102.15 22 102.15 Material Guaranty. Before any Contract is awarded, the Department may require the Bidder to furnish a com plete 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 fi tness for the Work.
102.16 Certificate of Compliance with Affirmative Action Programs . Before
any Contract is awarded, the Department will require the Bidder to furnish a valid Certificate of Compliance with Affirmative Action Programs, issued by the State EEO Coordinator dated prior to the date fixed for the opening of bids.
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 Bur eau 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 shall 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. 103 AWARD AND EXECUTION OF CONTRACT
103.01 Consideration of Proposals. After opening and announcing the Bids,
the Department will compare the Bidders’ proposed prices. The proposed price is the summation of the products of th e estimated quantities shown in the Proposal and the unit Bid prices. If the amount shown for the proposed product differs from the 103.02 23 actual product of the unit Bid price and the estimated quantity, then the actual product will govern. The Department may rej ect any or all Bids, waive technicalities, or advertise for new Bids without liability to the Department.
103.02 Award of Contract. The Department will award a Contract or reject
Bids within 10 days after Bid opening. The Department will mail a letter to t he address on the Bid notifying the successful Bidder of Bid acceptance and Contract award. The Department will award to the lowest competent and responsible bidder. The Department will not award a Contract until it completes an investigation of the appare nt low Bidder. If the Department’s estimate for the cost of the improvement is not confidential, the Department will not award a Contract for an amount greater than 5 percent more than the Department’s estimate. If the Department’s estimate is confidential , the Department may award the Contract according to ORC 5525.15.
103.03 Cancellation of Award. The Department may cancel a Contract award
at any time before all parties sign the Contract without liability to the Department.
103.04 Return of Proposal Guaranty. Immediately after the opening and
checking of Bids, the Department will return all Proposal Guaranties provided in the form of a certified check or cashier’s check, except to the three lowest Bidders. Within 10 days after opening bids, the Depart ment will return the Proposal Guaranties of the two remaining unsuccessful Bidders. After the successful Bidder submits the signed Contract, Contract Bonds, and other Contract Documents, and after the Department signs the Contract, the Department will retu rn the Proposal Guaranty to the successful Bidder. The Department will not return Bid bonds.
103.05 Requirement of Contract Bond. Furnish Contract Bonds within 10
days after receiving notice of award. Furnish Contract Bonds to the Director on the prescribe d form, in the amount of the Contract, and according to ORC 5525.16.
103.06 Execution of Contract. Sign and return the Contract, along with the
certificate of compliance, Contract Bonds, and other required Contract Documents, within 10 days after notice of award. The State does not consider a proposal binding until the Director signs the Contract. If the Director does not sign the Contract within 20 days after receiving the successful Bidder’s signed Contract, certificates, Contract Bonds, and other Contrac t Documents, the successful Bidder may withdraw the Bid without prejudice.
103.07 Failure to Execute Contract. If the successful Bidder fails to sign the
Contract and furnish the Contract Bonds, the Department will have just cause to cancel the award. The successful Bidder shall forfeit the Proposal Guaranty to the Department, not as a penalty, but as liquidated damages. The Department may award the Contract to the next lowest responsive Bidder, re -advertise the Work, or take any other action decided by the Director.