102 BIDDING 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.

102.02 Contents of Bidding Documents. Use the Proposal to prepare and submit Bids for the Work. Upon request, the Department will provide Bidding Documents that include or reference the following:

A.     Location and description of the Project.
B.      Estimate of quantities and description of the Work.
C.     Time to complete the Work.
D.     Amount of the Proposal Guaranty.
E.      Department’s deadline for receiving a completed Bid.
F.      Schedule of contract items.
G.     Standard Specifications, Special Provisions, Supplemental Specifications, and the Plans.
H.     Proposal.

102.03 Issuance of Proposals.
A. General. Upon request, the Department will provide applicable rates and other relevant information for obtaining bidding information and submitting a Bid.

B. Department Will Not Issue. The Department may refuse to sell or issue Bidding Documents to a prospective Bidder for any of the following reasons:

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 Bidding Documents and Site of Work. Carefully examine the Bidding 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 District or other offices, one or more of the following:

A.     Record drawings.
B.      Available information relative to subsurface exploration, borings, soundings, water levels, elevations, or profiles.
C.     The results of other preliminary investigations.

102.06 Preparation of Bids. Prepare a Bid according to this subsection and the requirements found in the Bidding Documents. Include a completed computerized Proposal produced and printed from software specified in the Bidding Documents rather than completing it by handwriting, typing, or using unauthorized computer-generated forms.

Provide a unit price for each item listed on 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. Include a diskette containing the computerized Proposal.

If a unit price or lump sum price already entered on the Proposal needs to be altered, cross out the entered unit price or lump sum price with ink, enter the new price above or below, and initial it in ink.

Properly execute the Proposal. Place the required signatures, in ink, in the space provided on the Proposal as indicated below:

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 Contract Documents. Notify the Department of errors and omissions in the Bidding Documents. 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. Notify the Office of Construction Administration or any other office designated by the Department for receipt of bidding questions and providing information to the Bidder. The Office of Construction Administration or any other designated office will determine the manner in which the said questions are answered or information is distributed.

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

A.     Properly executed project Bid bond submitted on the Department’s form.
B.      Properly executed annual Bid bond submitted on the Department’s form.
C.     Certified check drawn on the account of the Bidder submitting the Bid.
D.     Cashier’s check.

When submitting a Bid bond, ensure that the Surety is licensed to do business in the State.

If the Department invites alternate Bids and the Bidder elects to Bid more than one alternate, the Bidder may submit one Proposal Guaranty in the amount required for a single alternate. The Proposal Guaranty covers each individual Bid.

If the Department invites combined Bids and the Bidder elects to Bid only on one package, then the Bidder must submit only one Proposal Guaranty. If the Bidder bids on the combined Bid package, the Bidder must submit a Proposal Guaranty in the amount required for the combined Bid. The combined Proposal Guaranty covers each individual Bid.

102.10 Delivery of Bid. Place each completed Proposal and the Proposal Guaranty in a sealed envelope furnished by the Department. On each envelope, indicate the Proposal number and the name of the Bidder. For mailed submittals, mark the sealed envelope as indicated above and enclose it in an additional envelope. The Department will accept Bids at the place, until the time and date designated in the Notice to Bidders. The Department will return Bids received after the designated time to the Bidders unopened.

102.11 Withdrawal of Bids. Provide a written request to withdraw a Bid already filed with the Department. Submit the withdrawal request before the deadline set for receiving Bids. The Bidder named on a withdrawn Bid cannot subsequently submit another Bid on that Contract unless the Department issues a new Invitation for 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.

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 Bid Documents. The Department will write separate Contracts for each individual Project included in the combination.

102.13 Public Opening of Bids. The Department will publicly open Bids at the time and place indicated in the notice to Contractors. The Department will read the total Bid amount for each Bid.

Bidders or their authorized agent and other interested persons are invited to the opening.

The Department may postpone the receipt of Bid time or the opening of Bids time. If the Department changes the hour or the date of the receipt of Bids or the opening 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:

A.     The Bidder lacks sufficient prequalification work types or dollars to be eligible for award.
B.      The Bidder fails to furnish the required Proposal Guaranty in the proper form and amount.
C.     The Bid contains unauthorized alterations or omissions.
D.     The Bid contains conditions or qualifications not provided for in the Bidding Documents.
E.      The Proposal is not prepared as specified.
F.      A single entity, under the same name or different names, or affiliated entities submits more than one Bid for the same Project.
G.     The Bidder fails to submit a unit price for each contract item listed, except for lump sum items where the Bidder may show a price in the “Bid Amount” column for that item.
H.     The Bidder fails to submit a lump sum price where required.
I.       The Bidder fails to submit a complete EBS-generated Proposal and diskette.
J.       The Bidder is debarred from submitting Bids.
K.     The Bidder has defaulted or has had a Contract terminated for cause by the Department and has either agreed not to Bid or has had debarment proceedings initiated against the Bidder’s company and its key personnel.
L.      The Bidder submits its Bid or Proposal Guaranty on forms other than those provided by the Department.
M.     The Bidder fails to submit a properly completed supplemental questionnaire inclusive of signatures and notarization.
N.     The Bidder submits a Materially Unbalanced Bid as defined by 102.08.
O.     The Bidder fails to acknowledge addenda.
P.      The Department finds evidence of collusion.
Q.     Any other omission, error, or act that, in the judgment of the Department, renders the Bidder’s bid non-responsive.

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.