Our new Web site is up and running -- you can access the construction contracts and A/E Agreements for two year and four year institutions here: www.OhioAttorneyGeneral.gov/BusinessCounsel

As always, the remainder of the documents for the contract package should be downloaded from the State Architect's Office (SAO) Web site here: www.das.ohio.gov/gsd/sao/sao.html

Please note that as of Tuesday, August 25, 2009 new Instructions to Bidders and Instructions to the Architect/Engineer have been posted to the SAO Web site. They have been updated and changed as follows:

1. Instructions to Bidders now does not require Drug Free Workplace (DFWP) Certification by the Bureau of Worker's Compensation until after bid opening. Documentation of DFWP approval is requested prior to bid opening as part of IB 2.10.3, but the former language in IB 2.10.4 requiring approval prior to bid opening has been eliminated. DFWP approval will still be required prior to contract approval by Business Counsel.

This is a policy change from the SAO that will be effective going forward for all projects for which Instructions to Bidders have not yet been issued. We understand that you may have timing concerns relating to bidders' receipt of approval in DFWP and that, as a result, you may wish to maintain the former policy of requiring DFWP approval prior to bid opening. In that event, we will be happy to work with you to draft Supplementary Instructions to that effect.

2. The Instructions to the Architect/Engineer have been updated to clarify that the bid advertisement for three consecutive weeks requires seven days between each advertisement. As each of you has been following this advertisement procedure for some time, please note that this change is merely a clarification and not a change in policy.

We'd also like to provide some additional information relating to our most recent checklist update. As you know, we are now requesting that proof of the contractor's legal name be provided along with your contract approval request. We have received some feedback from clients that they have had difficulty locating those legal names.

Check here for helpful suggestions regarding searching on the Secretary of State's Web site: www.sos.state.oh.us/businessServices/SearchTips.aspx

In the event that you receive negative feedback from contractors regarding various aspects of compliance with this requirement (i.e. obtaining revisions to the bidder's name on the bid bond, etc.), you may wish to remind them that it has been a long-standing requirement (see Instructions to Bidders 2.6.3 and Bidder's Certification 13 on the Bid Form) that bids be submitted in the legal name of the bidder.

If you have any questions please feel free to contact the Business Counsel Section at (614) 644-6342.