Effective: November 2, 2018
Latest Legislation: House Bill 34 - 132nd General Assembly
(A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage. The factors that the state agency or political subdivision shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, the bidder's financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly.
For purposes of this division, the provision of a bid guaranty in accordance with divisions (A)(1) and (B) of section 153.54 of the Revised Code issued by a surety licensed to do business in this state is evidence of financial responsibility, but a state agency or political subdivision may request additional financial information for review from an apparent low bidder after it opens all submitted bids. A state agency or political subdivision shall keep additional financial information it receives pursuant to a request under this division confidential, except under proper order of a court. The additional financial information is not a public record under section 149.43 of the Revised Code.
An apparent low bidder found not to be responsive and responsible shall be notified by the state agency or political subdivision of that finding and the reasons for it. Except for contracts awarded by the department of administrative services pursuant to section 125.11 of the Revised Code, the notification shall be given in writing and either by certified mail or, if the state agency or political subdivision has record of an internet identifier of record associated with the bidder, by ordinary mail and by that internet identifier of record. When awarding contracts pursuant to section 125.11 of the Revised Code, the department may send such notice in writing by first class mail or by electronic means.
(B) Where a state agency or a political subdivision that has adopted an ordinance or resolution under division (C) of this section determines to award a contract to a bidder other than the apparent low bidder or bidders for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement, it shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification required in division (A) of this section. No final award shall be made until the state agency or political subdivision either affirms or reverses its earlier determination. Notwithstanding any other provisions of the Revised Code, the procedure described in this division is not subject to Chapter 119. of the Revised Code.
(C) A municipal corporation, township, school district, board of county commissioners, any other county board or commission, or any other political subdivision required by law to award contracts by competitive bidding may by ordinance or resolution adopt a policy of requiring each competitively bid contract it awards to be awarded to the lowest responsive and responsible bidder in accordance with this section.
(D) As used in this section, "internet identifier of record" means an electronic mail address, or any other designation used for self-identification or routing in internet communication or posting, provided for the purpose of receiving communication.
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.