| Sec. 9.312. (A) If a state agency or political
subdivision | 8 |
|
is required by law or by an ordinance or resolution
adopted under | 9 |
|
division (C) of this section to award a contract to
the lowest | 10 |
|
responsive and responsible bidder, a bidder on the
contract shall | 11 |
be considered responsive if
histhe bidder's
proposal responds
to | 12 |
|
bid specifications in all material respects and contains no | 13 |
|
irregularities or deviations from the specifications which would | 14 |
affect the amount of the bid or otherwise give
himthe bidder a | 15 |
|
competitive
advantage. The factors that the state agency or | 16 |
|
political
subdivision shall consider in determining whether a | 17 |
|
bidder on the
contract is responsible include the experience of | 18 |
the bidder,
histhe bidder's
financial condition,
his conduct and | 19 |
performance on
previous
contracts,
his facilities,
his management | 20 |
skills, and
his ability
to execute the contract properly.
An | 21 |
| For purposes of this division, the provision of a bid | 22 |
|
guaranty in accordance with divisions (A)(1) and (B) of section | 23 |
|
153.54 of the Revised Code issued by a surety licensed to do | 24 |
|
business in this state is evidence of financial responsibility, | 25 |
|
but a state agency or political subdivision may request additional | 26 |
|
financial information for review from an apparent low bidder after | 27 |
|
it opens all submitted bids. A state agency or political | 28 |
|
subdivision shall keep additional financial information it | 29 |
|
receives pursuant to a request under this division confidential, | 30 |
|
except under proper order of a court. The additional financial | 31 |
|
information is not a public record under section 149.43 of the | 32 |
|
Revised Code. | 33 |
| An apparent low bidder found
not to be responsive and | 34 |
|
responsible shall be notified by the
state agency or political | 35 |
|
subdivision of that finding and the
reasons for it. Except for | 36 |
|
contracts awarded by the department
of administrative services | 37 |
|
pursuant to section 125.11 of the Revised Code, the
notification | 38 |
|
shall be given in writing and
by certified mail. When awarding | 39 |
|
contracts pursuant to section 125.11
of the Revised Code, the | 40 |
|
department may send such notice in writing by first class mail. | 41 |
| (B) Where a state agency or a political subdivision that
has | 42 |
|
adopted an ordinance or resolution under division (C) of this | 43 |
|
section determines to award a contract to a bidder other than the | 44 |
|
apparent low bidder or bidders for the construction, | 45 |
|
reconstruction, improvement, enlargement, alteration, repair, | 46 |
|
painting, or decoration of a public improvement, it shall meet | 47 |
|
with the apparent low bidder or bidders upon a filing of a timely | 48 |
|
written protest. The protest must be received within five days
of | 49 |
|
the notification required in division (A) of this section. No | 50 |
|
final award shall be made until the state agency or political | 51 |
|
subdivision either affirms or reverses its earlier determination. | 52 |
|
Notwithstanding any other provisions of the Revised Code, the | 53 |
|
procedure described in this division is not subject to Chapter | 54 |
|
119. of the Revised Code. | 55 |
| (C) A municipal corporation, township, school district, | 56 |
|
board of county commissioners, any other county board or | 57 |
|
commission, or any other political subdivision required by law to | 58 |
|
award contracts by competitive bidding may by ordinance or | 59 |
|
resolution adopt a policy of requiring each competitively bid | 60 |
|
contract it awards to be awarded to the lowest responsive and | 61 |
|
responsible bidder in accordance with this section. | 62 |