Ohio Admin. Code 123:5-1-07 - The invitation to bid process
(B) Notice of invitation to
bid
(1) The department shall post all
invitations to bid on the department's website or eProcurement solution. All
invitations to bid shall state the date and time by which bidder responses must
be received by the department, and the date and time the bids will be
opened.
(2) For ITBs set aside pursuant to
section 125.081 of the Revised Code, the invitation to bid shall be posted on
the department's website or eProcurement solution, and shall be sent
electronically to the last known email address of those competing persons whose
names appear on the certified minority business enterprise listing maintained
by the department.
(C) The department may conduct
conferences to discuss an ITB in the following manner:
(1) Pre-bid conferences may be
conducted prior to issuance of the ITB to discuss proposed bid specifications.
Information discussed may be used in the planning of the ITB. Notice of pre-bid
conferences shall be provided on the department's website or eProcurement
solution.
(2) Bid conferences may be conducted
after issuance of the ITB to explain the procurement requirements. Notice of a
bid conference shall be provided on the department's website or eProcurement
solution. Nothing stated at the bid conference shall change the ITB unless a
change is made by written amendment.
(D) Amendments to the ITB shall
reference the portions of the ITB it changes and shall be posted on the
department's website or eProcurement solution. Amendments shall be posted
within a reasonable time to allow prospective bidders to prepare bid responses.
Amendments may extend the time and date of bid opening.
(E) The department shall consider
the following upon receipt of a bid response:
(1) Upon receipt, each bid response
shall be time and date stamped but not opened and shall be stored in a secure
place until the time and date set for bid opening.
(2) All timely bid responses shall
be opened at the time, date, and place designated in the ITB. Pursuant to
section 9.28 of the Revised Code, opened bid responses shall not be available
for public inspection until the department announces the award of a contract
based on the competitive solicitation. As set forth in paragraph (E)(3) of this
rule, material designated by the bidder as a confidential trade secret shall
accompany the bid and shall be readily separable from the bid response in order
to facilitate public inspection of the non-confidential portion of the bid
response. Prices, makes, model, catalog numbers of the items offered,
deliveries, and terms of payment shall be available for public inspection
pursuant to section 9.28 of the Revised Code regardless of any designation to
the contrary.
(3) Any requests by the bidder for
nondisclosure of trade secrets or assertions by the bidder that information in
its proposal, or the entire proposal, is a trade secret shall be examined by
the department to determine the validity of the request or assertion. Bidder
requests or assertions must be in writing. If the department and bidder do not
agree upon the information identified or asserted as a trade secret, the bidder
shall be informed in writing by the department regarding what portions of the
proposal shall be disclosed. The bidder may withdraw its proposal at any time
prior to award of a contract. Bid responses shall be open to public inspection,
excluding trade secrets agreed upon by the department and bidder, upon award of
a contract.
(F) Any bid response received after
the time and date set for receipt of bid responses is late. Unless permitted or
requested by the department during evaluation, any withdrawal or modification
of a bid response received after the time and date set for opening of bid
responses at the place designated for opening is late. No late bid response,
late modification, or late withdrawal will be considered unless received before
contract award, and the bid response, modification, or withdrawal would have
been timely but for the action or inaction of the state. When deemed as late, a
bid response, modification, or withdrawal shall be marked as "late", remain
sealed and shall be retained in the bid file.
(G) Mistakes in ITBs
(1) Correction or withdrawal of a
bid response may be permitted due to an inadvertent mistake. If the mistake is
attributable to an error in judgment, the bid response may not be corrected.
Bid correction or withdrawal by reason of an inadvertent mistake is permissible
but only if it does not affect the amount of the bid response or otherwise give
the bidder a competitive advantage.
(2) A bidder may correct mistakes
discovered before the time and date set for bid opening by withdrawing or
correcting the bid response.
(3) When the department knows or has
reason to conclude that a mistake has been made, the department will request
the bidder to confirm the bid response. Situations in which confirmation will
be requested include obvious, apparent errors on the face of the bid response,
or a bid response unreasonably lower than other bid responses submitted, or a
clarification of terms, conditions or specifications offered by the
bidder.
(1) The products, supplies or
services are not in compliance with the requirements, specifications, and terms
and conditions set forth in the ITB; or
(2) Pricing offered is determined to
be excessive in comparison with existing market conditions, or exceeds the
available funds of the procuring entity; or
(3) It is determined that awarding
of any or all items will not be in the best interest of the
state.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 125.02, 125.09, 125.11
Rule Amplifies: R.C. 9.312, 125.02, 125.07, 125.08, 125.081, 125.09; 125.10, 125.11
Prior Effective Dates: 02/02/1982, 08/30/1984, 05/05/1995, 03/28/2014, 03/09/2020
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