Contractors who engage in business with the North Carolina Department of Transportation (NCDOT) must be wary of the laws and regulations governing the standards for performing public works projects like highway construction and repairs. NCDOT’s “Standard Specifications for Roads and Structures” includes sections covering:
- General Requirements
- Pipe Culverts
- Major Structures
- Subgrade, Bases, and Shoulders
- Asphalt Pavements
- Concrete Pavements and Shoulders
- Work Zone Traffic Control
- Pavement Markings, Markers, and Delineation
- Utility Construction
- Erosion Control and Roadside Development
- Signals and Intelligent Transportation Systems
This 829-page document is a lot to get through on your own, fortunately the experienced construction law professionals at our Greensboro construction law firm have handpicked some of the most important subsections from the “General Requirements” section of this extensive document to help you protect your contracting firm’s best interests when supplying labor and materials to an NCDOT project. Starting with Section 102-2(B), which covers purchase order bidder prequalification, we will cover a variety of topics in this two-part series including electronic bid submittal, anti-collusion measures, contractor disqualification, and more.
Section 102-2(B) — Purchase Order Bidder Prequalification
Approved contractors can be added to the Prequalified Bidders’ List to perform work for NCDOT as a Purchase Order Bidder without any further application. Purchase Order Bidders who have not been placed on the Prequalified Bidders’ List must follow the guidelines for bidder prequalification outlined in Section 102-2(A). This includes completing the Bidder Experience Questionnaire, demonstrating ability and experience to NCDOT, showcasing a portfolio of past projects and relevant experience, and more. Purchase Order Bidders must renew their prequalification annually. In addition, they will be tasked with requalifying every three years.
Section 102-8(B) — Electronic Bids
Contractors who are unable to submit their bid electronically via Bid Express will not be able to submit a claim against NCDOT for any contracts that were not awarded as a result. In addition to the electronic bid, contractors must include the following when submitting an electronic bid:
- Valid Digital Signature
- Electronic Bid Bond or Bid Deposit
- Non-Collusion Certification
- Debarment Certification
- Gift Ban Certification
Section 102-9(B) — Non-Collusion Certification
Contractors are barred from participating in any action that compromises the otherwise fair distribution and award of NCDOT contracts. To minimize the opportunity for contractors to engage in collusion, all bidding contractors must submit a form verifying that have not taken any action that would challenge the outcome of NCDOT’s free competitive bidding system. Additionally, bidders must verify that all work will be provided by their own “bona fide employees and subcontractors.” Bidding on behalf of another contractor violates NCDOT’s Standard Specifications for Roads and Structures.
To learn about other important standards and specifications for NCDOT projects, read part two.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.