SR 1 MEDIAN BARRIER, SR 30 TO SR 16

STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
BID PROPOSAL
CONTRACT T202500901
SR 1 MEDIAN BARRIER, SR 30 TO SR 16
Federal Aid No. ESTP-2025(13)
CFDA: 20.205
Advertisement Date: June 8, 2026
INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:
BID PROPOSAL: ATTACHED OR POSTED DOCUMENTS:
GENERAL DESCRIPTION PROJECT PLANS
PROSPECTIVE BIDDERS NOTES QUESTIONS & ANSWERS (if posted)
REFERENCED DOCUMENTS
GENERAL NOTICES
BIDDERS LIST
PAPER BIDDERS CONTACT DELDOT
FOR BID SUBMITTAL DOCUMENTS:
DRUG TESTING AFFIDAVIT
CERTIFICATION FORM
BID BOND FORM
CD FOR BID PRICE ENTRY & PRINTING
BIDDERS LIST
This Bid Proposal and related documents can be viewed on bids.delaware.gov and bidx.com/de/
Internet Bids for Bidders with Bid Express(R) accounts can be submitted at BIDX.com/de; OR;
Paper Bids with CD will be received in the Bidder's Room at the DelDOT Administration Building, Dover, DE;
ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, JULY 7, 2026
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Contract No. T202500901
SR 1 Median Barrier, SR 30 to SR 16 Federal Aid Project No. ESTP-2025(13)
GENERAL DESCRIPTION
A. BIDS DUE: JULY 7, 2026 PRIOR TO 2:00 P.M. Local Time - unless changed via Addendum.
BIDS MUST BE SUBMITTED VIA:
(a) Internet - Bidders with DelDOT Bid Express(R) accounts can submit bids at bidx.com/de/.
OR:
(b) Paper Bid Delivered To: Delaware Department of Transportation (DelDOT), Administration Building
North Entrance, Bidders Room, 800 Bay Road, Dover, DE 19901
For paper bids, contact DelDOT at dot-ask@delaware.gov or (302) 760-2031 to request a CD for bidding, required
forms, and instructions. Bidders enter their Bid Item prices onto the supplied CD then print the form and deliver
in a sealed envelope; the Bid Form, completed CD, and required documents prior to the Bid due date and time.
(CD's cannot be used to submit bids to bidx.com)
Do not submit both Internet and Paper Bids. If so, the Internet bid and documents will be rejected.
BID OPENING: Bids will be publicly opened and read aloud at the Date and Time of the Bid Opening. The Bid
Opening will be held at the 'Paper Bid Delivered To' address shown above. Bidder bears the risk
of late delivery, bids received after the stated time will be returned unopened.
Attendance is not required. DelDOT offers a call-in number to hear the Bid Opening telephonically.
The telephone number to call is (302) 504-8986.
When prompted, enter Meeting number (access code): 651 529 280#
It is anticipated the telephone access information will remain the same for all Bid Openings.
B. PRE-BID MEETING: No
C. DBE GOAL: 0% Disadvantaged Business Enterprise Goal.
Pursuant to the Interim Final Rule ("IFR") issued by the United States Department of Transportation ("U.S. DOT") on
September 30, 2025, this letting does not have a DBE participation goal as all DelDOT DBEs were decertified by the
IFR. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements. As DelDOT
currently has no certified DBEs, it is not feasible to impose or enforce a DBE participation goal for this letting. Upon
completion of DelDOT's DBE recertification process, or upon any modification of the IFR, whether through
amendment, clarification, or judicial action, DelDOT reserves the right to revise or reestablish a DBE participation
goal for this letting as may be directed by the U.S. DOT and in accordance with applicable federal regulations.
D. OJT TRAINEES: n/a
E. LOCATION: Sussex County
These improvements are more specifically shown on the Location Map(s) of the attached Plans.
F. DESCRIPTION: The improvements consist of furnishing all labor and materials for this project which includes
approximately 8.7 miles of high-tension cable barrier, type 3-31 guardrail with a minimum 4-ft wide maintenance strip,
and median crossover modifications along sections of SR 1 between the SR 30 and SR 16. Follow other incidental
construction in accordance with the location, notes and details shown on the plans, and as directed by the Engineer.
G. BUY AMERICA REQUIREMENTS APPLY - Build America, Buy America Act, refer to 'GENERAL NOTICES'.
H. COMPLETION TIME: All work on this contract must be complete within 316 Calendar Days.
Extensions of contract time due to weather are specified in the Standard Specifications Section 108.7F, weather days.
It is estimated a Notice to Proceed is issued such that work starts on or about September 7, 2026.
I. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF
TRANSPORTATION, JANUARY 2026 apply to this Bid Proposal and Project. The Contractor shall make himself
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aware of any revisions and corrections and apply them to the applicable item(s) of this contract. The Standard
Specifications can be viewed here. Units of Measure can be found at 101.4.
J. ATTACHMENTS: Included as part of this Bid Proposal are; Project Plans; Questions & Answers (if posted);
Addenda, Referenced Documents, Documents Posted with this Bid Proposal; and Bid documents mailed to contractors.
K. ADDENDA: All Addenda are posted on the internet at bids.delaware.gov, and bidx.com/de/ and are included as part
of the Bid Proposal. The Bidder is responsible to check the Website as needed to ensure that the Bidder is aware of
Addenda that are included in the Bid Proposal. If Addenda are issued, the final Addendum will be posted no later than
the end of the day two business days prior to the bid date. Each Addendum number and issue date must be entered on
the submitted Certification Form. This original Bid Proposal will not be updated, you must refer to each Addendum.
L. QUESTIONS: E-MAIL TO; dot-ask@delaware.gov
Questions regarding this project are to be e-mailed to the above address no less than six business days prior to the bid
opening date in order to receive a posted response. Please include the Contract number in the subject line. Questions
and responses are posted at bids.delaware.gov, and bidx.com/de/. The date of the final posted Questions and Answers
document must be entered on the submitted Certification Form.
M. FLAGGERS:
A. Included in the Bid Proposal are the prevailing wages for highway construction as determined by the Department
of Labor of the State of Delaware in accordance with Title 29 Del. C. 6960, relating to wages and the regulations
implementing that Section.
B. Flaggers must be bid at a minimum equal to the Laborer wage rate and may be bid up to, but not to exceed, 3
times the Laborer wage rate in accordance with the County where the Work is being performed.
C. The Department will adjust the bid to the minimum for prices bid below the minimum acceptable bid and to the
maximum for prices bid above the maximum allowable bid prior to award of the Contract.
1. Flagger overtime must be bid at minimum of 1.45 times and may be bid up to a maximum of 4.35 times, the
Laborer wage rate in accordance with the County where the Work is being performed.
2. When a Contract for a Project contains both Federal Davis-Bacon and State of Delaware prevailing wage
standards, the employer's minimum wage obligations are determined by whichever standards are higher.
D. Overtime:
1. Payment for overtime will be considered on a weekly basis for time worked in excess of 40 hours for a
continuous 7-day period beginning Monday and ending Sunday inclusive.
2. Time worked on other Projects or Work activities other than flagging will not be counted in the normal 40
hours or the overtime.
E. The cost of the flagging operation when performed by others who are not the Contractor's employees will not be
included in the 50% subcontracting limit as outlined in Section 108.1.
N. PROSPECTIVE BIDDERS NOTES:
1. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. Registrations are now completed online
through SimpliGov. To complete registration or for more information, click here. REVISED
2. SURETY BOND - Each proposal must be accompanied by a deposit of either surety bond or security for a sum equal
to at least 10% of the amount bid.
3. DELAWARE'S CONTRACTOR REGISTRATION ACT - 19 Del.C. 3601 et seq, requires all contractors and
subcontractors to register with the Delaware Department of Labor before performing construction services or
maintenance. Refer to the GENERAL NOTICES section for further information.
4. DRUG TESTING - Regulation 4104; The state Office of Management and Budget has developed regulations that
require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on
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Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. 6908(a)(6). Refer to the
full requirements at the following link:
https://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.shtml#TopOfPage
Note a few of the requirements;
* At bid submission - Each bidder must submit with the bid a single signed affidavit certifying that the bidder and
its subcontractors has in place or will implement during the entire term of the contract a Mandatory Drug Testing
Program that complies with the regulation (a blank affidavit form is attached);
* At least two business days prior to contract execution - The awarded Contractor shall provide to DelDOT copies
of the Employee Drug Testing Program for the Contractor, each participating DBE firm, and all other listed
Subcontractors;
* Subcontractors - Contractors that employ Subcontractors on the job site may do so only after submitting a copy
of the Subcontractor's Employee Drug Testing Program along with the standard required subcontractor
information. A Subcontractor shall not commence work until DelDOT has approved the program in writing.
5. PERFORMANCE-BASED RATING SYSTEM - 29 Del.C. 6962 (c)(12)(a) requires DelDOT to include a
performance-based rating system for contractors. The Performance Rating for each Contractor shall be used as a
prequalification to bid at the time of bid. Refer to 'General Notices' for details.
6. NO RETAINAGE will be withheld on this contract unless through the Performance-Based Rating System.
7. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT's Website, Contractor Compliance/EEO -
Delaware Department of Transportation calling (302) 760-2035
REVISED
8. DBE PROGRAM REQUIREMENTS As a result of the Issuance of the IFR on September 30, 2025, all of DelDOT
DBEs were decertified. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements.
As DelDOT currently has no certified DBEs, it is not feasible to require the submission of a DelDOT DBE Project
Participation Affidavit for this letting. Companies bidding on this letting are NOT required to submit a DBE Project
Participation Affidavit with their bid. Once DelDOT has recertified DBEs using the IFR requirements, this
requirement will be reinstated.
REVISED
9. DelDOT CERTIFIED DBE UTILIZATION COMMITMENT STATEMENT As a result of the Issuance of the
IFR on September 30, 2025, all DelDOT DBEs were decertified. DelDOT is undertaking the recertification process
for DBEs pursuant to the IFR requirements. As DelDOT currently has no certified DBEs, it is not feasible to require
the submission of a DelDOT Certified DBE Utilization Commitment Statement for this letting. Companies bidding
on this letting are NOT required to submit a DelDOT Certified DBE Utilization Commitment Statement with their bid.
Once DelDOT has recertified DBEs using the IFR requirements, this requirement will be reinstated.
10. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:
Section 501.3, 503.3, 505.3, 610.3, 701.3 and 702.3 of the 2026 Standard Specifications require contractors to provide
an American Concrete Institute (ACI) or National Ready-Mix Concrete Association (NRMCA) certified concrete
flatwork technician to supervise all finishing of flatwork concrete.
11. NOTE that FHWA Form 1273 (attached) has been modified effective October 23, 2023. Changes are reviewed here.
12. SIGNAGE LANGUAGE:
In order to maintain effective communication with the traveling public, only place signs, banners, flags, or other displays
within the projects limits that meet the requirements of the latest version of the Delaware Manual on Uniform Traffic
Control Devices. Any signs or other materials which deviate from the MUTCD, must be preapproved by the Engineer.
The only signage and materials which may be displayed upon vehicles and equipment within the Project area are signs
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denoting the name of the Contractor and any subcontractors and other signs and/or materials required and approved
pursuant to the MUTCD and the Engineer. Contractor shall immediately remove any signs or materials within the
Project that does not meet these requirements immediately upon notification by the Engineer. Failure to remove signs
or other materials following notification from the Engineer will result in Liquidated Damages being assessed in the
manner and amount specified in the Standard Specifications section 108.9.A.
REVISED
13. Bidders List Requirement:
Under 49 CFR 26.11 DelDOT must collect bidders list information from ALL contractors and subcontractors who
seek to work on federally assisted contracts. The submitted information must be complete and must include the
required information for the prime and all (DBE and non-DBE) subcontractors, service providers, manufacturers,
distributors, and suppliers.
ALL bidders must complete the Bidders List Form (attached as an exhibit) and submit it at the time of bid.
Late submission of this information will not be accepted. Submitted information must include the following for
those being proposed to work on the contract if awarded:
Firm name;
Firm address including ZIP code;
Firm's status as a DBE or non-DBE (SEE NOTE BELOW effective 10-1-2025);
NAICS code applicable to each scope of work the firm sought to perform in its bid;
Age of the firm; and
The annual gross receipts of the firm shown as an approximate range (i.e., $1-3 million)
This information will be maintained as confidential to the extent allowable by federal and state law.
NOTE: Based upon the IFR issued September 30, 2025, all DelDOT certified DBEs have been decertified. As such,
for this letting, bidders should NOT identify in the bidders list whether a proposed contractor or subcontractor is a
DBE as no companies have currently been certified as a DBE under the new IFR requirements. That block should be
left blank. Bidders will be advised once DBE's have been re-certified pursuant to the requirements of the IFR at which
time bidders will be required to provide this information.
Additionally, pursuant to the IFR, and the guidance letter issued by U.S. DOT on September 30, 2025, DelDOT has
been directed not to use race or sex as presumptions for consideration of a company as a DBE. As such, bidders should
NOT identify in the bidders list a proposed contractor or subcontractor's sex or race. Those blocks should be left
blank. DelDOT anticipates providing a revised Bidders List Form in the near future, which contains only those sections
required by the IFR.
Failure to submit the required bidders list documentation at the time bid will result in the bidder being
deemed non-responsive and therefore ineligible for award of the contract.
14. 1273-23 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS is posted
with Referenced Documents and part of this Bid Proposal.
15. PREVAILING WAGE RATES are posted with Referenced Documents and part of this Bid Proposal.
16. SPECIAL PROVISIONS LIST is posted with Referenced Documents and part of this Bid Proposal.
17. STATEMENTS are posted with the Referenced Documents and are part of this Bid Proposal.
18. ITEMS (Quantity Summary Sheets) are posted with the Referenced Documents and are part of this Bid Proposal.
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19. REVISED SPEC LANGUAGE:
The Revised Inspection Framework - January 2026 (2026 Inspection Framework) shall apply to this contract.
Delete from Section 101.3
Primary inspection. The inspection (formerly referred to as Final Inspection) conducted by the engineer to determine
if the contractor has satisfactorily completed the project, or a portion of the project, in accordance with the contract.
Insert within Section 101.3
Acceptance Inspection. The inspection (formerly referred to as Primary Inspection) conducted by the Administering
Section, contractor, and accepting section confirming that primary inspection punch list items have been addressed.
Primary inspection. The inspection (formerly referred to as initial inspection) conducted by the Department to review
all contract work has been completed in accordance with the Plans, Standard Specifications, Special Provisions, and
Standard Construction Details. The inspection is confirmation of the work completed per the contract documents.
Project Acceptance. The Department's notification to the Contractor that the time charges will cease, and construction
activities are completed, releasing the contractor from liability and repairs or maintenance to the completed work.
Revise Section 104.12.A as follows.
A. Before acceptance inspection, clean rubbish, excess materials, temporary structures, and equipment from the
project, from any publicly owned borrow source used to complete the work, and from areas affected by the
contractor in connection with the work within the right-of-way. Cut all grass and weeds taller than 6-inches.
The cost of the final cleanup is incidental to Item 763000, Initial Expense, De-Mobilization.
Revise Section 105.4.F as follows.
F. Submit copies of manufacturer's catalog cuts, drawings, wiring diagrams, and other relevant documents with
working drawings for electrical and mechanical equipment. After the Department has reviewed all items of a
particular system, prepare an instruction book for the particular system. Fasten and bind the items listed below
in a leather or heavy plastic cover book with a title clearly shown. Provide five copies of the book to the engineer
before acceptance inspection. Make the books available when connecting and energizing electrical and
mechanical systems. Ensure that the final bound copies reflect changes or adjustments made during the work.
Include the following in the instruction book:
1. An equipment list.
2. A complete description of the equipment.
3. The sequence of operation including inter-locking and protective features.
4. The use of by-pass switches.
5. A detailed description of all wiring circuits.
6. A recommended spare parts list.
7. Renewal parts bulletins.
8. Instruction bulletins for the provided equipment.
9. Diagrams and drawings of reduced size suitable for binding.
10. An index listing all items.
Revise Section 105.13.D as follows.
D. Include the cost of maintenance work during construction and before completion of the acceptance inspection
punch list in the proposal. The Department will pay the cost of maintenance work occurring after completion
of the acceptance inspection punch list.
Revise Section 105.14.A as follows.
A. The engineer may order opening of certain sections of the work to traffic or other use before the contractor
completes the work or before the engineer accepts the work. The Department will not consider opening sections
of the work as constituting acceptance of the work or a waiver of any contract provisions. The engineer will
pay the cost of repairing damage to the work caused by opening work to vehicular traffic unless opening the
roadway is due to the fault, or inactivity of, the contractor or the contractor caused the damage. All other
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maintenance costs including, but not limited to, mowing grass and general cleanup are the contractor's
responsibility until completion of the acceptance inspection punch list to the Department's satisfaction.
Maintenance costs for work involving landscaping and vegetative growth are the contractor's responsibility
until final acceptance.
Revise Section 105.16 as follows.
A. Partial Acceptance.
1. The decision to partially accept a portion of the project is solely at the discretion of the engineer. The
engineer may partially accept portions of the work. The Department will not consider partial acceptance as
constituting acceptance of the work that has not been partially accepted or a waiver of any contract
provisions. The Department will maintain the partially accepted portion of the project, including repairing
damage caused by the public.
B. Project Acceptance
1. The Department will cease counting contract time when the project reaches substantial completion as
defined in Section 101.3, Definitions.
2. Substantial Completion Verification
a. Upon receiving the contractor's notice of substantial completion of the project, the Department will
verify all contract items are complete as defined in Section 101.3, Definitions. Items not deemed
complete shall be completed by contractor prior to Department issuance of Substantial Completion.
b. After issuance of Substantial Completion, request Primary Inspection from the Department.
c. The Department will schedule the Primary Inspection within 30 calendar days of the request.
3. Primary Inspection
a. The Department/Administering Section will conduct a Primary Inspection with the completion of
105.16.2 Substantial Completion Verification. The Administering Section will note and provide a
written punch list by stations and in detail identifying work or conditions requiring correction. The
punch list will include ADA inspection deficiencies.
b. Perform the corrective work noted on the punch list within 30 calendar days upon receipt of the punch
list created by the Administering Section, unless the parties mutually agree to extend the time frame.
c. Upon completion of the primary inspection punch list, request an acceptance inspection from the
Department. Prior to acceptance inspection scheduling, the Administering Section will confirm and
annotate the primary inspection punch list and ensure ADA Inspection deficiencies have been addressed
and documented.
d. The Administering Section will schedule Acceptance inspection with the Maintenance District within
30 days of confirmation of primary punch list item completion.
4. Acceptance (formerly primary) Inspection.
a. The Department will conduct an acceptance inspection with the completion of 105.16.B.3, primary
inspection. The Administering Section will provide a written punch list identifying deficiencies not
satisfactorily addressed from the primary inspection punch list within 7 calendar days of the acceptance
inspection.
b. Perform the corrective work noted on the punch list within 15 calendar days upon receipt of the punch
list created by the Administering Section, unless the parties mutually agree to extend the time frame.
c. The Administering Section will verify remediation work and will provide a list with dates that remedial
activities were resolved to the Maintenance District when requesting Project Acceptance.
C. Project Acceptance
1. The Administering Section will notify the Maintenance District that acceptance inspection punch list items
have been addressed.
2. The Maintenance District and/or other accepting entities will verify acceptance inspection punch list items
have been addressed within 30 calendar days of notice from the Administering Section.
D. Final Acceptance
1. The engineer will provide final acceptance in writing that will state the acceptance date as defined in Section
101.3, Definitions.
E. Project Closeout
1. Upon final acceptance, provide the exempted documents, certificates, or proofs of compliance within 90
calendar days.
2. The Department will not issue the final payment until the contractor executes and delivers the required
documents.
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Revise Section 108.8.K as follows.
K. Once the Department determines that the work is substantially complete, the Department will suspend time
charges and the assessment of liquidated damages. Failure to complete all punch list work identified during the
primary and acceptance inspections within the timeframes allotted, will result in the Department restarting
liquidated damages in accordance with the chart specified in Section 108.9, Schedule of Liquidated Damages.
The assessment of post-substantial-completion liquidated damages will continue until project completion.
Revise Section 610.3.9.A.2 as follows.
2. The engineer will measure the width, length, and depth of each crack and establish the precise location of the
crack termination points relative to permanent reference points on the member. The engineer will monitor and
document the growth of individual cracks at an inspection interval the engineer will choose to determine if
cracks are active or dormant after acceptance inspection.
Revise Section 722.3.2.A as follows.
A. Provide on-site field instruction by the system manufacturer, at a location determined by the engineer. Provide
a minimum of 2 training sessions consisting of installation training before beginning cable barrier construction
and maintenance training before acceptance inspection. The manufacturer shall establish the training duration
and shall provide field training on all aspects of the system. Coordinate the training schedule and location with
the engineer. The engineer will advise the appropriate department staff, including construction inspectors and
maintenance personnel regarding the training location and schedule. Provide all training materials in both hard
copy and electronic PDF format.
Revise Section 722.3.2.C.1 as follows.
1. Hold the maintenance training a minimum of 7 calendar days before acceptance inspection of the system.
Submit the proposed training date to the engineer a minimum of 14 calendar days prior to the training session
date for review and approval. Include the following participants:
a. District Maintenance Engineer, or designated representative;
b. District Maintenance Superintendent, or designated representative;
c. Area Yard Supervisor, or designated representative; and
d. District maintenance personnel.
Revise Section 722.3.3.L as follows.
L. Within 10 calendar days of the primary inspection, supply spare parts for the HTCB system. Deliver the parts
to the DelDOT maintenance facility as directed by the engineer. Provide an extra supply of the following:
1. Socketed-type line posts, including post hardware, caps, reflective sheeting, straps, spacers, and socket
covers. Include 200 posts and accessories.
2. Rigging screws and threaded terminals. Provide enough materials to complete 8 turnbuckle assemblies.
3. Anchor posts including post hardware and caps, reflective sheeting, straps, fittings, spacers, and socket
covers. Provide enough materials to complete 3 end anchor installations.
4. Fitting gaskets or socket covers. Provide 100 socket covers.
Revise Section 843.3.5.C as follows.
C. Repair defects identified by the Department during periodic or primary inspections in accordance with this
specification, including all highway lighting systems and components within the project limits. Begin highway
lighting system repairs immediately following notice of the lighting system defect unless weather limitations
prevent the corrective work. Provide notification to the Department before beginning corrective work.
Revise Section 843.3.5.D as follows.
D. The Department will not consider the highway lighting system as substantially complete until correction of the
deficiencies noted during the primary and acceptance inspections. Provide a maintenance bond for item 843001
- Electrical Testing upon substantial completion. Provide a maintenance bond meeting the following
requirements:
1. A bond sum equal to 100 percent of the value of all highway lighting system items the Department paid to
the contractor;
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2. With original signatures, in ink, and not mechanical reproductions or facsimiles of any kind, naming the
contractor as the principle;
3. term of 1-year beyond the completion of the highway lighting system work; and
4. written by a surety or insurance company licensed to write surety bonds in the State of Delaware by the
Delaware Department of Insurance.
Revise 911.3.6.G as follows.
G. Water bi-weekly during the period June 15 through October 1. Continue watering, without interruption, until
completing watering of all the plants on the project. Use water in accordance with Section 911.2.9. The
Department will allow use of tree watering bags as a part of the watering operation. Remove the tree watering
bags before acceptance inspection.
GENERAL NOTICES
CONTRACTOR REGISTRATION ACT
On July 1, 2021, the Contractor Registration Act, as codified in 19 Del.C. 3601 et seq, took effect. This law requires all
contractors to register with the Delaware Department of Labor before performing construction services or maintenance. The
Contractor Registration Act applies to all contractors that engage in construction and maintenance within the State of
Delaware. Additionally, it requires contractors to have Delaware workers' compensation insurance where required,
compliance with labor laws, and proof of a state business license. The Delaware Department of Labor's Office of Contractor
Registration is responsible for enforcement of the requirements of the Contractor Registration Act. If you have any questions
about the contractor registration process, please call 302-430-7739 or email Contract.Registry@delaware.gov. Registration
at https://onestop.delaware.gov/.
BUY AMERICA REQUIREMENT REVISED
The Build America, Buy America Act (BABA), enacted as part of the Bipartisan Infrastructure Law (BIL) requires iron,
steel, manufactured products, and construction materials used in infrastructure projects funded by Federal financial
assistance to be produced in the United States (U.S.).
In accordance with 23 U.S.C. 313 and 23 CFR 635.410, all iron and steel materials permanently incorporated into this
project will be produced in the U.S. and all manufacturing processes involving these materials will occur in the U.S., except
that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not
exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is
used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded.
In accordance with 23 CFR 635.410, the final manufacturing process of all manufactured products that will be permanently
incorporated into this project will be performed in the U.S. Iron or steel components of precast concrete products and
cabinets or enclosures of any intelligent transportation systems and other electronic hardware systems classified as a
manufactured product which is permanently incorporated into this project will be produced in the U.S. and all manufacturing
processes involving the iron and steel will occur in the U.S., except that a minimal amount of foreign steel or iron materials
may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00,
whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to
ensure that the allowable limit is not exceeded.
In accordance with 2 CFR 184, all non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, optical
fiber, lumber, drywall, and engineered wood construction material permanently incorporated into this project will be
produced in the U.S.
DelDOT maintains a list of all pay items, the applicable BABA category designation, and additional guidance at the
following address: https://deldot.gov/Business/prodlists/index.shtml?dc=buyAmerica.
By signing and submitting this proposal, the bidder certifies that:
"All materials that will be permanently incorporated into this project will meet the Buy America material requirements.
At the Department's request, I/we will provide manufacturer's/supplier's documentation verifying domestic origin as
defined in the Contract. All Materials accepted on the basis of such Certificate of Compliance may be sampled by the
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Department and tested at any time. Use of Material on the basis of Certificate of Compliance shall not relieve the
Contractor of responsibility for incorporating Material in the Project conforming to the requirements of the Contract.
Any Material not conforming to such requirements will be subject to rejection whether in place or not. The Department
reserves the right to refuse to permit the use of Material on the basis of Certificate of Compliance."
SPECIFICATIONS :
The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction January, 2026", with the
applicable version defined in the 'GENERAL DESCRIPTION' and hereinafter referred to as the Standard Specifications;
shall govern the work to be performed under this contract. The Contractor shall make itself aware of these specifications,
revisions and corrections, and apply them to the applicable item(s) of this contract.
CLARIFICATIONS :
Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements, responsibilities,
and furnishing of materials are outlined in the details and notes on the Plans and in the paragraphs preceding the " Basis of
Payment" paragraph in the Standard Specifications or Special Provisions, no interpretation shall be made that such
stipulations are excluded because reiteration is not made in the "Basis of Payment" paragraph.
DelDOT requires the use of various electronic applications for various documentation processes.
These processes will be identified, and the Contractor's required use will be detailed during the Preconstruction Meeting.
No additional payments will be made to the contractor to use or interface with the applications.
ATTESTING TO NON-COLLUSION :
DelDOT requires as a condition precedent to acceptance of bids a sworn statement executed by, or on behalf of, the person,
firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or
corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint of free competitive bidding in connection with such contract. The form for this sworn statement
is included in the proposal and must be properly executed in order to have the bid considered.
QUANTITIES :
The quantities shown are for comparison of bids only. DelDOT may increase or decrease any quantity or quantities without
penalty or change in the bid price.
PERFORMANCE-BASED RATING SYSTEM
29 Del.C. 6962 (c)(12)(a) requires a DelDOT project, excluding a municipal street aid contract, to include a performance-
based rating system. At the time of bid, the Performance Rating for each Contractor shall be used as a prequalification to
bid.
Bidders with Performance Rating scores equal to or greater than 85% shall be permitted to bid. Bidders with scores of less
than 85% who comply with the retainage requirements of 29 Del.C. 6962 shall be permitted to bid provided the Agreement
to Accept Retainage (located on the Certification Page) is executed and submitted with the bid. Lack of an executed
Agreement to Accept Retainage will result in the rejection of the bid by DelDOT. Successful bidders awarded DelDOT
contracts who have no performance history within the last five (5) years will be assigned a provisional Performance Rating
of 85% at the date of advertisement.
Notification of Performance Rating. DelDOT shall post publicly the Performance Rating for all Contractors on DelDOT's
website. DelDOT will complete performance-based evaluations on the construction company contracted by DelDOT to
build the project (the "Contractor"). Provisions to appeal Performance Ratings are described in the regulations. The
regulations are set forth in Section 2408 of Title 2, Delaware Administrative Code, found here.
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