102Bidding Requirements and Conditions

102.01 Prequalification of Bidders. A Bidder must be prequalified by the Department

according to ORC Chapter 5525 and the rules and regulations governing prequalification in order to submit a Bid. Upon request, the Department will provide a prequalification application, applicable rules and regulations, and other relevant information. For prospective Bidders that are not yet prequalified, furnish the Department with a properly completed prequalification application at least 30 days before the date specified for the receipt of Bids. The prequalification certificate is the Bidder’s license to Bid and perform construction for the Department. For foreign Contractors, refer to ORC 5525.18 and Ohio Administrative Rule 5501:2-3-07. The Department will perform contractor performance evaluations for each contractor and subcontractor on every ODOT -let construction project. Evaluations shall be well documented, objective, and performed in a timely manner, in accordance with Supplement 1131. The contractor’s average scores for the previous calendar year will be used in the calculation of the contractor’s bidding capacity. The contractor has the right to appeal an evaluation.

102.02 Contents of Bid Documents. Use the Proposal to prepare and submit Bids for the Work.

Upon request, the Department will provide Bid Documents that include or reference the following:

102.03 Issuance of Proposals.

102.04 Interpretation of Quantities in Proposal . The quantities in the Bid Documents are

approximate and the Department uses them for the comparison of Bids only. The Department will only pay the Contractor for the actual quantities of Work performed and accepted according to the Contract Documents. The Department may increase, decrease, or omit the scheduled quantities of Work as provided in 109.04 without invalidating the Bid prices.

102.05 Examination of Bid Documents and Project Site and Submission of Prebid

Questions. Carefully examine the Bid Documents and perform a reasonable site investigation before submitting a Bid. Submitting a Bid is an affirmative statement that the Bidder has investigated the Project site and is satisfied as to the character, quality, quantities, and the conditions to be encountered in performing the Work. A reasonable site investigation includes investigating the Project site, borrow sites, hauling routes, and all other locations related to the performance of the Work. When available, the Department will include in the Contract Documents or provide for the Bidder’s review at the Department’s offices or website, one or more of the following:

102.06 Preparation of Bids. Prepare a Bid according to this subsection and the requirements

found in the Bid Documents. Properly complete the Expedite file and submit it using the software specified in the Bid Documents rather than completing it by handwriting, typing, or using unauthorized computer-generated forms. Provide a unit price for each item listed in the Proposal . Calculate and place the products for the respective unit prices and quantities in the “Bid Amount” column. For a lump sum item, place the same price in the “Unit Price” column and in the “Bid Amount” column pertaining to that item. Indicate the total Bid amount by adding the values entered in the “Bid Amount” column for the listed items. Submit the Expedite file using the software specified in the Bid Documents. Properly execute the Proposal by completing the miscellaneous section and attaching the required signatures in the space provided in the Expedite file. ENTITY SUBMITTING PROPOSAL REQUIRED SIGNATURE Individual The individual or a duly authorized agent. Partnership A partner or a duly authorized agent. Joint Venture A member or a duly authorized agent of at least one of the joint venture firms. Corporation An authorized officer or duly authorized agent of the corporation. Also, show the name of the state chartering the corporation and affix the corporate seal. Limited Liability Company A manager, a member, or a duly authorized agent.

102.07 Duty to Notify of Errors in Bid Documents. Notify the Department of errors and

omissions in the Bid Documents. Make notification by submitting a question in the manner described in 102.05. The Contractor’s duty to disclose errors and omissions is not only a bidding requirement but is also a legal requirement that cannot be ignored. Failure to provide the required notification prior to the opening of bids shall constitute a waiver by the Contractor and does not obligate the Department for any costs based upon any apparent or patent ambiguity arising from insufficient data or obvious errors in the Bid documents. Knowingly withholding information regarding an error or omission in the Bid Documents, or intentionally misrepresenting an item of Work for financial or competitive gain may result in civil or criminal penalties in excess of the value of the item bid.

102.08 Unbalanced Bidding. Bid all items correctly and price each quantity as indicated in the

Bid Documents. The Department will reject a Mathematically Unbalanced Bid if the Bid is also Materially Unbalanced. A Mathematically Unbalanced Bid is a Bid containing lump sum or unit price items that do not include reasonable labor, equipment, and material costs plus a reasonable proportionate share of the Bidder ’s overhead costs, other indirect costs, and anticipated profit. A Materially Unbalanced Bid is when the Department determines that an award to the Bidder submitting a Mathematically Unbalanced Bid will not result in the lowest ultimate cost to the Department.

102.09 Proposal Guaranty. The Department will reject a Bid submitted without a Proposal

Guaranty in the amount designated and payable to the Director. Submit the required Proposal Guaranty in one of the following forms:

102.10 Delivery of Bid. Unless otherwise indicated in the Proposal, all Bids must be submitted

using the electronic Bid submission software specified in the Proposal. The Department will accept Bids until the time and date designated in the Proposal. The Department will reject Bids received late and will reject all Bids not prepared and submitted in accordance with the Proposal.

102.11 Withdrawal of Bids. After Bids are opened, ORC 5525.01 requires that a Bidder identify

a mistake in its Bid within 48 hours of the Bid opening. After Bids are opened the Bidder must provide a written request to withdraw a Bid already filed with the Department. Any Bidder for whom a request to withdraw its Bid is approved by the Dep artment will not be permitted to participate in any manner in a contract awarded for that project for which the Bid was withdrawn.

102.12 Combination Proposals. The Department may elect to issue Bid Documents for projects

in combination or separately, so that Bids may be submitted either on the combination or on separate units of the combination. The Department reserves the right to make awards on combination Bids or separate Bids to the best advantage of the Department. The Department will not consider combination Bids, other than those it specifically identifies in the B id Documents. The Department will write separate Contracts for each individual Project included in the combination.

102.13 Opening of Bids . The Department will open Bids after the time and date designated in the

Proposal. The Department will publish the total Bid amount for each Bid. The Department may postpone the deadline for the receipt of Bids. If the Department changes the hour or the d ate of the deadline for receipt of Bids, it will issue an addendum or public notice to notify prospective Bidders.

102.14 Disqualification of Bidders. The Department will declare a Bid non -responsive and

ineligible for award when any of the following occur:

102.15 Material Guaranty. Before any Contract is awarded, the Department may require the Bidder

to furnish a complete statement of the origin, composition, and manufacture of any or all Materials to be used in the construction of the Work together with samples. The Department may test the samples as specified in these Specifications to determine their quality and fitness for the Work.

102.17 Drug -Free Safety Program. During the life of this project, the Contractor and all its

Subcontractors, that provide labor on the Project site, must be enrolled in and remain in good standing in the Ohio Bureau of Worker’s Compensation (“OBWC”) Drug-Free Safety Program (“DFSP”) or a comparable program approved by the OBWC. In addition to being enrolled in and in good standing in an OBWC-approved DFSP or a comparable program approved by the OBWC, the Department requires each Contractor and Subcontractor that provides labor, to subject its employees who perform labor on the project site to random drug testing of 5 percent of its employees. The random drug testing percentage must also include the on -site supervisors of the Contractors and Subcontractors. Upon request, the Contractor and Subcontractor shall provide evidence of required testing to the Department. Each Subcontractor shall require all lower-tier Subcontractors that provides labor on the project site with whom the Subcontractor is in contract for the Work to be enrolled in and be in good standing in the OBWC-approved DFSP prior to a lower-tier Subcontractor providing labor at the Site. The Department will declare a bid non -responsive and ineligible for award if the Contractor is not enrolled and in good standing in the Ohio Bureau of Workers’ Compensation ’s Drug -Free Safety Program (DFSP) Discount Program or a similar program approved by the Bureau of Workers’ Compensation within 8 days of the bid opening. Furthermore, the Department will deny all requests to sublet when the subcontractor does not comply with the provisions of this section. Failure of the Contractor to require a Subcontractor to be enrolled in and be in good standing in the an OBWC-approved DFSP prior to the time that the Subcontractor provides labor at the Site, shall result in the Contractor being found in breach of the Contract and that breach sha ll be used in the responsibility analysis of that Contractor or the Subcontractor who was not enrolled in a program for future contracts with the State for five years after the date of the breach.

Bidding Requirements and Conditions in other states

• Alaska 102 · BIDDING REQUIREMENTS AND CONDITIONS
• Arizona 102 · BIDDING REQUIREMENTS AND CONDITIONS
• Delaware 102 · BIDDING REQUIREMENTS AND CONDITIONS
• Georgia 102 · Bidding Requirements and Conditions
• Idaho 102 · BIDDING REQUIREMENTS AND CONDITIONS
• Indiana 102 · BIDDING REQUIREMENTS AND CONDITIONS
• Kansas 102 · Bidding Requirements and Conditions
• Missouri 102 · Bidding Requirements and Conditions