Subcontractor Bidding on Ohio Public Works After “Construction Reform”

Kegler Brown Construction Newsletter

Under the State’s new “best value” selection process, design-builders and construction managers (at-risk) are to solicit subcontractor pricing from pre-qualified subcontractors on an “open book” basis. While the lowest bid is not required to be accepted, a good reason must be given to the public authority if the low sub bid is not being utilized.

While there may not be a specific rule enacted, the State’s position is that subcontractor price and scope cannot be changed through post-bid negotiations. This means that a subcontractor who discovers in the scope review meeting that some item was missed will not get price relief. But it also means that there will be no risk of “bid shopping” or “bid peddling” after the subcontractor bids are submitted.