Statutes, codes, and regulations
Colorado Administrative Code
Department 600 - Department of TransportationDivision 601 - Transportation Commission and Office of Transportation SafetyRule 2 CCR 601-10 - RULES GOVERNING CONSTRUCTION BIDDING FOR CDOT PUBLIC PROJECTS
Chapter 4 - COMPETITIVE SEALED BIDDING
Section 2 CCR 601-10-4.17 - Determination of Non-responsiveness

2 Colo. Code Regs. § 601-10-4.17

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-4.17 - Determination of Non-responsiveness
4.17.1 Prior to Award of the Contract CDOT shall review the Low Apparent Bidder's Bid submittals to ensure that they conform to the terms and conditions as specified in the Bid documents and that they are free of irregularities. Reasons for Determination of Non-responsiveness may include but are not limited to:
(a) If there are unauthorized additions, conditional or alternate Bids, or irregularities of any kind which may tend to make the Bid incomplete, indefinite, or ambiguous as to its meaning.
(b) If the Bid does not contain a (positive and non-zero) unit price for each Pay Item listed except in the case of authorized alternative Pay Items, the mathematical products of the respective unit prices and the estimated quantities, and the total amount of the Bid obtained by adding such mathematical products.
(c) If the Low Apparent Bidder has submitted a Bid that is determined by CDOT to be a Materially Unbalanced Bid.
4.17.2 In the event that individual unit prices in a particular Bid are deemed by CDOT to be Mathematically Unbalanced Bids, the Contractor will be allowed to furnish any records or explanations which indicate how the prices for those items were established before a determination is made by CDOT that the Bid is a Materially Unbalanced Bid.
4.17.3 If in the estimation of CDOT the Low Apparent Bidder's submission is not responsive, the Low Apparent Bidder shall be afforded an opportunity to promptly supply information on the issue.
4.17.4 If the Low Apparent Bidder fails to promptly provide the information requested or if the information provided does not resolve the issue, CDOT may issue a determination of non-responsiveness and pursue Award of the Contract to the next lowest responsive Bidder.
4.17.5 Any such determination of non-responsiveness may, in itself, have an effect on the Low Apparent Bidder's eligibility to submit Bids or be Awarded Contracts on other projects.

2 CCR 601-10-4.17

41 CR 17, September 10, 2018, effective 9/30/2018