19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers, and other individuals or entities
proposed for those portions of the Work for which the Subcontractors, Suppliers, and other
individuals or entities must be submitted as provided in the Supplementary Conditions..
19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the
responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers
individuals, or entities to perform the Work in accordance with the Contract Documents.
19.06 If the Contract is to be awarded, OWNER will award the Contract to lowest Bidder whose
evaluation by OWNER indicates to OWNER that the award will be in the best interests of the
Project.
ARTICLE 20 CONTRACT SECURITY
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets
forth OWNER’s requirements as to Performance and Payment Bonds and insurance. When the
Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.
ARTICLE 21 SIGNING OF AGREEMENT
21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the
required number of unsigned counterparts of the Agreement with the other Contract Documents, which
are identified in the Agreement attached thereto. The Successful Bidder shall sign and deliver the
required number of counterparts of the Agreement and attached documents to OWNER, including the
Performance and Payment Bonds and the Certificate of Insurance. Within 10 days thereafter, OWNER
shall deliver one fully signed counterpart to Successful Bidder with a complete set of drawings with
appropriate identification.
21.02 A fully executed City of Nashua Purchase Order will accompany the fully signed counterpart to
successful Bidder.
ARTICLE 22 RETAINAGE
22.01 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage
are set forth in the Agreement.
ARTICLE23. APPEAL BY BIDDERS
23.01 Any bidder may appeal a pending bid award prior to award by Owner. The appellant must:
A. Submit a written protest to the Owner’s contract administrator within five (5) workdays
after the bid opening.
B. Describe, in the written protest, the issues to be addresses on appeal.
C. Post, with the written protest, a bond with a surety meeting the requirements of General
Condition 5.02 authorized to do business in this state or submit other security in a form
approved by Owner who will hold the bond or security until a determination is made on
the appeal.
D. Post the bond or other security in the amount of 25% of the total dollar value of the
appellant’s bid, up to a maximum bond or other security amount of 250,000.00.
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