ODOT Bid Prequalification Process Interpreted
Kegler Brown Construction Newsletter February 1, 1996
ODOT highway contractors must submit bids within their total prequalification limit. In a recent case a disappointed bidder argued that the low bidder should be disqualified because the commitment letters from the low bidder's subcontractors (reducing the contractor's exposure below the prequalification limit) were not received by ODOT at the time of the bid. The Franklin County Court of Appeals ruled that post-bid and pre-award commitment letters from subcontractors were proper noting that "according to industry custom, subcontractors are generally not secured until the contract has been awarded." Keffler Bridge Co. v. State (1995), 102 Ohio App. 3d 270.