Ohio Administrative Code › Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction) › Chapter 153:1-8 - Electronic Bidding › Section 153:1-8-01 - Electronic bidding

Current through all regulations passed and filed through July 1, 2024
(A) When bids are required for a public
			 improvement project and the state and state institutions of higher education as
			 defined in section 3345.011 of the Revised Code
			 (collectively referred to as the state) elect to accept bids through an
			 electronic bidding system, the state shall comply with this rule and require
			 all bids to be submitted exclusively through the state's enterprise electronic
			 bidding module for construction.
(B) At the time it first advertises for the
			 solicitation of bids, the state may require interested bidders to register to
			 use the state's enterprise electronic bidding system or to subscribe to a
			 web-based subscription service as part of the state's electronic bidding module
			 for construction. The state shall notify all interested bidders of any
			 registration requirements, including but not limited to any terms of use, and
			 the estimated time frame to complete the process. Any electronic
			 bidding system used by the state shall be capable of issuing a unique vendor
			 identification .
(C) The state may require interested bidders
			 to pay a  fee
			  to use the state's
			 enterprise electronic bidding system or may require interested bidders to
			 subscribe to a web-based subscription service as part of the state's electronic
			 bidding module for construction at their own cost. The state may waive any
			  fees for
			 members of diversity and inclusion programs required by the public authority or
			 by applicable law, or other good cause shown.
(D) The state may provide assistance or
			 training to interested bidders on the proper use of the electronic bidding
			 software or web-based subscription service. The state may establish a process
			 by which bidders can receive technical assistance if needed prior to the
			 submission of any bid. The training or technical assistance may be in the form
			 of paper or online job aides, webinars, classroom training, or
			 help
			 desk assistance. The state's technical assistance or lack of technical
			 assistance during the bidding process shall not relieve the interested bidder
			 of the obligation to properly submit a bid.
(E) The state shall include notice of the
			 availability of electronic bidding in any legal notice or advertisement of the
			 public improvement project . Interested bidders are
			 responsible for proper registration in the state's enterprise electronic
			 bidding system or web-based subscription service prior to submitting a
			 bid. All electronic bids considered by the state shall be received prior
			 to the published bid deadline.
(F)
			 All modifications of the applicable electronic bid form by the state for a
			 specific project shall be announced in an addendum published through the
			 electronic bidding system.
(G) The
			 state may require interested bidders to include supplemental information with
			 their electronic bid. All unsolicited supplemental bid information submitted by
			 a bidder shall be ignored by the state when reviewing the bid and awarding the
			 contract.
(H) For all bids filed
			 electronically, an electronic copy of the bid guaranty shall be included with
			 all bid submissions in accordance with section
			 153.08 of the Revised Code. The
			 original, unaltered bid guaranty shall be delivered to the public authority
			 within three business days after the public bid opening.
(I) The state may establish a method for
			 interested bidders to gain access to a computer for general public use in order
			 to submit an electronic bid.
(J)
			 The state's electronic bidding process shall allow interested bidders to
			 submit, resubmit and withdraw a bid prior to the bid deadline. All electronic
			 information submitted by interested bidders within the electronic bidding
			 software or a web-based subscription service shall be protected from view by
			 any other bidder or the state prior to the bid deadline.
(K) The state shall establish a process for
			 interested bidders to electronically certify their identity and the validity of
			 their submitted bid.
(L) After the
			 bid deadline, the state shall publicly issue the bid tabulation by electronic
			 means.
(M) The state shall
			 establish a process to verify when bid information and other relevant data are
			 received in order to address any bid protests due to technical issues
			 encountered in submitting electronic bids. The state shall not be held liable
			 if an interested bidder is unable to submit a complete bid prior to the
			 published deadline due to technical issues or obstructions and the inability or
			 failure of an interested bidder to submit a complete bid shall not constitute
			 sufficient grounds for a bid protest by a disappointed bidder seeking the award
			 of the contract. The state may communicate to interested bidders to submit bids
			 well in advance of the published deadline to ensure the bid is received on
			 time.
(N) Any tampering with the
			 electronic bidding system, the electronic bidding process or bid documents by
			 an interested bidder shall result in the bid of such bidder being rejected by
			 the state.
Effective: 1/13/2017
Five Year
				Review (FYR) Dates: 10/28/2016 and
				01/13/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 153.08
Rule
				Amplifies: 153.08
Prior
				Effective Dates: 02/02/2012