055-25.pdf

Invitation No. 055-25

ITB 055 Towing and Recovery Incentive Payment (TRIP) Program

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish contracts with highly qualified heavy towing and recovery companies and establish mutually beneficial relationships with these companies for the benefit of the traveling public. Under the Towing and Recovery Incentive Payment (TRIP) program, qualified vendors will provide heavy duty towing and recovery services to expedite the clearance of large commercial vehicles that are blocking one or more travel lanes. The goal of the TRIP program is to reduce traffic congestion and the likelihood of secondary incidents, thereby increasing safety to the motoring public. Incentive payments will be made to vendors meeting the TRIP program requirements.

The primary purpose of the TRIP program is safety to the motoring public. Except as discussed in Section 5, participation in this program will be strictly limited to those heavy towing and recovery companies that can meet the stringent requirements contained herein.

The services outlined in this invitation to bid shall be provided on a 24 hours per day, seven days per week, year-round basis (including all holidays).

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 Section 5513.02 of the Ohio Revised Code.

There is no guarantee that an awarded vendor will receive any work from a contract resulting from this invitation to bid. By submitting a bid, your company is acknowledging this fact and that you are simply wishing to be eligible to perform the services outlined herein when requested to do so.

Section 3: Contract Duration

The effective duration of contracts resulting from this invitation to bid shall be from July 1, 2025 through June 30, 2027.

Section 4: Submittal Requirements

Bidders shall provide the information stated herein when submitting their bids.

Provide a street address where equipment used for the TRIP program will be stored, and billing address if different from the street address. Provide a 24-hour dispatch phone number and contact information (phone numbers and e-mail addresses) for key personnel that will be involved with the TRIP program.

Verify that you have sufficient experience in heavy duty towing and recovery operations. If less than ten years, explain why you believe you have the expertise and equipment, facilities, staffing, etc. to participate in the TRIP program.

Verify that you have the required minimum equipment as described in Section 5. If less than stated, explain why you believe you have sufficient resources to effectively provide the necessary services needed for the TRIP program.

Verify that you have the required automobile liability insurance and workers’ compensation coverage as described in Section 5.

Verify that you have completed or will complete the Ohio Traffic Incident Management (OTIM) training as described in Section 5. (This training was formerly referred to as QuickClear.)

Indicate the TRIP zones for which you intend to provide coverage (see Section 6).

Complete a separate pricing page for each facility location from which you intend to provide TRIP services. If more than one TRIP zone will be covered from a single facility location, indicate this in the provided space on the Excel pricing page. Multiple tabs have been provided on the pricing page to allow for bidders to fill out a tab for each facility from which they intend to operate.

Section 5: Vendor Requirements

In order to qualify for participation in the TRIP program, the vendor shall meet the following requirements:

a. The vendor should have been in the heavy duty towing and recovery business for a minimum of ten years.

b. The vendor must meet all applicable registration requirements (state, county, municipal, etc.)

and maintain all required occupational and business licenses. Each operator must maintain a current commercial driver’s license.

c. The vendor must maintain in full force and effect, and at its own expense, for the duration of a contract resulting from this invitation to bid at least the following minimum coverage: automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned automobiles used by employees or others on behalf of the vendor for the conduct of the vendor’s business, for an amount not less than $1,000,000 Combined Single Limit for Bodily Injury and Property Damage.

The term “automobile” shall include private passenger automobiles, trucks, and similar type vehicles licensed for use on public highways.

d. The vendor must provide workers’ compensation coverage for all employees through the Ohio

Bureau of Workers’ Compensation.

e. The vendor must have completed the OTIM training program and be proficient in OTIM quick clearance practices, or must schedule this training within three (3) months of contract execution.

To schedule the OTIM training, contact Justin Yoh, OTIM Program Manager, at (614) 351-5533 or via email justin.yoh@dot.ohio.gov

f. The vendor must comply with all requirements set forth by the Ohio State Patrol Policy Number

OSP-200.17 on Towing Services.

g. The vendor must own or lease and maintain at their facility the following equipment within each zone assigned TRIP zone

1. Two 35-ton hydraulic wreckers, each with a minimum of two 35,000 pound winches.

2. Skid loader with at least the following attachments: broom, grapple bucket, forks.

3. Fuel transfer system to remove a minimum of 300 gallons of diesel fuel.

4. A support truck or trailer with all necessary equipment to move wreckage and clear roadway

(chains, binders, straps, rigging equipment, oil dry absorbent materials, lights, etc.).

h. A vendor wanting to participate in the TRIP program but having less than ten years experience or not having the complete complement of equipment stated above must clearly explain in their bid why they believe they can accomplish the needed work in a timely manner as described herein. Factors that will be considered by ODOT in evaluating these vendors include what experience and equipment the vendor does have, and the capabilities of other towing companies operating in the same TRIP zone.

ODOT reserves the right, during the bid evaluation period prior to awarding a contract to the bidder and at any time throughout the duration of a contract resulting from this invitation to bid, to inspect a bidder’s equipment and facilities, and to request documentation that the bidder has the required automobile liability insurance, workers’ compensation coverage, and has completed the OTIM training.

Section 6: TRIP Zones

The bidder shall indicate on the Excel pricing page all of the TRIP zones in which they can adequately perform the services described in this invitation to bid. The TRIP zones are described in Exhibit 1.

A map showing the location of the zones is found in Exhibit 2. The vendor may choose to operate in one or more zones. However, the vendor is cautioned to only indicate zones for which they can realistically respond in a timely manner.

The bidder must agree to provide services for all routes within a TRIP zone. Bids limited to only certain routes within a zone will not be considered.

Failure to respond to a declared TRIP event in a timely manner may be grounds for an awarded vendor to be disqualified and removed from participating in the TRIP program (see Section 12).

Section 7: TRIP Declaration

The TRIP program is intended to apply to DOT Class 5, 6, 7, 8 and 9 large commercial vehicles. It is not intended to apply to passenger cars, vans, pickup trucks, and SUVs.

Potential qualifying incidents include:

Jackknifed semi Lost or shifted load Impact with guardrail, bridge column, other structure, or another vehicle Truck fire Locked brakes or other mechanical issues

HazMat incidents are not eligible for TRIP declaration.

The decision to declare an incident a TRIP event lies solely with the ODOT Traffic Management Center (TMC) located in Columbus. The decision will be made by the TMC after consultation with the incident commander or other personnel on the scene taking into consideration impact on traffic flow, type of vehicle(s) involved, severity of the incident, time of day, day of week, incident location, and potential impact to rush hour or holiday traffic.

In making the decision, the TMC will take into consideration information available through traffic cameras and Freeway Service Patrol vehicle in-dash cameras. The vendor may provide pictures of the scene and submit to the TMC for review as well. This will be especially useful where traffic camera coverage is limited or not available, and in areas outside the range of the Freeway Service Patrol vehicles. The vendor should submit pictures to the TMC via e-mail at StatewideTMC@dot.ohio.gov.

An incident cannot be declared a TRIP event by the incident commander, the vendor, or any other agency. The incident commander, vendor, or any other agency may suggest to the TMC that an incident be declared a TRIP event, but the TMC will make the final decision. Only the TMC is authorized to declare an incident a TRIP event. If any doubt exists as to whether the TMC has declared an incident a TRIP event, contact the TMC at (614) 387-2438 to confirm. The decision of the TMC is final and cannot be appealed at a later time.

Section 8: Vendor Selection for a Declared TRIP

Once an incident has been declared a TRIP event by the TMC, the TMC will, in consultation with the incident commander, select an appropriate vendor for that TRIP zone. This will usually be the vendor in closest proximity to the incident to minimize response time.

mailto:StatewideTMC@dot.ohio.gov

The TMC will keep track of the number of TRIP calls given to each vendor within a TRIP zone, and when practical, will attempt to distribute the TRIP calls to the various vendors equitably. However, as the TRIP program is primarily intended to increase safety to the motoring public, the quick clearance of travel lanes will take priority over equal distribution of TRIP calls to the various vendors within a TRIP zone.

For some incidents, a towing company may have been dispatched by the incident commander, other local authority, or the owner of the truck involved in the incident, without input from the TMC and prior to the TMC determination that the incident qualifies as a TRIP event. In these cases, the TMC can still declare the incident a TRIP event if the previously dispatched towing company is an awarded vendor and the TMC approves the incident as being TRIP eligible.

A vendor contacted by the TMC shall inform the TMC if contractual obligations prevent the vendor from accepting work at the location of the incident.

In the event that no awarded vendor is available in a particular TRIP zone, the TMC may contact an awarded vendor in another TRIP zone and offer the TRIP call to them. If this vendor accepts the TRIP call, then 30 minutes will be added to the arrival time requirements in Section 10. All other program requirements will remain the same.

There is no guarantee that an awarded vendor will get any work through a contract resulting from this invitation to bid.

Section 9: Basic TRIP Requirements

Once the TMC has declared an incident a TRIP event, the selected vendor shall quickly mobilize all necessary equipment and proceed to the scene. Upon arrival at the scene, and in accordance with the direction of the incident commander, the vendor shall work in an expeditious manner, while employing the OTIM quick clearance principles, to achieve the clearance of the scene and allow all travel lanes to be open to traffic quickly.

The vendor shall, at a minimum, contact the TMC at (614) 387-2438 at the following times:

1.) Upon arriving at the scene with all necessary equipment.

2.) When authorized to start work (often the same as arrival time).

3.) During any stoppage time (see Section 11).

4.) When all travel lanes are clear and ready to be opened to traffic.

All times will be verified and logged by the TMC. The incident commander or other personnel on the scene may also log times.

Communication between the vendor and the TMC is critical to the success of the TRIP program. The vendor is encouraged to contact the TMC at any time during a TRIP event.

Section 10: Incentive Payment

During peak hours, when a vendor is informed by the TMC that an incident has been declared a TRIP event, the vendor shall mobilize and arrive at the scene with the necessary equipment within 45 minutes from the initial contact by the TMC. Peak hours are defined as 5:30am to 7:00pm, Monday through Friday, excluding holidays. During non-peak hours, the arrival time shall be 60 minutes.

Upon arriving on the scene, the vendor shall complete the removal and clearance of all large commercial vehicles, cargo, debris and fluids from all travel lanes to allow the opening of all travel lanes to traffic within 90 minutes following the incident commander’s authorization to start work, taking into consideration stoppage times, if any (see Section 11).

If the vendor meets both the arrival and clearance time requirements set forth above, ODOT agrees to provide an incentive payment to the vendor of $2,499.00 per successful TRIP event. If the vendor fails to meet either of the requirements set forth above, no incentive payment will be provided to the vendor for that TRIP event.

In the case that the vendor is still en route to the scene or arrives on the scene (but has not begun work) within the designated time frame set forth above after being notified by the TMC that an incident has been declared a TRIP event, and is subsequently advised by the TMC that the TRIP event has been cancelled, the vendor shall receive an incentive payment of $600.00 for its response and mobilization time and effort. Only the TMC can cancel a TRIP event.

Incidents involving more than one large commercial vehicle are considered as a single TRIP event for the purposes of the arrival and clearance times, and incentive payment.

The vendor shall provide an invoice to ODOT for each qualifying and successful TRIP event, indicating the dispatch, arrival, clearance times and location of the event. The invoice shall be submitted as an e-mail attachment to the following address: DOT-Statewide.TRIP@dot.ohio.gov The address on the invoice must match the vendor address as registered with Ohio Shared Services.

Please be advised that ODOT intends to pay the vendor using the State’s payment (credit) card.

The vendor agrees to seek all compensation for actual vehicle recovery and towing services performed pursuant to this program solely from the owner of the vehicle or their insurance company (or negligent party insurer). The vendor agrees that by performing TRIP services pursuant to this agreement no claims for compensation can be made to ODOT or any Public Safety agency for any recovery or towing services.

Section 11: Extenuating Circumstances and Additional Information

Certain extenuating circumstances beyond the control of the vendor may delay the clearance of the scene. When directed to stop clearance activity by the incident commander, the vendor will not be penalized for the time they were delayed. The vendor shall contact the TMC whenever directed to stop, and again when directed to resume. The “90-minute clock” will be paused during these stoppage times.

If the vendor is already working at the scene with all necessary equipment when the TMC declares an incident a TRIP event, the mobilization/arrival time as described in Section 10 will not apply, and the “90-minute clock” will start when the TMC contacts the vendor to inform that the incident has been declared a TRIP event.

If possible, vehicles, cargo, and debris moved from the travel lanes should be removed from the scene at the time of the TRIP event. If this is not practical, and if authorized and instructed by the incident commander, these items may be left temporarily on the right-of-way for removal at a later time. The vendor shall return to the scene and remove all remaining vehicles, cargo, and debris, closing one or more travel lanes if necessary, in accordance with applicable ODOT Permitted Lane Closure Schedule (PLCS). If the section of road is not included in the PLCS, the time of return shall be selected with the approval of the ODOT district. Upon returning, the lane closure shall be in conformance with the Ohio Manual of Uniform Traffic Control Devices (OMUTCD) and other relevant standards.

Based on the time, location and nature of the TRIP event, traffic flow conditions at the scene, and in consideration of the PLCS, the requirement to have all travel lanes clear and ready to be opened to traffic as described above may be waived or delayed, at the sole discretion of the TMC and/or incident commander on the scene. In these cases, the vendor will be notified, and the TRIP event times adjusted accordingly.

The incident commander will vary due to the nature of the accident scene. Typically fire, police, or Ohio State Patrol (OSP) personnel will be filling the role of incident commander. If neither fire nor public safety personnel are on the scene, then the ODOT Transportation Manager or ODOT representative on the scene will act as the incident commander.

mailto:DOT-Statewide.TRIP@dot.ohio.gov

Section 12: Failure of the Vendor to Perform

An awarded vendor will not be eligible to receive an incentive payment if they fail to arrive on the scene with the necessary equipment in the required time frame as described in Section 10.

An awarded vendor will not be eligible to receive an incentive payment if they fail to complete the required work in the required time frame as described in Sections 10 and 11.

Extenuating circumstances that cause delays to the vendor will be considered on a case-by-case basis with adjustments made to the established time frames if deemed appropriate. These decisions will be at the sole discretion of ODOT to determine.

An awarded vendor must disclose contractual agreements with local Police Department agencies or OSP. This would include being on a tow rotation list.

If an awarded vendor purchases another towing company that is also on the TRIP list within the same zone, ODOT must be notified of this information.

One or more failures of an awarded vendor to meet all TRIP program requirements contained herein may cause that vendor to be disqualified with immediate cancellation of a contract resulting from this invitation to bid.

Section 13: Vendor Disqualification

During any duration of a contract resulting from this invitation to bid, if an awarded vendor is found to not maintain the necessary equipment as described in Section 5, or comply with any other program requirements herein, they may be disqualified from participating in the TRIP program at the sole discretion of ODOT. Disqualification will be pending for thirty (30) days giving the vendor the right to meet with ODOT to seek alternatives prior to disqualification. Nevertheless, ODOT reserves the right to disqualify an awarded vendor for any cause if ODOT feels the awarded vendor is incapable of performing services or if the vendor has acted in an irresponsible manner. No work will be given to a vendor during a thirty (30) day disqualification period.

Cherry-picking by the vendor (i.e. a tendency to accept easier jobs and refuse those more difficult) will be deemed unacceptable by ODOT. One or more refusals of a vendor to accept a TRIP call may be grounds for an awarded vendor to be disqualified and removed from participating in the TRIP program.

Should an awarded vendor’s right to do business in the state of Ohio or any of the areas impacted by this program change, ODOT reserves the right to disqualify that vendor and immediately cancel a contract resulting from this invitation to bid with that vendor. Additionally, any change in an awarded vendor’s ownership may result in immediate disqualification.

ODOT reserves the right to perform inspections on the vendor’s facilities, equipment, and paperwork, at any time prior to contract award and throughout the duration of a contract resulting from this invitation to bid, to assure the vendor’s ability to perform as per the requirements set forth herein.

Exhibit 1 – TRIP Zones

Zone Route Termini

1A I-75 US-33 (Exit 110) to SR-696/US-30 (Exit 135)

1B I-75 SR-696/US-30 (Exit 135) to Hancock County Route 99 (Exit 161)

2A

I-75 US-6 (Exit 179) to Michigan State line

I-280 Entire length

I-475 Entire length

US-23 I-475 to Michigan State line

2B I-75 Hancock County Route 99 (Exit 161) to US-6 (Exit 179)

3A I-71 SR-97 (Exit 165) to SR-539 (Exit 198)

3B I-71 SR-539 (Exit 198) to I-271

I-76 I-71 to SR-261 (Exit 11)

4A

I-77 SR-212 (Exit 93) to SR-241 (Exit 118)

US-30 SR-172 to Trump Ave

US-62 I-77 to SR-43

4B

I-76 SR-261 (Exit 11) to SR-43 (Exit 33)

I-77 SR-241 (Exit 118) to I-271

I-277 Entire length

SR-8 I-76 to I-271

4C I-76 SR-43 (Exit 33) to Bailey Rd (Exit 57)

4D

I-76 Bailey Rd (Exit 57) to Ohio Turnpike

I-80 Ohio Turnpike to Pennsylvania State line

I-680 Entire length

US-62 I-680 to US-422

US-422 SR-193 to US-62

SR-11 US-224 to SR-82

SR-193 I-680 to US-422

SR-711 Entire length

4E I-90 Lake/Ashtabula County line to Pennsylvania State line

5A

I-70 SR-256 (Exit 112) to US-40 (Exit 142)

SR-16 SR-37 to SR-586

SR-37 SR-161 to SR-16

SR-161 US-62/E Johnstown Rd to SR-37

5B I-70 US-40 (Exit 142) to SR-83 (Exit 169)

5C I-70 SR-83 (Exit 169) to Belmont County Rd 114 (Exit 198)

I-77 SR-821 (Exit 28) to US-36 (Exit 65)

5D US-33 Fairfield/Hocking County line to SR-317 (Hamilton Rd)

6A

I-70 Hilliard-Rome Rd (Exit 91A) to SR-256 (Exit 112)

I-71 SR-665/London-Groveport Rd (Exit 97) to US-36/SR-37 (Exit 131)

I-270 Entire length

I-670 Entire length

US-33 SR-317 (Hamilton Rd) to I-70 on the southeast side of Columbus

US-33 I-270 to SR-161/Post Rd on the northwest side of Columbus

SR-104 I-71 to US-33

SR-161 I-270 to US-62/E Johnstown Rd

SR-315 I-70 to I-270

6B I-71 SR-435/US-35 (Exit 65) to SR-665/London-Groveport Rd (Exit 97)

6C I-70 Clark/Madison County line to Hilliard-Rome Rd (Exit 91A)

6D I-71 US-36/SR-37 (Exit 131) to SR-97 (Exit 165)

7A

I-75 Austin Blvd (Exit 41) to I-70

I-675 Entire length

US-35 SR-49/W Third St to US-35 Business (west interchange)

SR-4 I-75 to I-70

7B I-70 SR-49 (Exit 24) to SR-4 (Exit 47)

I-75 I-70 to Miami County Route 25A (Exit 83)

7C

I-70 SR-4 (Exit 47) to Clark/Madison County line

US-68 Fairfield Pike to Springfield-Urbana Pike

SR-4 I-70 to US-68

7D I-75 Miami County Route 25A (Exit 83) to US-33 (Exit 110)

8A

I-74 Entire length

I-75 Ohio River to Union Center Blvd (Exit 19)

I-275 Indiana State line to I-75

SR-126 I-275 to I-75

8B

I-71 Ohio River to SR-123 (Exit 32)

I-275 I-75 to the Ohio River

I-471 Entire length

SR-126 I-75 to US-22/SR-3

SR-562 I-75 to I-71

8C I-75 Union Center Blvd (Exit 19) to Austin Blvd (Exit 41)

SR-129 SR-4 Bypass (Exit 18) to I-75

8D I-71 SR-123 (Exit 32) to SR-435/US-35 (Exit 65)

8E I-70 Indiana State line to SR-49 (Exit 24)

10A I-77 Ohio River to SR-821 (Exit 28)

11A I-70 Belmont County Rd 114 (Exit 198) to West Virginia State line

I-470 Entire length

11B I-77 US-36 (Exit 65) to SR-212 (Exit 93)

US-250 I-77 to SR-800

12A I-90 Cuyahoga/Lake County line to Lake/Ashtabula County line

SR-2 I-90 to SR-535 (Exit 223)

12B

I-71 I-480 to I-90

I-77 I-480 to I-90

I-90 Lorain/Cuyahoga County line to Cuyahoga/Lake County line

I-490 Entire length

SR-176 I-480 to I-71

12C

I-71 I-271 to I-480

I-77 I-271 to I-480

I-271 I-71 to I-77

I-480 Ohio Turnpike (Lorain County) to I-77

12D

I-271 I-77 to I-90

I-480 I-77 to Ohio Turnpike (Portage County)

US-422 I-271 to SR-44

12E I-90 Ohio Turnpike to Lorain/Cuyahoga County line

SR-2 Erie/Lorain County line to I-90

Exhibit 2 – TRIP Zone Map

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.

(the remainder of this page has been left intentionally blank)

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.

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

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 https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public mailto:Contracts.Purchasing@dot.ohio.gov

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.