Effective: August 1, 1980
Latest Legislation: Senate Bill 157 - 113th General Assembly
A bidder for a contract with the state or any political subdivision, district, institution, or other agency thereof, excluding therefrom the Ohio department of transportation, for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, highway, or other improvement may withdraw his bid from consideration if the price bid was substantially lower than the other bids, providing the bid was submitted in good faith, and the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, or material made directly in the compilation of the bid. Notice of a claim of right to withdraw such bid must be made in writing filed with the contracting authority within two business days after the conclusion of the bid opening procedure.
No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder.
No bidder who is permitted to withdraw a bid shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted, without the approval of the contracting authority. The person to whom the contract was awarded and the withdrawing bidder are jointly liable to the contracting authority in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval, in addition to the penalty provided in section 2913.31 of the Revised Code.
If a bid is withdrawn under authority of this section, the contracting authority may award the contract to the next lowest bidder or reject all bids and resubmit the project for bidding. In the event the contracting authority resubmits the project for bidding the withdrawing bidder shall pay the costs, in connection with the resubmission, of printing new contract documents, required advertising, and printing and mailing notices to prospective bidders, if the contracting authority finds that such costs would not have been incurred but for such withdrawal.
The contracting authority, if it intends to contest the right of a bidder to withdraw a bid, shall hold a hearing thereon within ten days after the opening of such bids and issue any order allowing or denying the claim of such right within five days after such hearing is concluded. The contracting authority shall give to the withdrawing bidder timely and reasonable notice of the time and place of any such hearing. The contracting authority shall make a stenographic record of all testimony, other evidence, and rulings on the admissibility of evidence presented at the hearing. Such order may be appealed under section 119.12 of the Revised Code. The bidder shall pay the costs of the hearing.
In the event the contracting authority denies the claim for withdrawal and the bidder elects to appeal or otherwise refuses to perform, the contracting authority may reject all bids or award to the next lowest bidder.
Structure Ohio Revised Code
Section 9.01 | Official Records - Preserving and Maintaining.
Section 9.02 | Inspection and Review of Financial Institution Records.
Section 9.03 | Newsletters of Political Subdivisions.
Section 9.04 | State Funds for Nontherapeutic Abortion Benefits.
Section 9.041 | Childbirth Preferred Over Abortion.
Section 9.06 | Private Operation and Management of Initial Intensive Program Prison.
Section 9.07 | Correctional Facility to House Out-of-State Prisoners.
Section 9.08 | Improper Internet Access - Private Correctional Facilities.
Section 9.10 | Facsimile Signature Defined.
Section 9.11 | Public Officials Using Facsimile Signature.
Section 9.12 | Validity of Instrument With Facsimile Signature.
Section 9.13 | Highway Project Not Located Within Subdivision Boundaries.
Section 9.14 | Loss of Funds Occasioned by Use of Duly Adopted Facsimile Signature.
Section 9.15 | Burial or Cremation of Body at Expense of Township or Municipal Corporation.
Section 9.16 | Governmental Use of Distributed Ledger Technology.
Section 9.21 | Policies Regarding Political Subdivisions That Hold Credit Card Accounts.
Section 9.22 | Use of Debit Card Accounts.
Section 9.23 | Disbursements by Government Entities Definitions.
Section 9.231 | Disbursements Over $25,000 - Contract Required - Exceptions.
Section 9.232 | Contract for Disbursements.
Section 9.233 | Recipient of Disbursements Entitled Only to Contract Payment Earned.
Section 9.234 | Records and Reports by Recipient - Financial Review - Financial Audit.
Section 9.235 | Records Open to Government Inspection.
Section 9.236 | Recipient to Repay Excess Payment - Civil Action to Recover.
Section 9.237 | Rules Governing Terms of Disbursement Contracts.
Section 9.238 | Form for Financial Reviews and Rules for Audit Reports.
Section 9.239 | Allocation of Federal Energy Efficient Building Deduction.
Section 9.24 | Findings for Recovery.
Section 9.241 | Civil Action for Recovery of Money.
Section 9.242 | Debarred Vendors; Participation in State Contracts.
Section 9.25 | Purchase of Surplus Commodities From Federal Government.
Section 9.26 | Gifts or Grants of Federal Property.
Section 9.27 | State Contracts - Invalid Terms and Conditions.
Section 9.28 | Competitive Solicitation as Public Record.
Section 9.29 | Multi-Year Asset Management Professional Service Contracts.
Section 9.30 | Public Utility Service Without Bidding and Notice.
Section 9.31 | Erroneous Bids.
Section 9.311 | Bonds Accompanying Bid to Be Executed by Approved Surety.
Section 9.312 | Factors to Determine Whether Bid Is Responsive and Bidder Is Responsible.
Section 9.313 | Reduction of Performance Bond After Substantial Performance.
Section 9.314 | Purchasing Services or Supplies by Reverse Auction.
Section 9.316 | Injunctive Relief.
Section 9.317 | Purchase of Supplies or Services by Reverse Auction.
Section 9.32 | Notification of Surety and Agent of Construction Contract Award.
Section 9.33 | Construction Management Services Definitions.
Section 9.331 | Notice of Accepting Bids for Construction Manager or Construction Manager at Risk.
Section 9.332 | Selection of and Contract With Construction Manager.
Section 9.333 | Financial Assurance to Be Provided by Construction Manager.
Section 9.334 | Evaluation of Most Qualified Proposals; Pricing Proposals; Contract Negotiations.
Section 9.335 | Construction of Statutes With Other Code Provisions.
Section 9.34 | Fiscal Year and Period of State and Political Subdivisions.
Section 9.35 | Contracts for Ministerial Duties by Public Officials.
Section 9.36 | Contract for Services of Fiscal and Management Consultants.
Section 9.361 | Payroll Deduction Benefit Program.
Section 9.37 | Direct Deposits.
Section 9.38 | Deposit of Public Moneys.
Section 9.39 | Liability for Public Money Received or Collected - Unclaimed Money.
Section 9.40 | Payroll Deduction for United States Savings Bonds.
Section 9.41 | Payroll Accounts.
Section 9.42 | Municipal Income Tax Deductions.
Section 9.43 | Savings in Share Accounts in Chartered Credit Unions Deductions.
Section 9.44 | Prior Public Service Counted in Computing Vacation Leave.
Section 9.441 | Continuing Rights or Benefits for Prior Service.
Section 9.45 | Nonprofit Debt Pooling Company Deductions.
Section 9.46 | u.s. Olympic Participation Leave.
Section 9.47 | Certificate of Compliance With Affirmative Action Programs.
Section 9.48 | Joint Purchasing Programs.
Section 9.481 | Residency Requirements Prohibited for Certain Employees.
Section 9.482 | Contracting for Services Between Political Subdivisions.
Section 9.483 | Sale and Leaseback Agreements.
Section 9.49 | Transparency in Contracts Between State and Private Attorneys.
Section 9.492 | Contingency Fee Contract With Private Attorney.
Section 9.493 | Contract With Private Attorney Outside Ohio.
Section 9.494 | Publication of Contract.
Section 9.495 | Annual Report.
Section 9.496 | Applicability.
Section 9.498 | Legislative Intent.
Section 9.50 | Display of the Pow/mia Flag During Normal Business Hours at Public Buildings.
Section 9.54 | Accessibility Signs.
Section 9.55 | Installation of Teletypewriters for Deaf or Hearing-Impaired at State Agencies.
Section 9.56 | Plans and Drawings for Public Buildings Filed With County Recorder.
Section 9.57 | Closure of Places of Worship.
Section 9.58 | Court Settlements That Conflict With the Revised Code.
Section 9.61 | Residency Not Required for Fire Chief.
Section 9.62 | Purchase of Police Dog or Horse.
Section 9.63 | Compliance With Lawful Requests Under Patriot Act.
Section 9.65 | Annuity Program for Volunteer Fire Fighters.
Section 9.661 | Liens to Secure Performance on Development Loans and Property Tax Incentives.
Section 9.67 | Restrictions on Owner of Professional Sports Team That Uses a Tax-Supported Facility.
Section 9.68 | Regulation of Arms Prohibited - Challenging Political Subdivisions.
Section 9.69 | Duties and Status of Law Enforcement Officer.
Section 9.70 | Permission for Street on Lands of Public Institution.
Section 9.73 | Public Employer Inquiries Regarding Criminal Background.
Section 9.74 | Victims of Dissemination of Image.
Section 9.75 | Requirement for Employment of Local Laborers Prohibited.
Section 9.76 | Boycott Provisions in Certain Contracts.
Section 9.78 | Determination of Effect of Criminal Conviction by Licensing Authority.
Section 9.79 | Limitations on Initial License Refusal.
Section 9.80 | Contribution to Charity Deductions.
Section 9.81 | Payroll Deduction Plans.
Section 9.82 | Risk Management and Insurance Programs Definitions.
Section 9.821 | Office of Risk Management.
Section 9.822 | Insurance and Bonds.
Section 9.823 | Risk Management Reserve Fund.
Section 9.83 | Liability Insurance for Public Employees.
Section 9.833 | Self-Insurance Program for Health Care Benefits.
Section 9.835 | Energy Price Risk Management Contract.
Section 9.84 | Witness Has Right of Counsel - Participation in Hearing Limited.
Section 9.85 | Immunity of Public Officers and Employees Definitions.
Section 9.86 | Immunity of Public Officers and Employees.
Section 9.87 | Indemnification of Public Officers and Employees.
Section 9.871 | Indemnification of Correctional Employee.
Section 9.88 | Immunity of Federal Law Enforcement Officers.
Section 9.90 | Purchase or Procurement of Insurance for Educational Employees.
Section 9.91 | Placement or Purchase of Tax-Sheltered Annuity for Educational Employees.
Section 9.911 | Annuity Contracts and Custodial Accounts.
Section 9.92 | Citizens' Reward Program.
Section 9.94 | Fractionalized Interests in Any One or More Public Obligations.
Section 9.95 | Maximum or Maximum Average Annual Interest Rate on Public Securities.
Section 9.96 | Issue Public Securities.
Section 9.97 | Exemption of Bond Interest From Income Tax.
Section 9.98 | Bond Financing Definitions.
Section 9.981 | Applicability.