Flowchart 7: Advertisement (Ad) to Concurrence to Award Federal Funds
In preparation for advertising the project, your agency should review the advertising documents package prior to submittal to CDOT to ensure they are complete and current. Often there are delays in moving from the project development phase to the construction phase. Changes in procedure or process may have occurred in the interim that could affect how you conduct the construction phase. Consult with your CDOT project manager if delays occur.
You should include the following documents in the bidding and advertising package:
- CDOT Form 606 - Anti-Collusion Affidavit
- CDOT Form 1413 – Bidders List
- CDOT Form 1414 – Anticipated DBE Participation Plan
- DBE Project Special Provision
- DBE Standard Special Provision
- OJT Standard Special Provision
- Davis Bacon Wage Determination
- Form FHWA-1273 - Required Contract Provisions, Federal-Aid Construction Contracts (A reference to this form is acceptable in the bidding and advertisement package.)
The advertisement for bids should include the following language:
"An EEO-1 Report must be submitted to the Joint Reporting Committee if the contractor and subcontractors meet the eligibility requirements (29CFR 1602.7). For additional information regarding these federal requirements, please refer to: https://www.eeoc.gov/employers/eeo-1-data-collection
and:
"The [insert local agency name], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."
Your agency's bonding requirements or procedures may be used if approved by the CDOT Agreements Unit of the Contracts and Market Analysis Branch. The specifications must include the requirement for the contractor to name CDOT as an "additional insured" on its general liability and automobile liability policies.
Specifications or bidding procedures cannot provide preference to local contractors.
See the FHWA video on Project Advertisement, Bid Review, and Request for Concurrence in Award, and FHWA's Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation for additional information.
Once you've completed the bid package, send it in electronic format to your CDOT project manager for coordination and review.
You must receive concurrence to advertise from CDOT prior to advertising the project.
A transportation improvement program (TIP) identifies all projects that will receive federal or state funds in the MPO area. Each MPO is responsible for the development, approval and amendment processes for its TIP. You should contact your MPO to determine if your project is in the TIP or to determine the process for adding your project to an existing TIP.
Adding a project to an existing TIP is done by TIP amendment. Depending on your particular MPO, it can take up to 10 weeks to amend the TIP. You will advertise the project with the following requirements:
- The advertisement period will be for a minimum of three weeks. A shorter advertisement period must be approved by the CDOT project manager.
- The advertisement can be published in a newspaper of general circulation, the official county paper where the work is being done or electronically on a bidding website of widespread knowledge to the contractors (as approved by CDOT). If the advertisement is by official county paper, in the instances where a project spans several counties, the advertisement should be placed in the official newspaper of each county. It is recommended that advertisement be made once in a newspaper of statewide circulation. CDOT uses the Daily Journal, and occasionally the Denver Post and La Voz.
- If you have established a project number different from CDOT's, the advertisement and bidding documents should show both project numbers.
- The advertisement must show the Disadvantaged Business Enterprise (DBE) goal that has been established for the project.
- Projects on CDOT right of way require CDOT contractor prequalification. For roadway projects not within CDOT's right of way, prequalification is recommended. The advertisement must state prequalification requirements. See the CDOT prequalified contractor list.
Refer to your CDOT contract for the above information. You can obtain a copy of this information from your CDOT project manager.
If you do not receive the required number of bids in response to the advertisement or if there are problems with the bids, you may need to re-advertise the project.
It is important for you to coordinate with your CDOT project manager to make certain funds are authorized and encumbered prior to the start of construction. If adjustments are required, CDOT will prepare the necessary paperwork for a funding letter or option letter, and transmit it to your agency. Funds spent by your agency before CDOT authorization are not eligible for reimbursement.
To ensure competitive bidding, your agency representative responsible for showing the project must provide all bidders with an equal opportunity to view the proposed construction site, and should conduct each of the project showings in a similar manner. You must provide the plans and specifications to the person responsible for showing the project.
It is important to provide each prospective bidder with identical information to avoid favoring one company over another. It is preferable that the same person conducts each of the project showings; however, if that is not practical, ensure that identical information is communicated to each attendee. If revisions are necessary while the project is under advertisement, please coordinate review of the revisions with your CDOT project manager.
If your project includes construction of a major or minor structure, you should forward one set of plans and specifications to Staff Bridge per Section 19.6 of the CDOT Bridge Design Manual.
Your agency must receive sealed bid documents from bidders prior to the stated bid date and time. All bidders must submit the following CDOT forms with their bids:
- Form 606 – Anti-Collusion Affidavit
- Form 1413 – Bidders List
- Form 1414 – Anticipated DBE participation plan
If these forms are not received, the bid is considered non-responsive and shall be rejected.
Your agency should open bids in accordance with Section 103 of the Standard Specifications. Immediately after bid opening, you must provide the apparent low bidder the following CDOT forms:
- Form 605 – Contractors Performance Capability Statement
- Form 621 - Assignment of Antitrust Claims
- Form 1415 - Commitment Confirmation, if DBE goals are greater than zero, or if the bidder has voluntarily made commitments)
- Form 1416 - Good Faith Effort Report, if DBE goals are not met
The apparent low bidder must submit these completed forms to you by 4:30 p.m. on the 5th calendar day after the date of bid opening. A Form 1415 must be obtained from each DBE that is listed on Form 1414. The bidder must complete Section 1, and the DBE must complete Section 2 of Form 1415.
You may reject a bid for a number of factors. Work with your CDOT project manager if this affects your project. With CDOT's concurrence, you may reject the low bidder.
Submit required documentation for CDOT Award Concurrence
You should review bids for reasonable conformance with the engineer's estimate and for unbalancing prior to award. You must obtain CDOT concurrence before the project can be awarded (contact the CDOT award officer in the Agreements unit of the Contracts and Market Analysis branch).
Submit a letter to the CDOT Agreements unit that documents your review of the bids, addresses the budget status of the project and the means of resolving any budget deficits, specifies which bidder you are recommending for award of the project, and states what documentation has been sent to the CDOT Civil Rights and Business Resource Center.
The following documents should be sent with the bid review letter to the CDOT Agreements unit:
- Form 605
- Form 606
- Form 621
- Form 1413
- Form 1414 (from all bidders)
- Form 1415
- Form 1416 (if goal is not met)
- Financial Statement
- Bid Tabulation
You must send a copy of the bid review letter to the CDOT project manager.
Submit required documentation to CDOT CRBRC
If a DBE goal greater than zero has been set for the contract, the award is contingent upon approval of the contractor's DBE participation (or good faith effort) by the CDOT Civil Rights and Business Resource Center (CRBRC).
You shall collect the following forms from the apparent low bidder and submit this information to the CRBRC via email to [email protected] along with a copy of the Project Special Provision identifying the goal at the time the request is made for CDOT Award concurrence:
- Form 1413
- Form 1414
- Form 1415
- Form 1416 (if DBE goal is not met)
- Bid result sheet listing all bidders, the amount of their bids, and the percentage of DBE commitments secured by the bidder
CDOT may concur with the awarding of the contract only if the apparent low bidder demonstrates (i) sufficient commitments, or (ii) good faith efforts to meet with the established DBE contract goal.
You will make the final decision on award; however, federal participation in such award will require coordination with and concurrence of CDOT. You are required to document all decisions concerning bidding and award.
CDOT's Agreements unit will issue a letter of concurrence to award the project when the all requirements for the bidding and award process have been met.
You should file project documentation and project records in ProjectWise Explorer / Project Share during the project after being provided access by your CDOT project manager. You are responsible for filing submittals, forms, project records and supporting documents in ProjectWise Explorer / Project Share on an ongoing basis in accordance with the location identified on the construction Engineering Record File Plan (Record File Plan).
Following the concurrence of the CDOT award officer in the Agreements unit of the Contracts and Market Analysis Branch, you will send a letter to the contractor issuing the notice of award and an invitation to the preconstruction conference. Electronic copies of the letter must be sent to the CDOT project manager and resident engineer.
Once you have received the concurrence letter of award from CDOT, you will draft a contract for the project work. If you used the CDOT Standard Specifications for Road and Bridge Construction for this project, performance and payment bonds should also be obtained from the successful bidder that meet CDOT's requirements. In addition, the successful bidder must provide a certificate of insurance indicating coverage in the types and limits described in subsection 107.15 of the Standard Specifications.
The contract must be signed and returned by the successful bidder, together with the contract bonds and insurance certification (if using CDOT specifications). The contract will not be considered effective until it has been fully executed by all of the parties to the contract.
You should retain an executed, original contract and another executed original should be provided to the contractor. An electronic copy of the contract should be sent to your CDOT project manager and a copy placed in ProjectWise Explorer / Project Share.
You are required to place into ProjectWise Explorer / Project Share an 11-by-17 plan set electronically sealed by a Colorado registered professional engineer within 45 days after award. If the Form 1243 Local Agency Contract Administration Checklist has been revised at any point, you should distribute revised copies of the checklist.
In accordance with 41 CFR 60-4.2, your prime contractor and all subcontractors are required to give written notice to the Office of Federal Contract Compliance Programs within 10 working days of award of a construction contract, or subcontract in excess of $10,000.
