013-26_spec.pdf

Invitation No. 013-26

ITB 013-26 Automatic Salt Brine Makers and Parts List 05/08/2025

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish per unit bid pricing for automatic salt brine makers, liquid production equipment and controls, a heated structure to house the liquid production equipment and controls, parts list and pricing and establish hourly rates for factory authorized service technicians all in accordance with the requirements of the specifications below, and ODOT’s standard terms and conditions contained herein.

Please Note: Bidders providing more than one unit should fill out one pricing sheet per unit bid.

Parts and price listing for repair parts can be on one sheet.

Section 2: Multiple Award

ODOT will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsive bidders pursuant to O.R.C. 5513.02.

Vendors must submit their Bid Responses electronically in OhioBuys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline. Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible.

Note: If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round. New rounds may be the result of an addendum, extensions, etc.

Note: The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission.

The subject line will be the bid # Signature Request, (example: 101G-25 Signature Request). No contract can be issued to your company until we receive your signature to complete the process.

And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov

Section 3: Contract Duration

The effective duration of this contract shall be from the Date of Award through May 31, 2026.

Section 4: Free on Board (F.O.B.) Destination

Please be advised, the vendor must honor any bid price submitted in this Invitation to the twelve (12) ODOT Districts, Central Garage, and eighty-eight (88) counties within Ohio. All deliveries shall be Free on Board (F.O.B.) to any of ODOT’s twelve Districts, Central Garage, and 88 county destination locations in the State of Ohio, as per the enclosed map. Purchase orders when issued, will detail specific destination points. The Department will not accept any additional charges for these deliveries.

District 1 - Lima District 8- Lebanon

District 2 - Bowling Green District 9 - Chillicothe

District 3 - Ashland District 10 - Marietta

District 4 - Akron District 11 - New Philadelphia

District 5 - Jacksontown District 12 - Garfield Heights

District 1 - Lima District 8- Lebanon

District 2 - Bowling Green District 9 - Chillicothe

District 6 - Delaware Central Garage - Columbus (CG)

District 7- Sidney

4.1: Delivery Hours

Delivery shall be made between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, excluding State observed holidays, unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Section 5: Automatic Salt Brine Maker Minimum Requirements

Automated brine maker shall meet the minimum requirements listed below.

▪ The brine maker pumps and motors shall be designed for use in a highly corrosive environment.

▪ The brine maker shall have a minimum production capacity of 3,000 gallons per hour.

▪ The brine maker will incorporate a fully automatic salinity control.

▪ The brine maker shall be designed to operate from either 115 volt or 230 volt single phase

AC current.

▪ All plumbing must be stainless steel or scheduled #80 pvc piping with heavy duty valves.

▪ The vendor will include appropriate couplers to connect to existing waterline.

▪ The brine maker shall have an easy bottom clean out trap, door or other access device.

▪ Brine maker shall be constructed of material to withstand harsh weather treatment. Shall be of metal material and coated/painted for optimum ware and resist corroding.

▪ Existing water line and adequate electrical service is located in close proximity of the proposed location.

▪ All hose clamp connections must be of T-bolt connection design or better.

Delivery shall be made within 75 calendar days after receipt of written or verbal notification against a valid State of Ohio purchase order. The vendor may be assessed a penalty, up to 10% per month, when the delivery exceeds 75 calendar days.

Section 6: Liquid Production Equipment and Controls Minimum Requirements

• The recording & dispensing of product shall have an accuracy of not less than 2% of volume.

Example: Loading of a 1200 gallon tank, the 2% tolerance level of accuracy shall not exceed 24 gallons.

Example: Loading of an 80 gallon tank, the 2% tolerance level of accuracy shall not exceed

1.6 gallons.

• The system will have an on-demand blend making and dispensing control that will be able to directly load product into vehicle tanks.

• The system will be capable of blending the brine product with one additive while still being able to utilize the on-demand dispensing.

Delivery shall be made within 75 calendar days after receipt of written or verbal notification against

Section 7: Building Structure Housing the Liquid Production Equipment and Controls Minimum Requirements

▪ When the vendor requires a separate enclosed structure to protect the liquid production equipment controls from the weather, the following shall apply

• Building shall be suitable for the purposes and meet all required building codes, in accordance with the authority having jurisdiction. See the Ohio Department of Commerce site for additional information.

• Vendor shall provide description of structure on the pricing page. Design documents shall be submitted with bid.

Delivery shall be made within 75 calendar days after receipt of written or verbal notification against

Section 8: Warranty of Brine Maker Purchases

8.1 Brine Maker (Section 5)

Awarded vendor must provide a twenty-four (24) month warranty on all parts and labor.

8.2 Liquid Production Equipment and Controls (Section 6)

Awarded vendor must provide a twenty-four (24) month warranty on parts and labor.

8.3 Building Structure for Liquid Production Equipment and Controls (Section 7)

Awarded vendor must provide a twenty-four (24) month warranty on parts and labor

Section 9: Training

The awarded vendor shall supply a minimum of four (4) hours of on-site training in operation and preventative maintenance per purchased unit. Training shall be scheduled and coordinated by the District Designated representative with the selected vendor designated representative at a mutually agreeable time following installation of the purchased system(s). Within 90 days after installation is complete, ODOT and the selected vendor will be responsible for coordinating a training session if it is so desired by ODOT. Actual training may occur after 90 days.

Section 10: Literature/ Parts Manuals

Each bidder must provide descriptive literature that fully describes the Automatic Brine Maker being offered. Failure to provide the required information may be cause for your bid to be considered non-responsive.

Section 11: Installation

11.1: ODOT Installed Systems

For purchased systems that will be installed by the Department, the vendor shall provide ODOT with detailed installation instructions for the brine maker system.

11.2: Vendor Installed Systems

If ODOT requests installation of the purchased system, the vendor shall submit a proposal explicitly detailing the work required, listing the labor, materials, subcontractor(s) and other charges or items necessary to perform the work in accordance with these specifications. The approved proposal shall then constitute a quote for the performance of the work. An approved quote for work shall be paid by approved methods and timeframes after receipt of a properly formatted invoice. Written approval must be given by ODOT prior to repairs or services being performed.

11.2.1: Initial Contact and Site Visit https://com.ohio.gov/divisions-and-programs/industrial-compliance https://com.ohio.gov/divisions-and-programs/industrial-compliance

Once a project is identified, the awarded vendor and their subcontractor, when required, shall perform a site visit at a mutually agreeable time after being contacted by the District designated representative at the project site to discuss and define the scope of work for the requested project.

11.2.2: Presentation of Project Plan and Cost

The awarded vendor shall present a written project plan within ten (10) business days from date of walk through. The plan shall include the items listed below:

• Estimated material list

• A list of which trades will be on the job

• Estimated project cost

• Project schedule as required by ODOT including:

o Estimated start date upon acceptance and delivery of purchase order o Estimated length of time to complete project o Project milestones (when appropriate)

• Site cleanup and waste disposal measures

• Construction drawings and specifications when required by the District or if required for permits

• Required building permits and associated fees

11.2.3: Acceptance of Project and Commencement of Work

Upon written acceptance of project plan by the District designated representative, the District will provide the vendor with a purchase order that is directly associated with the project as soon as possible. Once the vendor is in receipt of the purchase order, they will commence work in accordance with the project plan.

The awarded vendor shall not commence work without written prior approval of Project Plan and vendor receipt of purchase order, or as directed by the District designated representative.

11.3: Requirements

To ensure a successful and satisfactory project, the points below represent essential processes that must be managed between the vendor and the District designated representative.

11.3.1: Communication

Communication must be maintained between all parties in a continual, prompt, and respectful manner from all pre-project activities to the project’s completion

11.3.2: Quality of Work

The contracted services provided must be performed in a workmanlike manner by properly trained personnel and shall conform to the best professional standards.

11.3.3: Safety

All work must be performed in compliance with the current Occupational Safety and Health Act and any revisions thereto. Any citations issued by OSHA will be the responsibility of the Vendor.

11.4: Plans

Vendor shall be responsible for providing project plans as requested by the department and/or required for necessary regulatory permits.

11.5: Permits

Any permits required shall be obtained by the vendor and will be reimbursed by the Department at cost.

11.6: Guarantee of Workmanship and Materials

The contactor shall guarantee its workmanship and materials for a period of one (1) year from the date of acceptance by the facility and shall promptly remedy, at the contractor’s expense, all defects due thereto which becomes evident during the guarantee period, and pay all expenses for any damages to other systems or structures resulting from work the awarded contractor performed.

Section 12: Parts List

12.1 Parts

All vendors shall provide a standard parts list and pricing for each of the Automatic Brine Makers they manufacture. All parts for current and past models shall be included.

From time to time, ODOT has identified cheaper pricing for parts off contract. When this occurs, vendors will have the opportunity to reduce pricing for said item(s). If the vendor cannot reduce pricing to an acceptable range, ODOT may purchase off contract for said item(s).

Delivery shall be made within 48 hours, unless mutually agreed upon by both the vendor and ODOT, after receipt of written or verbal notification against a valid State of Ohio purchase order or credit card invoice.

If delivery cannot be made within 48 hours, or a mutually agreed upon timeframe, then ODOT may purchase off contract for said item(s). For parts needed in less than 48 hours, ODOT has the option to pick up the part at the vendors location or, in emergency situations, ODOT may purchase off contract.

12.2 Warranty of Parts List

Awarded vendor must provide a twelve (12) month warranty on all parts.

Section 13: Vendor Provided Service Labor

The Department desires to have the option to contact an awarded vendor for repair services of the purchased system(s) in accordance with these specifications, when the repair services being requested are no longer under an existing warranty.

Service shall occur within three (3) business days, unless mutually agreed upon by both the vendor and ODOT, after receipt of written or verbal notification against a valid State of Ohio purchase order or credit card invoice. Expedited service may be requested at less than 3 business days. The vendor will provide a percentage rate increase for expedited labor services requested.

13.1: Work Hours

All vendor provided service performed on existing Brine Makers, Liquid Production Equipment and Controls and Liquid Production Equipment and Control Buildings must be performed between the hours of 6:00 a.m. and 4:00 p.m. Monday thru Friday excluding state holidays. Work at other than these hours or days of the week must be arranged in advanced and pre-approved by the District designated representative. If ODOT directs and requires the vendor to perform work outside of normal work hours (nights, weekends, or holidays), the vendor shall be entitled to compensation in the form of overtime pay due to its employees. These overtime hours shall be computed and paid at one and a half times the normal hourly rate by trade.

13.2: Sign In

Vendor personnel must sign in upon arrival at the Facility and must sign out upon departing. It shall be the responsibility of the Vendor to coordinate with the District designated representative on a procedure for the Vendor’s personnel to follow when entering or leaving the District facilities.

13.3: Maintenance Labor Rate

Quoted labor rates will be paid for technician(s) time on the job. Hourly service rates will begin when the vendor’s technician signs in at the facility.

13.4: Guarantee of Workmanship and Materials (Repair Warranty)

The contactor shall guarantee its workmanship and materials for a period of one (1) year from the date of acceptance by the facility and shall promptly remedy, at the contractor’s expense, all defects due thereto which becomes evident during the guarantee period, and pay all expenses for any damages to other systems or structures resulting from work the awarded contractor performed.

13.5: PARTS – Utilized during service repair and not on Parts list

The Vendor shall utilize all replacement parts from manufacturers whose parts are equal to or better than the original equipment manufacturer (OEM) components whenever possible. All parts must be installed according to manufacturer’s specifications and recognized practices. The use of reconditioned parts or components shall not be permitted under any circumstances. Compensation for the time involved obtaining materials and parts shall be included in the labor breakdown portion of the approved project plan.

The Department acknowledges that vendors utilize thousands of items/parts that may vary between suppliers and manufacturers depending on the individual repair needs for each project. Therefore, all items/parts vendors provide shall be considered on contract.

When repairs are requested, for any items/parts not listed on the parts pricing page, the Department will pay the awarded vendor the actual cost for the item/part utilized in the performance of this contract, ODOT has determined that the vendors actual cost for the item/part includes the following:

• The vendor’s acquisition cost from the manufacturer or supplier

• The shipping cost o Charged by the manufacturer or supplier to get the part to the vendor’s location.

OR

o The shipping cost incurred by the vendor to have the part shipped directly to the

ODOT location.

For all parts costing more than one hundred ($100) dollars, the vendor shall include with its invoice, the vendors’ original invoice and the Department will pay for the part including the costs noted above.

For parts costing less than one hundred ($100) dollars that have been taken from vendor stock, the vendor shall not be required to include the vendor’s original invoice for the part, so long as the part is at fair market value. The Department will pay for the part at the quoted cost.

Section 15: Pre-Season Readiness and Post-Season Preservation Services.

The Department desires to have the option to contact an awarded vendor for Annual Seasonal Maintenance Service prior to and/or after the Winter Season. These Annual Seasonal Services are to be considered a routine service to prepare a Brine Maker system prior to the winter season, or to properly address the shutdown of a Brine Maker system at the conclusion of a winter season.

A description of the Readiness and Preservation services to be performed shall be listed on the pricing page.

Section 16: Operational Training

Training on existing Brine Makers and Liquid Production Equipment may be requested from time to time. If requested, a minimum of four (4) hours of on-site training in operation and preventative maintenance shall be provided. The District and Vendor shall mutually agree upon a Training date.

A valid State of Ohio purchase order or credit card invoice will be provided to secure the Training date.

Section 17: Pricing

Vendors shall submit pricing for each proposed system, all in accordance per the specifications, terms and conditions. Pricing shall be guaranteed firm for the contract duration.

Vendor shall also provide pricing for

• Factory authorized Service

• Parts

• Pre-Season Readiness Service

• Post-Season Preservation Service

A separate line item for Mobilization to/from a facility is included in the pricing page when service is requested.

State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services OhioBuys

Terms and Conditions for Submitting Excel Pricing File in Bid Package If an Excel File is Present in OhioBuys

1. SUBMISSION OF EXCEL PRICING FILE: Bidders should submit the pricing page in the original excel format.

2. UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE: Bidders who materially alter the original content of the Excel pricing file (e.g. specifications, formulas, etc.) issued by the Department may be found non-responsive and ineligible for award of this procurement.

3. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new Excel pricing page indicating the revisions made and a revision date for the changes.

It is the sole responsibility of the bidder to check for issued addenda prior to submitting a bid package to ensure the most updated Excel pricing file is being utilized.

4. DESCRIPTIVE LITERATURE: Bidders may electronically provide any descriptive literature (e.g. brochures, spec/cut sheets, drawings, MSDS, etc.) regarding the products and/or services offered by the bidder. As this literature may be publicly posted for viewing by purchasers, bidders must not submit any literature electronically in which they consider to be a trade secret, proprietary, or confidential in any way.

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Office of Contract Sales, Purchasing Services

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 11/2/2023)

1. BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting Contract.

a. A Supplier Information Form and W-9 must be completed and sent back directly to Ohio Shared Services in order to register and apply for an OAKS ID. The following website can be accessed by bidders to obtain both the forms and specific instructions for obtaining an OAKS ID:

b. http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx

c. It is strongly recommended that all interested bidders not already registered with Ohio Shared Services submit the above paperwork prior to the bid submission deadline.

2. HOW BIDS MUST BE SUBMITTED: Vendors must submit their Bid Responses electronically in OhioBuys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline.

Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible. If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round.

3. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically in OhioBuys. During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements.

4. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the OhioBuys website.

5. PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats.

Bidders will be required to sign-in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted.

a. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference. Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and complete when a representative of the Office of Contract Sales, Purchasing Services section indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting.

6. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline. The system will not allow a bid after the closing date and time.

7. BIDS FIRM: Once opened, all bids are firm and cannot be altered by the bidder. Once a Contract is awarded and executed, the Vendor shall deliver all products and/or services at the bid prices and terms contained in the Contract. All submitted bids shall remain valid for a period of sixty (60) calendar days after the date of the public bid opening. Beyond sixty (60) calendar days, bidders will have the option to either honor their submitted bid or make a written request to withdraw their bid from consideration. The Ohio Department of Transportation shall receive the benefit of any decrease in price during the sixty (60) day period.

8. WITHDRAWAL OF BIDS: A bidder may withdraw their bid in OhioBuys prior to opening. If after opening a vendor wishes to withdraw their bid, they may do so in writing to the Ohio Department of Transportation.

9. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may modify their bid response prior to the scheduled date and time set for the public bid opening in OhioBuys.

10. UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this procurement unless otherwise specified in the bid evaluation criteria. The unit bid price should be entered for each required bid item on the Department’s pricing page. Use of ditto marks, arrows, or other markings in lieu of the actual unit price may result in a non-responsive bid determination. Lot or group prices listed in the unit bid price area shall be considered as the unit price unless clearly identified as the lot price. Unless specifically allowed in the contract’s terms and conditions, requests to change or alter unit bid prices after the public bid opening are prohibited.

a. The following requirements also apply to unit bid prices:

11. DECIMAL POINT: Bidders should not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not recognized by the Department for the purposes of bid evaluation or contract award.

12. CREDIT CARD FEES: Bidders must incorporate into their unit bid price(s) submitted all costs and fees associated with the State’s use of a payment (credit) card.

13. DISCOUNTS: While bidders may offer to the Department discounts for prompt payment and other similar incentives, discounts and incentives these will not be used to alter the submitted unit bid price(s) for purposes of bid evaluation and contract award. This section only applies to bids awarded to the lowest responsive and responsible bidder either by individual bid item or group of bid items and does not include bids which are awarded to all responsive and responsible bidders (i.e. Multiple Award Contracts).

14. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award Contracts to all responsive and responsible bidders for articles (i.e. bid items) meeting the general specifications provided. These are referenced by the Department as ‘Multiple Award Contracts’. Unit bid prices submitted for Multiple Award Contracts shall be considered by the Department as an amount-not-to-exceed unit bid price for the entire duration of the Contract. These awarded, amount-not-to-exceed bid prices often do not reflect potential quantity discounts, freight discounts, nor other similar discounts/incentives offered periodically by a distributor, manufacturer, or supplier. Where like or similar bid items are being offered by two or more awarded Vendors (bidders) on the awarded Contract, the Department reserves the right to obtain quotes from all awarded bidders on the Contract in order to achieve the best and most up-to-date pricing available to the Department at the time of ordering.

15. UNBALANCED BIDS: The Department will not accept unit bid prices that are deemed to be either materially or mathematically unbalanced. The final determination of an unbalanced unit bid price shall be at the Department’s sole discretion.

16. TIE BID PROCESS: If two or more responsive bids offer the same unit bid price, ODOT may break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given up to three (3) business days to submit a written revised unit price for the affected item or items. Bidders are not required to submit a revised unit price. In the event a tie still exists after the above-prescribed deadline has passed, ODOT will schedule a coin flip to be conducted in the presence of both bidders. The winner of the coin flip will be deemed awarded the affected bid item(s).

17. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative Code Rule 123:5- 1-06.

18. RESPONSIVE BIDDER: A bidder is responsive if its bid responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the bidder an unfair competitive advantage.

19. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The Department either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Department.

20. BIDDER RESPONSIBILITY: The Department will only award this procurement to what it deems to be a responsible bidder. The Department’s determination of a bidder’s responsibility includes, but is not limited to, the following factors:

i. experience of the bidder;

ii. bidder’s financial condition;

iii. bidder’s conduct and performance on previous contracts;

iv. the bidder’s facilities;

v. the bidder’s management skills;

vi. the bidder’s employees;

vii. past experience and/or quality of bidder’s proposed subcontractors;

viii. the bidder’s ability to execute the contract;

ix. review of Federal and Department debarment lists;

x. bidder has history of successful performance on contracts of similar size and scope; and

xi. current or impending legal actions against a bidder.

21. APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are:

1. Obvious misplacement of a decimal point or comma;

2. Obvious incorrect discount factor; or

3. Transcription error in Part Number.

22. ADDITIONAL INFORMATION: The Department reserves the right to request additional information to evaluate a bidder’s responsiveness to the procurement’s requirements and/or to evaluate a bidder’s overall responsibility.

These requests may require the bidder’s submission of confidential materials (e.g. financial statements). If a bidder does not provide all of the requested information within the prescribed timeframe, the Department may find the bid non-responsive and ineligible for award.

23. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense. Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid. The

Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses.

24. SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised Code to prepare specifications and establish contracts to obtain the supplies, equipment, and/or services referenced within this procurement. The purpose of the provided specifications is to describe the supplies, equipment, and/or services to be purchased and will serve as a fair and equitable basis for comparison of submitted bids. The Department may use any form of specification it determines to be in the best interest of the Department and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the Department, it may use brand name or equal specifications.

a. Unless otherwise specified in this procurement, all products, equipment, supplies, etc. offered by bidders must be in a new condition. A ‘new’ product is one that will be first used by the Department after it has been manufactured or produced. Used, reconditioned, or previously titled products, supplies, or equipment will not be considered for award of this procurement.

b. The Department uses qualified products list (QPL) and/or approved products lists (APL) developed by either itself or other qualified institutions to specify acceptable products and supplies that have been through proper application and testing procedures to verify conformance with technical and/or performance specifications. Where the Department requires products and supplies to be included on a specific QPL/APL listing, the Department will not accept bids for products/supplies that are not included on a specified QPL/APL at the time of public bid opening.

c. A bidder may not be compensated for damages arising from inaccurate or incomplete information in the procurement specifications or from inaccurate assumptions based upon the specifications.

25. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make, or manufacturer does not restrict bidders to the specific brand, make, or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the Department, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, or suitability for the purpose intended, may be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Department to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive.

Unless the bidder clearly indicates in its bid that the product being offered is an equivalent product, such bid will be considered to offer the exact brand, make, or manufacturer name referenced in the bid solicitation.

26. DEVIATIONS: Statements or modifications made by a bidder in their submitted bid package that deviate from this procurement’s terms, conditions, specifications and requirements may render a bid non-responsive and ineligible for award.

27. ESTIMATED QUANTITIES: Any purchase estimates indicated for bid item(s) are to be considered as estimates only. The Department makes no representation or guarantee as to the actual amount of item(s) to be purchased by the Department or Political Subdivisions.

28. OVERLAPPING CONTRACT ITEMS: The products and/or services included in this solicitation may be available from other State of Ohio contracts and/or other contracts made available for the Department’s use. The existence of these contracts containing like or similar products and/or services could be either known or unknown to the Department at the time this procurement has been published. Unless otherwise stated in this contract, the Department may acquire these products and/or services from any available source. The Department will make purchases from sources that are deemed to be in the best interest of the Agency.

29. REJECTION/PARTIAL AWARD OF BIDS: The Department reserves the right to reject any or all bid responses, award partial contracts, or choose to rebid when:

1. Product, supplies and/or services are not in compliance with the requirements, specifications, and terms and conditions set forth in this procurement; or

2. Pricing offered is determined to be excessive in comparison with existing market conditions, or exceeds the available funds of the Department; or

3. Only one bid is received, and the Department cannot determine the reasonableness of the bid prices submitted;

or

4. It is determined that the award of any or all items would not be in the best interest of the Department; or

5. The Department, in its opinion, did not achieve the desired amount of competition amongst qualified bidders for the products, supplies, and/or services being offered in the bid solicitation; or

6. Inadequate or ambiguous specifications were cited in the bidding documents; or

7. The Department determines that specifications and/or requirements were missing from the bidding documents;

or

8. A bidder imposes additional terms and conditions against the Department.

30. NOTICE TO BIDDERS OF REJECTED BIDS: When the Department deems it necessary to reject a bid, the Department will notify each affected bidder and the reasons for such actions.

31. BID PROTESTS: Any apparent low bidder either deemed not responsible or whose bid has been deemed non-responsive shall be notified by the Department of that determination and the reasons for it. The notification will be provided by the Department in writing and sent by U.S. mail and at the email address provided on the front cover of the bidder’s bid. The bidder will have five (5) calendar days after receipt (by mail or email confirmation) of this notification to file a written, valid protest of the Department’s determination. A valid written protest must contain substantive information and evidence so as to refute the Department’s asserted claims against either the bid’s responsiveness or bidder’s responsibility, whichever apply. The Department will only review and respond to valid written protests containing substantive information and evidence. After review of the valid written protest, the Department will either affirm or reverse its original determination.

a. If a valid written protest is not received by the Department within five (5) calendar days of receipt, the Director of ODOT will move forward awarding the Contract and the affected bidder will have effectively waived its right to protest the Department’s decision. For the purposes of this paragraph, “receipt” shall be defined as verification (via either certified mail return receipt or electronic read or delivery receipt) that the apparent low bidder has received the Department’s written determination against the affected bidder. Upon the bidder’s receipt, the five (5) calendar day response deadline shall commence.

32. DELAYS IN CONTRACT AWARD: Delays in the award of this procurement beyond the anticipated Contract start date may result in a change in the contract period as indicated in the Special terms and conditions of this bid solicitation. In these instances, ODOT shall reserve the right to award a contract covering a period equal to or less than the initial contract term than originally specified in this bid solicitation.

33. CONTRACT AWARD AND FORMATION: Successful bidder(s) will receive via U.S. regular mail and/or email a Notice of Contract Award letter as well as a photocopy version of the Signature Page executed by both Parties.

These documents shall serve to form the Contract between the Parties. The Signature Page must be executed by both the bidder and the Director of ODOT for the Contract to be deemed valid and enforceable. The Department will maintain in the Contract file the Signature Page document containing each parties’ original signature(s).

a. Upon award of a procurement, the bid invitation number (e.g. Invitation No. 999-16) will subsequently become the number assigned to the resulting Contract (e.g. ODOT Contract number 999-16) and will be referenced by the Department in all matters and documents related to said Contract.

b. Upon award of a procurement, successful bidders will thereafter be referenced as “Vendor” or “Contractor” by the Department in all matters and documents related to the resulting Contract.

34. PUBLIC POSTING OF AWARDED CONTRACTS: All Contracts awarded by the Office of Contract Sales, Purchasing Services section are posted to the Ohio Buys website and open for public review. Successful bidders and awarded Contract pricing can be found via the following website:

https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public

35. PUBLIC RECORD: All opened bids and their contents are subject to the Public Records Law, Section 149.43 of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request must be submitted to the Department. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored after a Contract has been executed.

a. Bidders may request that specific information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shall accompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment cannot be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department.

b. Requests to view previously submitted bids must be submitted in writing to either of the following addresses:

Contracts.Purchasing@dot.ohio.gov Ohio Department of Transportation Office of Contract Sales, Purchasing Services 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223 (the remainder of this page has been left intentionally blank)

Office of Contract Sales, Purchasing Services

GENERAL DEFINITIONS

(Last revised 11/30/2020) When used in this procurement or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail.

1. AGENCY: Ohio Department of Transportation.

2. AUTHORIZED DISTRIBUTOR: The bidder/vendor who maintains written legal agreements with manufacturers/producers to act as their agent and provide supplies, materials, equipment or services listed in the bid/contract. The authorized distributor must maintain active and sufficient facilities necessary to perform the awarded contract, own title to the goods inventoried within these facilities and maintain a true stock of these goods on a continuing basis and in sufficient quantity to provide uninterrupted service to ordering agencies.

3. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible to ensure proper performance of the contract awarded pursuant to the bid.

The term bidder, proposer, contractor, or vendor may be used interchangeably in this document.

4. DEPARTMENT: Ohio Department of Transportation

5. EQUIPMENT: Items, implements and machinery with a predetermined and considerable usage life.

6. F.O.B. PLACE OF DESTINATION: meaning the Vendor pays, and includes the cost of such in their bid, and bears the risk for the transportation/delivery of goods delivered to the specified locations provided by the Purchaser.

7. PROCUREMENT/CONTRACT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation and award of the bidder's response, the procurement then becomes the contract between ODOT and the successful bidder, both governed by the laws of the State of Ohio.

8. INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation.

9. LOWEST RESPONSIVE\RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly.

10. MINORITY BUSINESS ENTERPRISE (MBE): means an individual, partnership, corporation or joint venture of any kind that is owned and controlled by U. S. Citizens and residents of Ohio, who are and have held themselves out as members of the following socially and economically disadvantaged groups. Only businesses certified by the State of Ohio Equal Opportunity Division in accordance with Section 123.151 of the Ohio Revised Code shall be recognized as being MBE certified within the purpose of this invitation.

11. MATERIALS: Items or substance of an expendable or non-expendable nature from which something can be made, improved or repaired.

12. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire equipment, materials, supplies or services. "Purchase" also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.

13. SERVICES: The furnishing of labor, time or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. "Services" does not include services furnished pursuant to employment agreements or collective bargaining agreements.

14. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance.

15. SUPPLIES: Provisions and items normally considered expendable or consumable.

16. UNBALANCED: Any unit price contained in the bid schedule which is obviously unbalanced either above or below reasonable cost analysis and or unreasonably disproportionate to current market prices as determined by the Director of ODOT, or if such unbalanced prices are contrary to the interest of the department.

17. VENDOR: The bidder who, upon awarding of a contract, then becomes a Vendor who is considered to be a primary source for providing the goods and/or services included in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract.

18. SUBVENDOR/SUBCONTRACTOR: An individual, firm or corporation to whom the Vendor sublets part of the contract to be performed.

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Office of Contract Sales, Purchasing Services

STANDARD CONTRACT TERMS AND CONDITIONS

(Last Revised 11/8/23)

1. HEADINGS: The headings used in this Contract are for convenience only and shall not be used to affect the interpretation of any of the Contract terms and conditions.

2. ENTIRE CONTRACT: This Contract consists of the complete procurement, including the Instructions, Terms and Conditions for Bidding, these Standard Contract Terms and Conditions, the Special Contract Terms and Conditions, ODOT Cooperative Purchasing Program Requirements, mutually executed Signature Page, Specifications and Requirements, awarded unit bid pricing, and any written addenda to the procurement; the completed competitive sealed bid, including proper modifications, clarifications and samples; and applicable, valid State of Ohio purchase orders or other ordering documents (“Contract”).

3. APPROPRIATION OF FUNDS. Pursuant to the Constitution of the State of…