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
the estimated quantities shown in the Proposal and the unit Bid prices.
If the amount shown for the proposed product differs from the actual product of
the unit Bid price and the estimated quantity, then the actual product will
govern.
The Department
may reject 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 the 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 apparent
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 Department 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 return 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 prescribed form, in the amount of the Department’s estimate, 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 Contract 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.