Ohio Administrative Code › Title 3354:2 - Lakeland Community College › Chapter 3354:2-37 - Policies on Works of Improvement › Section 3354:2-37-02 - Responsible contracting practices for works of improvement

Current through all regulations passed and filed through July 1, 2024
(A)
								The board of trustees desires to obtain quality
			 workmanship, efficient operation, safety and timely completion of works of
			 improvement from the lowest responsive and responsible bidder. A bidder shall
			 be considered responsive if their proposal meets or exceeds specifications. A
			 bidder shall be considered responsible if the bidder's experience, financial
			 condition, performance on previous contracts, facilities and personnel to
			 execute the contract properly are acceptable. The contract awarded will be to
			 the lowest responsible bidder complying with conditions of the invitation to
			 bid, provided that the bid is reasonable and it is in the interest of the
			 district to accept it. The district, however, reserves the right to reject any
			 and all bids or parts thereof or items therein and to waive any informality in
			 bids received whenever such rejection or waiver is in the interest of the
			 district. The district also reserves the right to not award a contract to the
			 low bidder if it is determined by the district that the low bid is not in the
			 best interest of the district.
(B)
								Each bidder shall
			 supply information necessary to ascertain the pecuniary and financial
			 responsibility, accountability, reliability, skill, capacity, judgment and past
			 experience as set forth in
								paragraph (D) of this policy. In the event the apparent
			 lowest bidder fails to furnish the requested information as set forth in
								paragraph (D)
			 of this policy, any of the information provided is false, or the information
			 provided demonstrates a lack of responsibility, the apparent lowest bidder may
			 be rejected and disqualified and in said event the next lowest bidder shall
			 become the apparent lowest responsive and responsible bidder.
(C)
								This policy shall
			 apply to all contracts for works of improvement estimated to cost in excess of
			 one hundred thousand Dollars
(D)
								Each bidder shall supply and certify to the accuracy of
			 the following information relative to projects engaged by the bidder within the
			 last five years:
(1)
									A description of its experience with projects of
			 comparable size, complexity, and cost demonstrating the contractor's ability
			 and capacity to perform a substantial portion of the project with their own
			 forces;
(2)
									Identification and description of any projects where
			 the contractor was determined by a public entity not to be a responsible bidder
			 although it was the apparent lowest bidder, the reasons given by the public
			 entity and an explanation thereof;
(3)
									Disclosure of any
			 OSHA violation resulting in fines;
(4)
									Disclosure of any
			 violations pertaining to unlawful intimidation or discrimination against any
			 employee by reason of race, c reed, color, disability, sex, religion, national
			 origin or employees civil rights or equal employment
			 opportunities;
(5)
									Disclosure of any adverse judgments in an action
			 involving a claim for personal injury or wrongful death arising from the
			 performance of work related to any project in which it has been
			 engaged;
(6)
									Disclosure of any adverse judgments for nonpayment or
			 nonperformance;
(7)
									Disclosure of violations of the prevailing wage law or
			 any other state or federal labor laws;
(8)
									Disclosure of any
			 workers' compensation laws;
(9)
									Disclosure of any
			 felony convictions involving the contractor, its officers, directors or
			 owners;
(10)
									Disclosure of any violations of environmental and/or
			 health laws, codes, rules and/or regulations;
(11)
									Disclosure and
			 confirmation that all apprentices used by the bidder on the project are trained
			 in a program approved by the United States department of labor or the Ohio
			 apprenticeship council;
(12)
									Identification of work to be subcontracted and the
			 value of such work, the names of all major subcontractors, and confirmation by
			 the bidder that it has or will advise said subcontractors that they are
			 obligated to the same levels of responsibility as the
			 bidder/contractor.