Responsibility prequalification criteria for construction contracts exceeding two million dollars ($2,000,000).
Columbus City Codes § 329.212
in effect329.212 - Responsibility prequalification criteria for construction contracts exceeding two million dollars ($2,000,000).
The requirements of this section apply to all construction service contracts, estimated to exceed two million dollars ($2,000,000). Responsibility prequalification, shall be determined using the following criteria:
(a) No business entity may be deemed prequalified responsible or provisionally responsible unless it affirmatively meets all of the following mandatory criteria:
(1) Whether the applicant has a current and valid worker's compensation insurance policy or is legally self-insured.
(2) Whether the applicant has a current and valid unemployment compensation insurance policy.
(3) Whether the applicant has attached an affidavit indicating that, at the time of bid submission, the applicant will provide a bid bond, certified check, cashier's check, or letter of credit pursuant to Chapter 1305 of the Ohio Revised Code for the amount specified in the bid; and the applicant shall provide a notarized letter from its surety company that does all of the following: is dated within the last thirty (30) days; is signed by the surety company's attorney in fact; includes the surety power of attorney; and states that the surety is prepared to provide a performance and payment bond.
(4) Whether the applicant has signed an affidavit agreeing to make the business entity's financial statement for the most recently completed fiscal year available to the city for viewing upon request.
(5) Whether the applicant is not currently debarred or otherwise disqualified from bidding on or completing work on any government agency or public works project.
(6) Whether the applicant is one (1) of the following: current and compliant in the payment of any city of Columbus taxes on payroll and net profits; or, if the applicant is not current and compliant in the payment of any city of Columbus taxes on payroll and net profits, that the applicant has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement at the time such proof is submitted.
(7) Whether the applicant's employees meet the quality training criteria as defined Section 329.01, provided that, for purposes of full inclusion and creation of entry-level opportunities in the construction trades, up to ten percent (10%) of a business entity's employees performing licensed construction trade work in Ohio may be participating in pre-apprenticeship programs, career technical programs, or otherwise have less training and experience.
(8) Whether the applicant provides health insurance as defined in Section 329.01.
(9) Whether the applicant provides a retirement or pension plan as defined in Section 329.01.
(b) If a business entity affirmatively meets the requirements of subsection (a), the following criteria shall be used to determine responsibility prequalification:
(1) Whether the applicant has been debarred or otherwise disqualified from bidding on or completing work on any government agency or public works project within the last five (5) years.
(2) Whether the applicant has received an unsatisfactory judgment, as defined in Section 329.01, in which a conviction was imposed for any crime related to its business conduct within the last ten (10) years.
(3) Whether the applicant has received an unsatisfactory judgment, as defined in Section 329.01, in which civil liability was imposed concerning the applicant's bid for and/or work on any public or private construction project within the last five (5) years.
(4) Whether the applicant has a history of breach of contract, or inferior or substandard performance on projects that have resulted in litigation being brought forth by the city within the last five (5) years.
(5) Whether the applicant has a record of claims against bonds secured on any public construction project within the last five (5) years.
(6) Whether the applicant has been assessed or paid liquidated damages for any construction project with either a public or private owner within the last five (5) years.
(7) Whether the applicant has a record of unsatisfactory judgments, as defined in Section 329.01, with any applicable federal, state and local laws and regulations within the last five (5) years.
(8) Whether the applicant has a record of unsatisfactory judgments, as defined in Section 329.01, with any applicable affirmative action or diversity and inclusion programs, or any local, state or federal laws prohibiting discrimination against job applicants or employees within the last five (5) years.
(9) Whether the applicant has a record of unsatisfactory judgments, as defined in Section 329.01, with Ohio's Drug-Free Workplace requirements, pursuant to Ohio Revised Code Section 153.03 or a successor to that section, within the last five (5) years.
(10) Whether the applicant is a socially responsible business, which shall be evidenced by a continuing relationship with at least one organization or program providing employment services for displaced workers and/or employment services for formerly incarcerated persons reentering the community or by the business' sponsorship or signatory status with non-profit entity which sponsors a construction apprenticeship program, certified by the Ohio Apprenticeship Council or U.S. Department of Labor, which has a continuing relationship with at least one (1) organization or program providing employment services for displaced workers and/or employment services for formerly incarcerated persons reentering the community. Such organizations shall be certified by the director of finance and management or designee.
(c) All members of a joint venture must be individually pre-qualified responsible or provisionally responsible by bid opening to be awarded a contract under this provision.
(Ord. No. 2074-2021, § 1, 7-26-2021; Ord. No. 1823-2022, § 1, 7-11-2022)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT3FITACO_CH329PRGOSEALPR_329.212REPRCRCOCOEXTWMIDO2000000Fetched: 10/27/2026