087-24.pdf

Invitation No.: 087-24 Location: Statewide Commodity: Training for Light Duty Gas and Diesel Engine Repair Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/087pricing.xlsx

INVITATION TO BID (ITB)

State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services

Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

October 3, 2023 at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

(authorized to answer questions about your company’s bid)

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS

PROCUREMENT VIA THE FOLLOWING WEBSITE:

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/087pricing.xlsx mailto:contracts.purchasing@dot.ohio.gov

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

Zip files CANNOT be sent.

We respond to every submission. If you don’t get a response from us saying, we received your bid within a day, reach out or resubmit.

Invitation No. 087-24

ITB 087-24 Training for Light Duty Gas and Diesel Engine Repair 9/06/2023

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

This training is to provide basic instruction in the description and operation, repair, testing, inspecting, services, & diagnostics of gas and diesel engines. Participants must be required to demonstrate hands-on skills to perform moderately complex exercises during the course of the training in all specified areas. After completion of this training, ODOT’s mechanics and auto technicians will be more prepared to pursue ASE certifications in the A1, A8, T1, & T2 categories.

1.1: Optional Pre-Bid Presentation

Optional pre-bid presentation will be held in the intent that ODOT feels necessary. Date and Times of the meeting will be sent out at further notice if ODOT feels this optional pre-bid presentation is needed. If the meeting is held, any required addendum/clarifications will be published after the pre-bid meeting. For additional information regarding the pre-bid meeting contact Todd Vankirk at (614) 466-3209.

The vendor must submit by email their intention to attend the optional pre-bid presentation by to:

Jeremiah Williams ODOT Training Officer Jeremiah.Williams@dot.ohio.gov

ODOT will respond to the vendor’s email giving the vendor their slotted time for the pre-bid presentation.

Section 2: Contract Duration

The effective duration of this contract shall be from the Date of Award through October 31, 2025. Unit bid pricing awarded shall be effective throughout the entire duration of the agreement.

Section 3: Training Requirements

Days 1 and 2 (Light Duty Gas & Diesel Engine Repair):

Objectives for Topic 1: Understanding Warnings, Caution, & Associated Risk

• Warnings, Cautions, & Associated Risk o Gas & Diesel Engines (Fire, Noise, etc.)

o Accessory Drives (Pinch Points, Fans, etc.)

o Electric Components (Shock Hazards, etc.)

Objectives for Topic 2: Tactical Diagnostic Series – Scan and Scope

Misdiagnosis and unnecessary parts replacements plague many shops and technicians. Eliminating these pitfalls to maximize diagnostic efficiency is the strategic focus of this class. A tactical approach to using your full arsenal of diagnostic equipment in concert, as conditions require, to quickly diagnose with 99.9% certainty, is the goal. This provides the diagnostic and repair efficiency that satisfies customers and makes you money.

• Capabilities of OEM scan tools

• Review the capabilities and limitations of aftermarket scan tools mailto:Jeremiah.Williams@dot.ohio.gov

• Realize the full capabilities of DSOs (Digital Storage Oscilloscopes)

• Discuss integration of scan tool and scope usage to clarify and validate diagnosis

Objectives for Topic 3: Network Communication and Diagnostics

In this class, we will discuss how the network operates and be able to apply this knowledge in a practical way to the vehicles in your bay.

• What you need to know about Bus systems

• Isolate modules for quicker diagnostics

• Provide tech-tips from real world case studies

• Review proper techniques and the importance of terminal integrity

• Discuss how to deal with each module one-on-one

• Define precautions that will save you from making mistakes

Enhanced Air/Fuel Diagnostics

This course is designed to eliminate confusion regarding Oxygen and Air/Fuel Ratio Sensors and lead the technician to more efficient diagnostics. They will learn the role these sensors have in fuel control strategies. Learn to utilize fuel system monitor operation to help identify the root cause of the failure.

• Detailed coverage of O2 Sensors vs Air/Fuel sensors

• Proper utilization of 5-gas diagnostics

• Interpretation of scan data to develop a test plan

• Micro probe testing of AFR Sensors

Gasoline Direct Injection – Operation and Diagnostics

The purpose of direct fuel injection is to improve fuel economy and reduce tailpipe emissions.

through a precisely metered fuel charge delivered directly to the combustion chamber. Direct injection can significantly increase horsepower and torque, reduce hydrocarbons, and improve fuel.

economy. This course provides students with the background to diagnose faults in direct injection fuel.

Systems using service information and a variety of test equipment.

• Operation and purpose of direct fuel injection

• Low-pressure side: fuel pump, fuel pump control module, low-side fuel pressure control

• High-pressure side: high-pressure fuel pump

• Fuel injectors, fuel pressure sensor

• Engine misfire and valve deposit faults

Days 3 and 4 (Gas and Diesel Engine Performance):

Objectives for Topic 4: Understanding OBD II Computer Control Systems

Scan Tool Diagnosis –

• GDI system low side pump duty cycle, high side rail pressure, control rail pressure, depressurize system FUEL Trims including rear and PUMP TRIM, O2 / Wideband data, alcohol content, ignition timing changes

• Volumetric Efficiency testing including expected vs actual MAF on scan tool

• VVT cam/crank correlation- degree of error. Command system, cause failure

Scope testing –

• In-cylinder pressure transducer waveform, pressure analysis

• Communication waveforms, cause failure

• Cam/Crank correlation using waveforms

• Ignition amp ramp/voltage

• Injector amperage/voltage. Compare GDI to PFI

• Relative compression

Objectives for Topic 5: Troubleshooting Engine Performance Problems

Strategies for a Successful Day in the Bay

Each day, technicians prepare for the diverse challenges posed by modern diagnostics and repair. Unfortunately, we don't get to choose the vehicles that land in our bay, but each one brings unique opportunities for growth.

This course is the first in a series of case-study-based diagnostics, told from the technician's viewpoint. Real-world case studies are utilized showing the importance of following a proven approach for success.

• Balancing efficiency of our time, while remaining accurate in our diagnosis

• Incorporating scan tools, oscilloscopes, multi-meters, service information and all the resources available to the modern technician

• Following customer concerns through completion of repair

Another Day in the Bay

New case studies and techniques are highlighted in this class. Keep your skills sharp with an accurate depiction of another “Day in the Bay”. From seemingly simple repairs to all-out challenges, you need to prepare yourself to tackle these issues with the proper mindset.

This course is the second in a series of case-study-based diagnostics, told from the technician's viewpoint.

Real-world case studies are utilized showing the importance of following a proven approach for success.

• Balancing efficiency of our time, while remaining accurate in our diagnosis

• Incorporating scan tools, oscilloscopes, multi-meters, service information and all the resources available to the modern technician

• Following customer concerns through completion of repair

Section 4: Course Standards

Automotive Service Excellence (ASE) certification standards will be applied to course content when applicable.

Section 5: Training Logistics

1. Training class size will not exceed twelve (15) participants and be at least a minimum of six (6) participants per session, but regardless of class size, there will be no more than two (2) participants per training aid used in class. A training aid includes, but is not limited to, electrical circuit boards, scan tools, and other special tools.

2. Each session covering all topics will be presented in a four (4) consecutive day format.

Objectives for Topics listed in Section 3 above will be covered as follows:

a. Objectives for Topics 1 - 3 (Light Duty Gas & Diesel Engine Repair) will be covered in Days 1 and 2

b. Objectives for Topics 4 - 7 (Gas & Diesel Engine Performance) will be covered in Days 3 and 4

3. ODOT will provide the required number of International trucks (2004 or newer) and light duty vehicles for each session.

4. The awarded vendor will provide all training materials (written or electronic), audio, External

Audio Speakers, Projector, Batteries, Pens, Pencils Dry Erase Markers, Name Tags, visual equipment, instructor laptops, instructors, electrical circuit boards, scan tools, other special tools as necessary, and travel expenses including hotels, meals, incidentals, etc.

5. ODOT will own all training materials (written or electronic) following the completion of this contract.

6. The ODOT Office of Equipment Management, the ODOT Office of Employee Development and

Lean and the Mechanic’s Training Program will be notified and review any changes to course material after sessions have begun or while in progress.

7. Vendor will provide the request for the required number of vehicles no less than fourteen (14) business days prior to the first scheduled training session.

8. The vendor must provide the ODOT Office of Employee Development and Lean and the Office of

Equipment Management with copies of training records from each session, including but not limited to: sign in sheets, test results (to include a letter grade and/or actual percentage correct test score), grading scale, and any individual session evaluations regarding the course within five (5) business days of course completion date. Information should be sent to the designated ODOT employee(s) by email.

9. Vendors must notify ODOT Office of Employee Development and Lean and the Office of

Equipment Management, or Mechanic’s Training Program of any changes to instructors. Instructors training this course must demonstrate a portion of the course during the pilot session.

Section 6: Training Sites/Scheduling

The ODOT Office of Employee Development and the Office of Equipment Management will obtain and schedule training sites. Training may be conducted at any of ODOT’s twelve (12) district offices and/or county facilities within Ohio as defined by the ODOT Office of Employee Development.

All training sessions will be scheduled by the ODOT Office of Employee Development and the Office of Equipment Management in partnership with the vendor to ensure adequate participant enrollment to meet the requirements of this contract.

The Invoicing must be received no later than seven (7) business days after each session has been completed.

Training sessions will be conducted four (4) consecutive days each week, Tuesday-Friday between the hours of 8:00 a.m. and 4:00 p.m. to include a 30-minute lunch. Instructor set-up time will be available at the scheduled sites on Monday(s) or Friday(s), depending on session scheduling, between the hours of 7:30 a.m. and 2:00 p.m.

Vendor will conduct a pilot session prior to the start of the training. The pilot participants will be chosen by ODOT. Vendor will make changes to the training materials and/or how the training is conducted based on the results of the pilot session.

Section 7: Vendor Training Quantities

There are no guaranteed quantities under this contract. The numbers listed are estimates for contract duration: Light Duty Engine Repair and Performance – approximately 40 participants. In order to meet the initial training needs, two separate sessions may need to be conducted for most weeks during the specified time period.

Section 8: Vendor Requirements

Required materials (below) must be included along with the completed bid package for the bid to be responsive.

1. Detailed training course descriptions, course objectives, including participant and instructor training materials, explanation of training delivery methods, course evaluation, daily schedule breakdown, hands-on exercises, and pre- and post-testing format(s).

2. A list of instructors that will be utilized for the duration of this contract and biographical information on each instructor to include qualifications to perform duties required. Minimum qualifications for instructors shall include at least five (5) years of experience in the field of automotive and diesel repair and ASE A-1, A8, T1, T-2, or an equivalent certification (for example, UTI, NIAT or International Fluid Power Society).

Section 9: Pricing

The vendor shall submit their pricing through the excel pricing sheet given by the Department. A hard copy of the completed pricing page and a USB drive containing the completed excel file shall be included in the submitted bid package.

The price per student will include all the vendor’s related travel expenses. The expenses will include hotel/motel, meals, mileage, incidentals, and any other related expenses. No other charges will be accepted by the Department.

Prices will not include expenses for concessions (lunch, refreshments, etc.), nor will concessions be provided to the participants. Prices will not include a facility fee when ODOT facilities are being used.

Section 10: 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.

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

Terms and Conditions for Submitting Excel Pricing File in Bid Package (Last Revised 07/2020)

1. DOWNLOADING THE EXCEL PRICING FILE: Bidders can access and download the most current Excel Pricing File for this procurement by following the hyperlink provided below:

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

3. 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.

4. 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.

5. 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 08/17/2023)

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 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:

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

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 PACKAGED: All submitted bids in response to this procurement must be emailed to contracts.purchasing@dot.ohio.gov – Paper bids will NOT be accepted.

3. WHAT NEEDS INCLUDED IN BID PACKAGE: Submitted bid packages should include, at a minimum, a completed Signature Page, a completed Excel pricing page, and all necessary supportive documentation, forms, and any other information required herein. The Department may deem a bid non-responsive for failure to submit any of the documents requested above.

4. 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 (hyperlink below). 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.

Pre-bid questions/inquiries must be submitted electronically through the following website:

Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc

It is each bidder’s sole responsibility to check the website for updates to pre-bid questions and answers before submitting its bid package to the Department.

5. 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 Department’s Upcoming ITB’s website and shall be automatically incorporated into the bidding/contract documents:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx

In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address:

Contracts.Purchasing@dot.ohio.gov

6. 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.

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.

7. WHERE BIDS MUST BE DELIVERED TO: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

8. LATE BIDS: All Bids must be received by the Department in their entirety by the Bid Submission Deadline

(bid opening date) established within this procurement. If a required Bid document is received after the Bid Submission Deadline (bid opening date), the Bid will be deemed to be “Late”. Late Bids will not be considered for award of this procurement. Late Bids will be kept in the Department’s file to serve as an official record of the Late Bids having been received.

NOTE: The Office of Contract Sales, Purchasing Section inbox's timestamp shall take precedence over any other timekeeping device or method, and will be utilized by the Department to determine whether or not all required Bid documents were received by the Bid Submission Deadline (bid opening date).

9. BID OPENING PROCEDURE: In accordance with ORC 9.28(B), Materials submitted to a public office in response to a competitive solicitation shall not be considered public records for purposes of section 149.43 of the Revised Code until the date the public office announces the award of a contract based on the competitive solicitation or the cancellation of the competitive solicitation.

10. 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.

11. WITHDRAWAL OF BIDS: A bidder may, by way of written notice to the Purchasing Services section, request to withdraw their bid response prior to the bid submission deadline. The request must be received by the Purchasing Services Section PRIOR to the start of the public bid opening (beginning at 1:01 p.m.)

mailto:Contracts.Purchasing@dot.ohio.gov on the date of the bid submission deadline. Such written notice must set forth the specific reasons for the bid withdrawal.

For requests to withdrawal a bid after the bid opening has begun, the bidder may request to withdraw their bid response from consideration if the unit bid price(s) submitted are unreasonably lower than the other bids received, provided the bid was submitted in good faith, and the reason for the unit bid price(s) being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw after the bid opening must be received by the Purchasing Services section within no later than forty-eight (48) hours of the scheduled bid opening.

The decision to allow a bid to be withdrawn is at the sole discretion of the Purchasing Services section. If the bid is to be awarded by category, lot, or group the withdrawal request will apply to all items within the category, lot, or group. All documents and conversations relating to any withdrawal request will become a part of the permanent bid file.

12. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may request to modify their bid response prior to the scheduled date and time set for the public bid opening (i.e. bid submission deadline). To modify a bid response, the bidder must provide an alternate, complete bid package containing all required forms and necessary documents. The alternate bid package must have in the email subject line “REVISED”.

13. 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.

The following requirements also apply to unit bid prices:

a. 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.

b. 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.

c. 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).

d. 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.

e. 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.

f. 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).

14. 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. A bidder must complete the enclosed Ohio Bid Preference Certification Statement form to be eligible to receive any applicable bid preferences.

15. 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.

16. 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.

17. 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:

a) experience of the bidder;

b) bidder’s financial condition;

c) bidder’s conduct and performance on previous contracts;

d) the bidder’s facilities;

e) the bidder’s management skills;

f) the bidder’s employees;

g) past experience and/or quality of bidder’s proposed subcontractors;

h) the bidder’s ability to execute the contract;

i) review of Federal and Department debarment lists;

j) bidder has history of successful performance on contracts of similar size and scope; and

k) current or impending legal actions against a bidder.

18. 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.

19. 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.

20. 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.

21. 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.

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.

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.

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.

22. 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.

23. 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.

Acceptance of any deviations or modifications will be confirmed by the Department in writing, if accepted. If the Department does not specifically approve submitted deviations or modifications in writing, an award of this procurement shall not constitute acceptance of the bidder’s submitted modifications.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

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.

29. 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.

30. 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).

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.

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.

31. PUBLIC POSTING OF AWARDED CONTRACTS: All Contracts awarded by the Office of Contract Sales, Purchasing Services section are posted to the Department’s website and open for public review.

Successful bidders and awarded Contract pricing can be found by viewing the Contract’s award tab (Excel file). Award tabs can be accessed via the following website:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseCurrentContracts/CurrentKs.aspx

32. 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.

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.

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 http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseCurrentContracts/CurrentKs.aspx mailto:Contracts.Purchasing@dot.ohio.gov

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.

13. 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.

14. 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.

15. 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.

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

17. 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.

18. VENDOR: The bidder who, upon awarding of a contract, then becomes…