Common use of Bidding Assistance Clause in Contracts

Bidding Assistance. ODOT (and LPAs) must retain key decision-making functions, in the context of evaluating and awarding contracts to consultants or construction contractors and making decisions on protests filed by proposers/bidders. Precluded Activities: Consultant’s role is to advise and provide information as requested by ODOT or LPAs and shall not involve being a voting member of an evaluation & selection team. ODOT and LPAs shall exercise appropriate supervisory control over the Consultant's actions related to bidding assistance If Consultant’s role included developing (or participation in developing) the plans and specs, the procurement documents, or the evaluative factors (if applicable), the Consultant would be precluded from acting as a subcontractor on bids for the resultant construction contract Consultant shall not have any contact with bidder community following close of bid for LPA or ODOT bid projects until award of contract or cancellation of bid Bid Assistance Tasks: When federal funding is involved, ODOT must conduct the construction bid process for LPAs unless the LPA is certified by ODOT to independently conduct bid. When no federal funding is involved, at ODOT’s discretion, either ODOT or the LPA may perform the construction bid process. The extent of Consultant involvement in the construction bid process is typically limited to any or all of the following: When ODOT is conducting construction bid process: If assigned as the point of contact, respond to questions from bidders, LPA, and ODOT Maintain log of bidder questions and answers for ODOT and LPA review. Email log to ODOT and LPA by 4:00 p.m. each day until bid closes {All contact with the bid community will cease at time of bid and no further contact will be made without express directive and direction from ODOT contracting office and ODOT Specifications, Estimating and Office of Pre-letting (SEOPL)} Make revisions to plans as needed for addenda and submit to ODOT for review and distribution Prepare draft bid addenda for review, finalization and issue by ODOT Provide additional information regarding submitted bids, only when requested by ODOT SEOPL When the LPA is conducting construction bid process: Write and submit bid advertisements to LPA and ODOT for review and approval; Distribute bid documents, including plans to requesting construction contractors If assigned as the point of contact, respond to questions from bidders, LPA, and ODOT Maintain log of bidder questions and answers for ODOT and LPA review. Email log to ODOT and LPA by 4:00 p.m. each day until bid closes Make revisions to plans as needed for addenda and submit to LPA and ODOT for review Prepare draft bid addenda and submit to LPA and ODOT for approval. Issue approved bid addenda; Attend and assist with bid openings Assist in providing information supporting the evaluation of bids when specifically requested to do so by the LPA or ODOT Prepare and provide final construction contract document(s)

Bidding Assistance. ODOT (and LPAs) must retain key decision-making functions, in the context of evaluating and awarding contracts to consultants or construction contractors and making decisions on protests filed by proposers/bidders. Precluded Activities: Consultant’s role is to advise and provide information as requested by ODOT or LPAs and shall not involve being a voting member of an evaluation & selection team. ODOT and LPAs shall exercise appropriate supervisory control over the Consultant's actions related to bidding assistance If Consultant’s role included developing (or participation in developing) the plans and specs, the procurement documents, or the evaluative factors (if applicable), the Consultant would be precluded from acting as a subcontractor on bids for the resultant construction contract Consultant shall not have any contact with bidder community following close of bid for LPA or ODOT bid projects until award of contract or cancellation of bid Bid Assistance Tasks: When federal funding is involved, ODOT must conduct the construction bid process for LPAs unless the LPA is certified by ODOT to independently conduct bid. When no federal funding is involved, at ODOT’s discretion, either ODOT or the LPA may perform the construction bid process. The extent of Consultant involvement in the construction bid process is typically limited to any or all of the following: When ODOT is conducting construction bid process: If assigned as the point of contact, respond to questions from bidders, LPA, and ODOT as directed by LPA or ODOT. Maintain log of bidder questions and answers for ODOT and LPA review. Email log to ODOT and LPA by 4:00 p.m. each day until bid closes {All contact with the bid community will cease at a time of bid determined by the Agency and no further contact will be made without express directive and direction from ODOT contracting office Procurement Office (“OPO”) and ODOT Specifications, Estimating and Project Controls Office of Pre-letting (SEOPL“PCO”)} Make revisions to plans as needed for addenda and submit to ODOT for review and approval for distribution Prepare draft bid addenda for review, review and approval for finalization and issue by ODOT Provide additional information regarding submitted bids, only when requested by ODOT SEOPL PCO When the LPA is conducting construction bid process: Write and submit bid advertisements to LPA and ODOT for review and approval; Distribute bid documents, including plans to requesting construction contractors If assigned as the point of contact, respond to questions from bidders, LPA, and ODOT as directed by LPA or ODOT. Maintain log of bidder questions and answers for ODOT and LPA review. Email log to ODOT and LPA by 4:00 p.m. each day until bid closes Make revisions to plans as needed for addenda and submit to LPA and ODOT for review and approval Prepare draft bid addenda and submit to LPA and ODOT for review and approval. Issue approved bid addenda; Attend and assist with bid openings as requested by LPA or ODOT Assist in providing information supporting the evaluation of bids when specifically requested to do so by the LPA or ODOT Prepare and provide final construction contract document(s)