the <br /> 41 Bidder disagrees with this determination, it may appeal the determination within two (2) business <br /> I <br /> 42 <br /> 43 days of the Contracting Agency's determination by presenting its appeal and any additional <br /> information to the Contracting Agency. The Contracting Agency will consider the appeal and any <br /> 44 additional information before issuing its final determination. If the final determination affirms that <br /> I 45 the Bidder is not responsible, the Contracting Agency will not execute a contract with any other <br /> 46 Bidder until at least two business days after the Bidder determined to be not responsible has <br /> 47 received the Contracting Agency's final determination. <br /> 1 48 <br /> iCITY OF EVERETT SPECIAL PROVISIONS <br /> PACIFIC AVENUE TO INTERURBAN TRAIL BICYCLE SAFETY PROJECT 8/12/2019 <br /> I <br /> STATE FUND#HLP PB17(014);COE WO#PW3688 Page SP-9 <br />