Current through all regulations passed and filed through September 16, 2024
(A) Threshold for competitive bidding. A
capital improvement project, whether local or state funded, with a project cost
of
two
hundred thousand dollars and above must follow a formal competitive
bidding process, including advertising, in accordance with section
9.312, section
3358.10 and Chapter 153. of the
Revised Code.
(1) Improvement projects with a
total project cost equal to or greater than
two hundred
thousand dollars shall be advertised after the notice calling for bids has been
published once a week for three consecutive weeks in at least one newspaper of
general circulation within the Owens community college district where the work
is to be done.
(2) The board of
trustees shall approve the contract of the recommended lowest responsive and
responsible bidder. Such contracts shall be accompanied by or shall refer to
plans and specifications for the work to be done. Such contracts shall be
signed by the board of trustees chairperson and by the contractor.
(3) The treasurer/chief financial officer
shall certify there are sufficient funds for the project in accordance with
section 3358.10 of the Revised
Code.
(4) The college shall obtain
a bid bond and performance and payment bond for all projects with a total
project cost equal to or greater than
two hundred thousand dollars.
(5) A project may not be divided into
separate projects to avoid competitive bidding.
(6) Thresholds are based on total project
cost, not contract cost, regardless of the source of funds.
(B) Project below threshold. A
capital improvement project with a total project cost less than
two
hundred thousand dollars is not required to follow the formal competitive
bidding process
A project below the
threshold shall be in accordance with the rule
3358:11-4-12 of the
Administrative Code (purchasing policy).
The college will make a
case-by-case decision as to when a bid bond and performance and payment bond
will be required for construction projects that cost less than
two
hundred thousand dollars. In general, a bond will be required for all
projects for which the total cost is equal to or greater than
two hundred
thousand dollars, and for all projects of any cost involving demolition,
excavation, utility work, hazardous materials, specialized work, or
roofing.
(C) Prevailing wage
projects. All prevailing wage projects shall be managed by the college's
prevailing wage coordinator.
(1) For
improvement projects with a total project cost equal to or greater than
seventy-five thousand dollars (or other threshold as determined under Chapter
4115. of the Revised Code,) the project administrator must include prevailing
wage rates in the bidding specifications and in the contract.
(2) For all parking lot, road, street, alley,
sewer, or ditch related projects that exceed prevailing wage thresholds
determined biennially by the Ohio department of commerce, the project
administrator must include prevailing wage rates in the bidding specifications
and in the contract consistent with Chapter 4115. of the Revised
Code.
(3) If a project involves any
federal funds, legal counsel should be consulted to determine whether federal
prevailing wage rates apply.
(D) Documentation and process for all
construction projects. For all construction projects, regardless of size, the
following are required:
(1) Debarment list.
Review the state of Ohio debarment list to ensure that none of the contractors
are barred from doing business with the state.
(2) Findings for recovery. Ensure that each
contract includes a provision for findings for recovery.
(3) Secretary of state. Ensure with the Ohio
secretary of state office that each contractor is properly registered to do
business.
(4) Drug-free safety
program. Require proof that each contractor has a valid drug-free safety policy
approved by the Ohio bureau of worker's compensation.
(5) Notice of commencement. Issue a notice f
commencement for all projects of any size that involve construction or
construction-related work. A copy of the notice shall be sent to all
contractors and to all subcontractors of whom the college is aware. The notice
shall be posted at the college's website or other publicly visible
space.
(6) Contract form and time
of completion. Use a contract form and include the estimated time for
completion of the project.
(7)
Non-discrimination clause. The contract shall contain the nondiscrimination
clause provided for in section
153.59 of the Revised
Code.
(8) Release form. A signed
payment release affidavit form from each contractor that affirms payment of
prevailing wages and release of all potential lien claims is required before
the college can release the final payment to the contractor.
(9) Certification of contract completion
form. A certified contract completion form from each contractor is required
before the college can release the final payment to the contractor.
(E) Insurance requirements. For
projects equal to or greater than
two hundred thousand dollars, and for all
projects of any size involving demolition, excavation, utility work, hazardous
materials, specialized work, or roofing, insurance coverage will be required.
Such insurance shall be written by a company or companies authorized to engage
in the business of general liability insurance in the state of Ohio with an
a.m. best rating of at least "a" or be otherwise approved in writing by the
college. Any insurance policy required hereunder shall include an endorsement
naming the college and the state of Ohio as additional insured. Coverage
amounts are as follows:
(1) Five hundred
thousand dollars on account of bodily injury to or death of one person;
and
(2) One million dollars on
account of bodily injuries or death of more than one person as a result of any
one accident or disaster; and
(3)
Two hundred fifty thousand dollars for property damage in any one accident or
disaster.
(F) Sole source
specifications. The college shall follow the state's rules as published by the
Ohio facility construction commission regarding the use of sole source
specifications, which include but are not limited to the following
requirements.
(1) The performance requirements
of a given product cannot be so narrow as to restrict competition. Any
component of other manufacturer's or vendor's product which meets the
performance requirements of the procurement documents may be considered equally
acceptable provided the component is submitted to the architect/engineer as a
substitution request prior to the bid opening with sufficient time for the
architect/engineer to review, and approve, and to notify all bidders by issuing
an addendum.
(2) Proprietary
specifications may call for a particular brand and model to be used. Whenever
any product is specified by brand name (such as the manufacturer's or
supplier's name or trade name and catalog or model number or name), the intent
is to establish a standard of quality which the architect/engineer has
determined is necessary. In order to foster competition, the architect/engineer
is required to develop specifications such that a minimum of three
manufacturers are named. If less than three manufacturers are named, the
architect/engineer must submit a waiver request. When the architect/engineer
lists components produced by specific manufacturers to denote kind, quality, or
performance requirements, the component listed first in the specifications is
the basis of design component.
(3)
Note that sole source specifications have the effect of eliminating competitive
bidding and the instances in which its use is permitted have been limited.
Under some circumstances, the specifications may call for patented materials,
articles, or items which may not be offered by two or three manufacturers. An
owner has the authorization to include a sole source specification only when it
is clearly in the public interest to do so, after carefully considering the
serviceability and cost of the material or article for which the contract is
made.
(4) Instances that may
support an exception are cases where a specified material must match an
existing material in appearance or a system or component must match an existing
system or components for functional reasons (such as for hardware keying
systems). The specification of a limited number of manufacturers may in some
cases be justified in order to achieve specific design intent provided that the
value of the specified goods is insignificant in relation to the overall
project. In all cases, the scope of work that is covered by a sole source
specification should be as minimal as necessary to achieve the intended benefit
(such as, lock cylinders instead of door hardware).
(G) State term purchasing of construction
services. Construction services may not be purchased from state term schedules,
the inter-university council purchasing group, or other purchasing consortiums
for projects with a total project cost greater than one hundred ninety-nine
thousand dollars.
(H)
This rule supplements and supports the Owens community
college rule
3358:11-1-12 of the
Administrative Code (financial standards); rule
3358:11-4-12 of the
Administrative Code (purchasing policy); rule
3358:11-4-28 of the
Administrative Code (procurement for federal award procedures). College
administration shall adhere to the contracting manual provided through the
legal services office.
(I)
The treasurer/chief financial officer has the authority
to promulgate procedures consistent with this rule.
