2010 Construction and Material Specifications - Ohio Department of ...

103.02
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.
104 SCOPE OF WORK
104.01 Intent of the Contract Documents. The intent of the Contract
Documents is to provide for the construction and completion of the Work.
Perform the Work according to the Contract Documents.
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