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7.3 Once the LPA receives Federal authorization to advertise, the LPA may begin advertising activities. <br />Whenever local advertisement requirements differ from Federal advertisement requirements, the <br />Federal requirements shall prevail. The period between the first legal advertising date and the bid <br />opening date shall be a minimum of twenty-one (21) calendar days. The LPA shall submit to ODOT <br />any addendum to be issued during the advertisement period that changes estimates or materials. <br />ODOT shah review and approve such addendum for project eligibility. All addenda shall be <br />distributed to all potential bidders prior to opening bids and selling the contracts. <br />7.4 The LPA must incorporate ODOT's LPA Bid Template in its bid documents. The template includes <br />Form FHWA-1273, Required Contract Provisions, a set of contract provisions and proposal notices <br />that are required by regulations promulgated by the FHWA and other Federal agencies, which must <br />be included in all contracts as well as appropriate subcontracts and purchase orders. <br />7.5 The LPA shall require the contractor to be enrolled in, and maintain good standing in, the Ohio <br />Bureau of Workers' Compensation Drug -Free Safety Program (DFSP), or a similar program <br />approved by the Bureau of Workers' Compensation, and the LPA must require the same of any of <br />Its subcontractors. <br />7.6 Only pre -qualified contractors are eligible to submit bids for this PROJECT. Pre -qualification status <br />must be in effect/current at the time of award. For work types that ODOT does not pre -qualify, the <br />LPA must still select a qualified contractor. Subcontractors are not subject to the pre -qualification <br />requirement. In accordance with FHWA Form 1273 Section VII and 23 CFR 635.116. the "prime" <br />contractor must perform no less than 30 percent of the total original contract price. The 30-percent <br />prime requirement does not apply to design -build contracts. <br />7.7 In accordance with ORC Section 153.54, at, seq., the LPA shall require that the selected contractor <br />provide a performance and payment bond in an amount equal to at least 100 percent of its contract <br />price as security for the faithful performance of its contract. ODOT shall be named an oblige on any <br />bond. If the LPA has 100 percent locally -funded work product within this Agreement, the LPA must <br />allocate the correct percent of the performance and payment bond cost to the 100 percent locally - <br />funded work product. <br />71 Before awarding a contract to the selected contractor, the LPA shall verify that the contractor is not <br />subject to a finding for recovery under ORC Section 9.24, that the contractor has taken the <br />appropriate remedial steps required under ORC Section 9.24, or that the contractor otherwise <br />qualifies under the exceptions to this section. Findings for recovery can be viewed on the Auditor <br />of State's website at https:/Iohiosuditor oov/rindinos hM . If the LPA fails to so verify, ODOT may <br />immediately terminate this Agreement and release all Federal funding commitments. <br />7.9 Before awarding a contract to the selected contractor, the LPA shall verify that the contractor is an <br />active registrant on the Federal System for Award Management (SAM). Pursuant to 48 CFR 9.404, <br />contractors that have an active exclusion on SAM are excluded from receiving Federal contracts, <br />certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits. If the <br />LPA fails to so verify, ODOT may immediately terminate this Agreement and release all federal <br />funding commitments. <br />7.10 The LPA is prohibited from imposing any geographical hiring preference on any bidder in the LPA's <br />bid documents or on any successful contractor in the LPA's award or contract for the construction <br />of the PROJECT. <br />7.11 After analyzing all bids for completeness, accuracy, and responsiveness, per ORC 153.12, the LPA <br />shall approve the award of the contract in accordance with laws and policies governing the LPA <br />within 60 days after bid opening. Within 45 days of that approval, the LPA shall submit to ODOT <br />notification of the project award by submitting a bid tabulation, a copy of the ordinance or resolution, <br />and direct payment information as required in Attachment 2 of this Agreement, 9 applicable. <br />Page 5 of 19 <br />Revision Date 3/14/022 <br />