Contract 06-0A8704

The responses to bidder's inquiries, unless incorporated into a formal addendem to the contract, are not a part of the contract and are provided for the bidder's convenience only. In some instances, the question and answer may represent a summary of the matters discussed rather than a word-for-word recitation. The availability or use of information provided in the responses to bidder's inquiries is not to be construed in any way as a waiver of the provisions of Section 2-1.03 of the Standard Specifications or any other provision of the contract, the plans, Standard Specifications or Special Provisions, nor to excuse the contractor from full compliance with those contract requirements. Bidders are cautioned that subsequent responses or contract addenda may affect or vary a response previously given.

Q1) If a bidder submits their DVBE information using certified mail and it is sent no later than the 3rd day after bid opening, will the bidder be considered responsive if Caltrans receives the DVBE packet after 4 P.M. on the 4th day?

A) No. Section 2-1.02B, "SUBMISSION OF DVBE INFORMATION," of the contract special provisions, states in part, "If the DVBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit the DVBE information to the Department of Transportation, 1120 N Street, Room 0200, MS #26, Sacramento, California 95814 so the information is received by the Department no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. Failure to submit the required DVBE information by the time specified will be grounds for finding the bid or proposal nonresponsive."

Q2) According to the previous response, DBe information shall be submitted by the 1st, 2nd, and 3rd bidder within 4 business days. There are no forms included in the provisions or the bid documents to use in submitting this information. Furthermore, award and exdecution of contract states that the information shall be submitted with the executed contract (per section 3). Also in response to the previouse inquiry, there is no section 2-1-02B reffering to submission of DBE information included in the special provisions. Please inform us of the proper procedure for reporting DBE information should we be the low bidder and where we are expected to acquire the proper forms. Than You

A2) The responds to question 1 is not required for this project, please see section 3 for the submittal requirement of the DBE information for this project.