Effective: September 10, 2012
Latest Legislation: House Bill 487 - 129th General Assembly
(A) Each construction manager at risk and design-build firm shall establish criteria by which it will prequalify prospective bidders on subcontracts awarded for work to be performed under the construction management or design-build contract. The criteria established by a construction manager at risk or design-build firm shall be subject to the approval of the public authority involved in the project and shall be consistent with the rules adopted by the Ohio facilities construction commission pursuant to section 153.503 of the Revised Code.
(B) For each subcontract to be awarded, the construction manager at risk or design-build firm shall identify at least three prospective bidders that are prequalified to bid on that subcontract, except that the construction manager at risk or design-build firm shall identify fewer than three if the construction manager at risk or design-build firm establishes to the satisfaction of the public authority that fewer than three prequalified bidders are available. The public authority shall verify that each prospective bidder meets the prequalification criteria and may eliminate any bidder it determines is not qualified.
(C) Once the prospective bidders are prequalified and found acceptable by the public authority, the construction manager at risk or design-build firm shall solicit proposals from each of those bidders. The solicitation and selection of a subcontractor shall be conducted under an open book pricing method. As used in this division, "open book pricing method" has the same meaning as in section 9.33 of the Revised Code, in the case of a construction manager at risk, and the same meaning as in section 153.65 of the Revised Code, in the case of a design-build firm.
(D) A construction manager at risk or design-build firm shall not be required to award a subcontract to a low bidder.
Structure Ohio Revised Code
Chapter 153 | Public Improvements
Section 153.011 | Using Domestic Steel Products in State Supported Projects.
Section 153.012 | Preference to Contractors Having Principal Place of Business in Ohio.
Section 153.02 | Debarment of Contractor From Contract Awards.
Section 153.03 | Contracts to Require Drug-Free Workplace Program.
Section 153.031 | Rc 153.03 Requirements Limited to State Improvements.
Section 153.04 | Forms for Providing Bidding Information - Life-Cycle Costs.
Section 153.05 | Actions to Enforce Bond.
Section 153.06 | Form of Bids.
Section 153.07 | Publishing Notice of Bids.
Section 153.08 | Opening Bids and Awarding Contract.
Section 153.09 | New Proposals When Necessary - Change in Work or Materials.
Section 153.10 | No Change in Plans Without Approval of Owner.
Section 153.11 | Change of Plans Becomes Part of Original Contract.
Section 153.12 | Awarding and Executing Contract.
Section 153.13 | Estimates of Labor and Materials - Funds in Escrow Account.
Section 153.15 | Assessment of Asbestos Hazard.
Section 153.17 | Requisition Upon Contractor for Additional Specific Force or Materials.
Section 153.18 | Certification of Additional Force or Materials.
Section 153.19 | Contract Shall Contain Provision as to Time of Completion.
Section 153.20 | Duty of Attorney General.
Section 153.21 | Building Commission.
Section 153.22 | Compensation of Commissioners.
Section 153.23 | Expenses of Building Commission.
Section 153.24 | Oath and Bond.
Section 153.27 | Architects - Superintendents - Employees.
Section 153.28 | Plans, Drawings, and Cost Estimates Filed With County Auditor.
Section 153.29 | Proceedings of Building Commission.
Section 153.30 | Record of Proceedings.
Section 153.31 | Plans and Estimates for Construction - Construction Project Manager or Consultants.
Section 153.311 | Construction of Public Building in Stages.
Section 153.32 | Contracts for Erection and Repair of Superstructures.
Section 153.33 | Bids on Other Plans May Be Considered.
Section 153.34 | Contents of Advertisement.
Section 153.35 | Plans Shall Be Kept on File in County Auditor's Office.
Section 153.36 | Approval of Plans for Courthouse or Jail.
Section 153.37 | Approval of Plans for County Home.
Section 153.38 | Approval of Plans for Bridge.
Section 153.39 | Approval of Plans for Children's Home.
Section 153.44 | Contracts Submitted to Prosecuting Attorney.
Section 153.45 | Commissioners May Annul Old and Make New Contracts.
Section 153.49 | Duty of County Treasurer.
Section 153.50 | Separate Bids for Work and Materials.
Section 153.502 | Construction Management or Design-Build Contracts; Prequalification of Bidders.
Section 153.503 | Adoption of Rules.
Section 153.51 | Separate Contracts - Single, Aggregate Contract.
Section 153.52 | Awarding of Contracts to Separate Bidders.
Section 153.53 | Adjusting Threshold in Section 153.01 for Inflation.
Section 153.54 | Bid Guaranty to Be Filed With Bid.
Section 153.56 | Creditor Shall Furnish Statement of Amount Due - Service of Notice of Furnishing.
Section 153.57 | Form of Bond.
Section 153.571 | Form of Bond.
Section 153.581 | Contracts for Construction Definitions.
Section 153.591 | Hiring Hall Contract or Agreement.
Section 153.61 | Agreement for Joint Construction and Management.
Section 153.62 | Issuing Change Order for Additional Work.
Section 153.63 | Agreement for Escrow Account for Contractor.
Section 153.65 | Professional Design Services Definitions.
Section 153.66 | Submitting Statement of Qualifications.
Section 153.67 | Announcing Contracts Available for Professional Design or Design-Build Services.
Section 153.68 | Instituting Prequalification Requirements.
Section 153.69 | Evaluating and Selecting Firms.
Section 153.691 | No Fee Estimate on Contract for Professional Design Services.
Section 153.692 | Obtaining Services of Criteria Architect or Engineer.
Section 153.693 | Evaluation of Design-Build Firms.
Section 153.694 | Conflicts of Interest.
Section 153.70 | Requiring Professional Liability Insurance.
Section 153.71 | Administrative Rules.
Section 153.72 | Authority of Design-Build Firm.
Section 153.73 | Construction of Statutes.
Section 153.80 | Reducing Bond.
Section 153.81 | Indemnity Provisions in Public Works Design Contracts.
Section 153.83 | Hearings Related to Contractor Labor Agreements.