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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP11 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />demonstrate that a Good Faith Effort to meet the Condition of Award in 1 <br />accordance with Section 1-07.11; 2 <br />i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-3 <br />054), if applicable, as required in Section 1-02.6, or if the documentation that 4 <br />is submitted fails to meet the requirements of the Special Provisions; 5 <br />j. The Bidder fails to submit the Bidder Questionnaire (DOT Form 272-022), if 6 <br />applicable as required by Section 1-02.6, or if the documentation that is 7 <br />submitted fails to meet the requirements of the Special Provisions; or 8 <br />k. The Bid Proposal does not constitute a definite and unqualified offer to meet 9 <br />the material terms of the Bid invitation. 10 <br /> 11 <br /> 12 <br />2. A Proposal may be considered irregular and may be rejected if: 13 <br />a. The Proposal does not include a unit price for every Bid item; 14 <br />b. Any of the unit prices are excessively unbalanced (either above or below the 15 <br />amount of a reasonable Bid) to the potential detriment of the Contracting 16 <br />Agency; 17 <br />c. The authorized Proposal Form furnished by the Contracting Agency is not 18 <br />used or is altered; 19 <br />d. The completed Proposal form contains unauthorized additions, deletions, 20 <br />alternate Bids, or conditions; 21 <br />e. Receipt of Addenda is not acknowledged; 22 <br />f. A member of a joint venture or partnership and the joint venture or 23 <br />partnership submit Proposals for the same project (in such an instance, both 24 <br />Bids may be rejected); or 25 <br />g. If Proposal form entries are not made in ink. 26 <br /> 27 <br />1-02.14.Option.A.RTF 28 <br />1-02.14 Disqualification of Bidders 29 <br />(May 17, 2018 APWA GSP, Option A) 30 <br /> 31 <br />Delete this section and replace it with the following: 32 <br /> 33 <br />A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder 34 <br />responsibility criteria in RCW 39.04.350(1), as amended. 35 <br /> 36 <br />The Contracting Agency will verify that the Bidder meets the mandatory bidder 37 <br />responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the 38 <br />Contracting Agency reserves the right to request documentation as needed from the 39 <br />Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder 40 <br />responsibility criteria. 41 <br /> 42 <br />If the Contracting Agency determines the Bidder does not meet the mandatory bidder 43 <br />responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the 44 <br />Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. 45 <br />If the Bidder disagrees with this determination, it may appeal the determination within two 46 <br />(2) business days of the Contracting Agency’s determination by presenting its appeal and 47 <br />any additional information to the Contracting Agency. The Contracting Agency will 48 <br />consider the appeal and any additional information before issuing its final determination. 49 <br />If the final determination affirms that the Bidder is not responsible, the Contracting Agency 50 <br />will not execute a contract with any other Bidder until at least two business days after the 51