146-27.pdf146-27.pdf

Invitation to Bid: 146-27

TRAILERS, NEW AND USED

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of these specifications is to establish a contract for trailers, new and used. The trailers will be used for the transporting of equipment and materials across the State of Ohio.

Bidders may submit pricing for both new and used equipment for this contract.

Used equipment on the vendor’s inventory sheet may be sold at any time and may not be available to ODOT for purchase. ODOT will inspect all used equipment prior to purchase.

All new equipment must be brand new from the factory. All new equipment will be the latest current model incorporating the latest engineering changes, with manufacturer's standard equipment, unless otherwise specified, meeting all the standards listed below.

Section 2: Multiple Award

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

Section 3: Contract Duration

The effective duration of this contract shall be for twelve (12) months from the Date of Award.

ODOT reserves the right to unilaterally extend this Contract up to one (1) calendar month beyond the original contract expiration date at the original unit bid prices awarded.

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

The net unit bid price shall include delivery charges, Free on Board (F.O.B.) to any of ODOT’s twelve (12) Districts and eighty-eight (88) county destination locations in the State of Ohio, as per the enclosed map:

NOTE: Purchase orders when issued, will detail specific destination points.

District 1 - Lima District 7 - Sidney

District 2 - Bowling Green District 8 - Lebanon

District 3 - Ashland District 9 - Chillicothe

District 4 - Akron District 10 - Marietta

District 5 – Jacksontown District 11 – New Philadelphia

District 6 – Delaware District 12 – Garfield Heights

Central Garage – Columbus (CG) OPI/CCI – Chillicothe

Section 5: Delivery

Delivery of the equipment will be F.O.B. Destination to the ship to address listed on the purchase order (this includes Co-Op) locations.

Delivery shall be required to be completed within 150 calendar days of receipt of valid Purchase Order.

5.1: Delivery Hours

All deliveries made to a Department of Transportation facility must be made between the hours of 8:00 a.m. and 2:30 p.m., Monday through Friday, unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Section 6: Purchase Orders

Purchase Orders will be made out to the vendor who submitted the bid and was awarded. They cannot be made out to the dealers under this vendor.

The awarded vendor must be able to accept orders for new and used trailers for the entire duration of the contract, inclusive of any contract extensions exercised or agreed upon between the Parties.

Section 7: Additional Charges

The net unit bid prices submitted shall include installation/assembly costs, labor costs, and inspection costs.

Section 8: Invoicing

In order to streamline the invoice payment process, the Office of Equipment Management requires vendors to email an attached copy of the invoice to the following address: dot.cen.oem@dot.ohio.gov.

Invoice is to be sent on the date that the ordered commodity is delivered to the Department.

Paper invoice to be mailed to the “Bill To” contact and address located on the purchase order. If the order is processed through a credit card, the vendor will remit the invoice to the Credit Card holder’s name and address.

Section 9: Identification Number

With invoicing, provide description and serial number/vin for each commodity being built.

Section 10: Trade-in

The Ohio Department of Transportation (and Political Subdivisions) reserves the right to offer used, operational equipment as trade-ins. The trade-in equipment will be complete and in running condition.

The Administrator of the Office of Equipment Management reserves the right to reject or refuse any trade-in allowances offered if it is determined by ODOT that refusal will be in ODOT’s best interest.

Quoted trade-in values must be held firmly. The only exception would be if damage occurred to the equipment being traded-in after the quotations have been accepted by ODOT. This change in the quotation must be preapproved by ODOT before the used equipment is transferred to the vendor. It is ODOT’s responsibility to notify the awarded vendor of any damage that has occurred after the award.

If there is trade in equipment at the site when dropping the new unit off, the awarded vendor must haul it away.

Section 11: Certificate of Title or Certificate of Origin

Certificate of Title or Certificate of Origin to be furnished within thirty (30) days after delivery of the equipment. Title to be filed in Franklin County and made out to: State of Ohio, Department of Transportation, 1620 West Broad Street, Columbus, Ohio 43223. Delivery will not be considered complete unit the title is received by Department.

Section 12: Warranty and Service Dealers mailto:dot.cen.oem@dot.ohio.gov

It will be the responsibility of the awarded vendor/manufacturer to provide a list of authorized on-site service providers or authorized dealers in the State of Ohio to provide warranty and service repair.

Any warranty repairs/part orders that take longer than a week, the vendor is to provide a loaner until

ODOT’s machine is back on site. If down repairs take longer than 48 hours, the vendor is to provide a loaner until ODOT’s machine is back on site.

ODOT is not responsible for incurring travel expenses.

Section 13: Fluids & Lubricants

Vendor must fill out “FLUIDS & LUBRICANTS” tab to the manufacture’s standard recommendation. Must fill out accordingly to the equipment being bid through this contract.

The vendor may add more rows & columns if there are more fluids or lubricants not covered in the spreadsheet.

Section 14: Options List

All bidders are highly recommended to provide a complete manufacturer’s options list for the make and model bid. If ODOT plans to purchase a piece of equipment with an option that you had not bid, it could exclude you from consideration for that specific purchase.

This shall be included on pricing page excel options sheet.

Section 15: Descriptive Literature

Bidders are required to submit with their bids, the latest literature that fully describes the units being bid.

The Department may, at its own discretion, find a bid non-responsive for failure to submit this descriptive literature. Bidders shall submit this literature electronic format to ensure that this requirement is fully met.

By signing and submitting a bid for this solicitation, the bidder is certifying that the make and models of all items bid herein are the latest and most current manufacturers’ models and will include the manufacturer’s latest engineering changes.

Section 16: Price Change

All bid pricing shall not increase for the first sixty (60) calendar days after the date of the bid opening.

Thereafter, a request for a price increase may be submitted in writing to the Department’s Office of Contract Sales along with all documentation that supports the need for the price increase. No price increase will be effective until it is approved by the Department and the Vendor is notified of such approval in writing. The price increase will take effect upon the date the Vendor is notified. In the event that a price increase is accepted by the Department, the Vendor may not seek an additional price increase for at least thirty (30) calendar days. The Department reserves the right to reject any proposed price increase, or to cancel the contract if such action is determined to be in the best interest of the Department.

In the event of a general price decrease, the Department shall be guaranteed full benefit of the price reduction for all undelivered purchase orders on the effective date of the decrease and thereafter. The Department will be entitled to a price decrease any time the Vendor sells a product or a service to any similarly situated customer for less than the price agreed to between the Department and the Vendor under this Contract. Any time the Vendor sells a product or provides a service to any customer or dealer for less than it is available to the Department under this Contract, the Vendor must notify the Department of that event within thirty (30) calendar days of its occurrence and immediately reduce the price of the affected goods or services to the Department under this Contract. If the Department believes it is appropriate, it will ask to renegotiate the price under this Contract of the goods and services affected by the general reduction in price. If the Vendor and the Department cannot agree on a renegotiated price, the Department will have the right, upon notice to the Vendor, to immediately remove the affected products and services from this Contract.

Section 17: Product Specifications

All parts not specifically mentioned, which are necessary to provide a complete unit, or normally furnished as standard equipment shall be furnished. The parts shall conform in strength, quality of material and workmanship to what is normally provided in the industry.

This equipment must meet ALL Federal and State regulations.

The signing of this bid shall be considered a certification that the model as bid herein is the latest current model and will include the manufacturer’s latest engineering changes.

The Ohio Department of Transportation will consider performance history of similar equipment, vendor’s service and vendor’s overall responsiveness to the Department of Transportation’s utility of the products.

The Bidder of the equipment which is considered for award shall, at the request of the Ohio Department of Transportation, demonstrate the equipment at a location chosen by the Department Personnel to prove any feature or performance capabilities which may be in question. Should the Demonstration Equipment fail to meet Department requirements, the equipment shall be adjudged as non-conforming to bid specifications. Any equipment failing to meet the Department’s requirements/specifications, set forth in this bid document, can be removed from the contract at any time.

Compliance check boxes: Located to the right of each minimum specification are the “Comply or Don’t Comply” check boxes. Check the Comply Box if the equipment being bid meets or exceeds the minimum specifications. If the equipment does not meet or exceed the department’s minimum specifications, then the bidder must check the Don't Comply box and supply an explanation, on the ODOT excel pricing tab called “EXCEPTION”, for the non-compliant specification. The department has the right to review the “Don’t Comply” explanation and make a decision to accept or deny the equipment being bid. The bid package will be determined non-compliant and rejected by ODOT if the bidder fails to check either a Comply or Don't Comply box for each and every line of the specification being bid. This section is located in the ODOT supplied excel pricing spreadsheet, on the “SPECIFICATIONS” tab.

All other remarks, comments, etc. that are not check marks located in the check boxes will deem the vendor non-compliant.

(Specifications are located in the excel pricing sheet)

Section 18: Required Ohio Shared Services Vendor Registration

All vendors that are deemed awarded any portion of this invitation to bid are required to be registered through the Ohio Shared Services Office to obtain an OAKS Vendor Identification Number, if they have not already obtained one, in order for an award of this invitation to occur. An award of this invitation cannot be completed until this vendor registration process has taken place and an OAKS Vendor Identification Number has been assigned. It is strongly encouraged that prospective bidders submit their vendor registration paperwork to Ohio Shared Services as soon as possible before the day of the bid opening of this invitation to bid. This will avoid delays in the awarding of this invitation to bid and allow contract purchasing to commence sooner.

The required forms to become registered through Ohio Shared Services can be found by following the link below: http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx

Completed forms are required to be submitted directly to Ohio Shared Services, per the submission instructions on the forms. Completed forms or questions regarding this vendor registration process should http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx not be directed to ODOT. Any questions regarding this registration process should be directed to Ohio Shared Services Customer Service by calling 1-877-644-6771.

PLEASE NOTE: THIS VENDOR REGISTRATION PROCESS DOES NOT APPLY TO VENDORS WHO REGULARLY PARTICIPATE ON ODOT PURCHASING CONTRACTS. IF THE DEPARTMENT HAS ISSUED TO YOUR COMPANY A PURCHASE ORDER IN THE PAST SEVERAL YEARS, AS A DIRECT RESULT OF AN AWARDED PURCHASING

CONTRACT SUCH AS THIS ONE, YOU WOULD HAVE ALREADY OBTAINED AN OAKS VENDOR

IDENTIFICATION NUMBER THROUGH OHIO SHARED SERVICES.

Section 19: Submitting Bids in Ohio Buys

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.

The Signature process takes place after the award now. The email will come from documents@esign.ohio.gov and will go to the signatory that was identified in the bid submission. The subject line will be the bid # Signature Request, (example: 101G-25 Signature Request).

No contract can be issued to your company until we receive your signature to complete the process. And you must have an OAKS Payor ID before a contract can be issued. To obtain that, you will need to go into https://ohiopays.ohio.gov.

Section 20: Registration with the Secretary of State. The contractor certifies that it is one of the following:

A company that is properly registered with the Ohio Secretary of State; or

A foreign corporation, not incorporated under the laws of the State of Ohio, but is registered with the Ohio Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or

Exempt from the registration requirements of the Ohio Secretary of State.

Section 21: Compliance with E-Verify Workforce Integrity Act

Contractor and any Subcontractor must, at all times during performance of the Contract, comply with the provisions of the State of Ohio’s E-Verify Workforce Integrity Act (Ohio Revised Code 4151.01 to 4151.03) and must verify the identity and legal working status of each employee hired to perform work on the Project through the e-verify program.

https://ohiopays.ohio.gov/

ATTACHMENT A – Ohio DOT Trailer Lighting & Wiring Standard and Specifications

ODOT will only purchase trailers that meet the following lighting and wiring specifications (Reference Drawing):

• Trailer shall meet or exceed all current Federal Motor Carrier Safety Regulations 393.9 thru 393.33.

• Trailer cord plug shall meet SAE spec. J560 and be wired directly to trailer cord with no adaptors.

• Plug to be wired as follows (no other plug wiring will be accepted):

o White – Ground return to towing vehicle o Black – Electric break controller – or not utilized if trailer has air, hydraulic or no brakes o Yellow – Left turn signal and on some light duty tow vehicles, stop/hazard lamps o Red – Stop lamps and antilock device o Green – Right turn signal and on some light duty tow vehicles, stop/hazard lamps o Brown – Clearance, marker, license plate and tail lights o Blue – If air Brake – Continuous ABS power – If electric Brake – Ing. Controlled B+ for break-away battery charge maintenance circuit

• No adapters will be accepted.

• Trailer cord to be wired to a weatherproof, 7-terminal junction block (Waytek part #47290 or approved equal).

• All trailer light wiring (including ground wiring) must be routed to junction block.

• Wire splices will be done with heat shrink butt connectors or soldered with heat-shrink.

• No wire nuts, closed end connectors or self-stripping displacement connectors (i.e. Scotch Loks).

• All lights to be LED. There shall be individual brake (2 ea.) and turn signal lights (2 ea.) for a total of 4 lights.

These lights shall be 4” Round lights in rubber grommets or 3”x7” oval lights in rubber grommets. Clearance and

Marker lights shall be 2” round lights in rubber grommets or ODOT approved equal.

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

ODOT COOPERATIVE PURCHASING PROGRAM REQUIREMENTS

(Last Revised 6/2016)

In accordance with Ohio Revised Code Section 5513.01 (B), the Department may permit and approve any Political Subdivision, State university or college, Ohio Turnpike and Infrastructure Commission, or State agency (collectively the “Ordering Agencies”) to participate in this Contract. The Office of Contract Sales, Purchasing Services section shall notify the Vendor, in writing, of the name of the Ordering Agency that has been authorized by the Department to participate in this Contract. Once approved, the responsibilities and obligations of the Ohio Department of Transportation shall cease at this point. Both the Ordering Agency and the Vendor will be bound by the Contract’s terms and conditions. The Vendor shall deal directly with the Ordering Agency that has been authorized to participate in this contract. All orders placed by the Ordering Agency shall be filled in accordance with the terms and conditions of this particular contract. All invoices for such purchases shall be sent directly by the Vendor to the Ordering Agency’s provided billing address.

The Vendor agrees indemnify the State of Ohio, Department of Transportation for any and all claims, damages, lawsuits, costs, judgments, expenses, and any other liabilities resulting from bodily injury to any person (including injury resulting in death) or damage to property that may arise out of or are related to an Ordering Agency’s participation in the ODOT Cooperative Purchasing Program and its performance under this Contract.

Political Subdivisions are defined in Ohio Revised Code Section 5513.01(C)(1) as "any county, township, municipal corporation, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, port authority, regional transit authority, regional airport authority, regional water and sewer district, county transit board, school district as defined in section 5513.04 of the Revised Code, regional planning commission formed under section 713.21 of the Revised Code, regional council of government formed under section 167.01 of the Revised Code, or other association of local governments established pursuant to an agreement under sections 307.14 to 307.19 of the Revised Code.”

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Co-op requests should be submitted through OhioBuys.

If you are a new Co-op user who would like to gain access to OhioBuys, here are the steps to follow:

Complete the Co-op User Account Request Form. The Co-op User Account Request form can be found on the OhioBuys Resources and Forms page under Templates and Forms.

Send the completed form to OBM.ContactCenter@obm.ohio.gov and put "OhioBuys" in the subject line. An OhioBuys State Admin will then use the information provided to create your new account. After your account has been created, you will be contacted.

Navigate to https://eprocurement.ohio.gov and enter your account credentials to log in to OhioBuys.

Participants also assume responsibility for ordering directly from the supplier and payment to them for any supplies or services purchased from ODOT contracts.

For more information regarding the program, please contact:

Maureen Studer: maureen.studer@das.ohio.gov | 1-614-728-3723 Renee Hinte: renee.hinte@das.ohio.gov | 1-614-466-6530 How to Submit a DOT Contract Request - 06.09 OhioBuys Submit a Co-op Contract Request Job Aid.

STANDARD TERMS & CONDITIONS

I. GLOSSARY

The following definitions are applicable to all components of the Contract. If a conflict exists between these definitions and any definition listed in the specifications or scope of work, the specifications or scope shall prevail.

A. ACCEPTANCE: Approval and retention by ODOT of any goods, products, services or other Deliverables, delivered to fulfill Contract requirements.

B. AGENCY/ODOT/DEPARTMENT: Ohio Department of Transportation

C. AUTHORIZED DEALER/DISTRIBUTOR: The vendor that maintains written legal agreements with manufacturers to act as their agent and provide goods, products, or services listed in the bid/RFQ/contract. The authorized Dealer/Distributor must maintain active and sufficient facilities necessary to perform the awarded

Contract, own title to the goods, products, or services and maintain available stock on a continuous basis and in sufficient quantity to provide uninterrupted access to the Contract Deliverable.

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

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

E. CONTRACT DATA: State data that the Contractor has access to, transmits, processes, possesses, creates, or stores in providing service to ODOT.

F. DEFAULT: The omission or failure to perform any obligation under this Contract.

G. DELIVERABLE: Any Contractor-provided products, supplies, services, work or product described in the specifications of the Contract.

H. F.O.B PLACE OF DESTINATION: The Vendor pays, and includes the cost of such in its bid, and bears the risk for the transportation and delivery of goods delivered to the specified locations provided by the Department.

I. GOODS: Anything that can be purchased that is not a service or real property.

J. INVOICE: An itemized listing showing delivery of the goods or performance of the services described in the order that must include the date of the purchase or rendering of the service, an itemization of the things done, material supplied, equipment used or labor furnished, and the sum due pursuant to the contract or obligation.

K. LOWEST RESPONSIVE AND 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 them 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.

L. MBE OR EDGE CERTIFIED: MBE means Minority Business Enterprise and EDGE means Encouraging

Diversity, Growth and Equity.

M. ORDER: A copy of a contract or a statement of the nature of a contemplated expenditure, a description of the goods to be purchased or services to be performed, other than services performed by officers and regular employees of the state, and per diem of the national guard, and the total sum of the expenditure to be made therefor, if the sum is fixed and ascertained, otherwise the estimated sum thereof, and an authorization to pay for the contemplated expenditure, signed by the person instructed and authorized to pay upon receipt of a proper invoice.

N. PRIME VENDOR/CONTRACTOR: The vendor who, upon being awarded a contract, becomes the prime vendor who is the primary source for providing the goods or services listed in the awarded Contract and the party to whom payment will be made upon delivery of the goods and/or completion of the Contract.

O. PROCUREMENT/CONTRACT/AGREEMENT: 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 becomes the contract between ODOT and the successful bidder, both governed by the laws of the state of Ohio.

PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods or services. "Purchase" also includes all functions that pertain to the obtaining of goods or services, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, all phases of contract administration, receipt and acceptance of the goods and services, and financial consideration for the goods and services by either a state agency or a third party.

P. PRODUCTS: Materials, supplies, merchandise, goods, wares, and foodstuffs.

Q. REQUEST FOR QUOTE (RFQ)/INVITATION TO BID (ITB)/COMPETITIVE SEALED BIDDING: A solicitation for goods, products, or services in which ODOT invites vendors to submit price quotes/bid responses for the supply of such goods, products, or services.

R. REQUEST FOR PROPOSAL (RFP): A solicitation for goods, products, or services in which ODOT invites vendors to submit responses that have comprehensive performance requirements, technical provisions, and specific evaluation criteria including price for scoring offers. Award is made to the bidder whose proposal is determined to be most advantageous to the state, taking into consideration factors such as price and the evaluation criteria set forth in the RFP.

S. 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.

T. STATE: The State of Ohio which also includes ODOT as applicable.

U. STATE DATA: All data and information provided by, created by, created for, or related to the activities of the State and any information from, to, or related to all persons that conduct business or personal activities with the State, including, but not limited to Confidential Data. All State Data is and will remain the property of ODOT and, unless specifically provided otherwise in the Contract, Contractor acquires no right, title, or interest in or to State Data.

If any of Contractor’s intellectual property becomes embedded in State Data, Contractor hereby licenses a non-exclusive license to ODOT to use such embedded data subject to the terms of Contractor’s license agreement.

State Data includes any information derived by or through the use of the services being provided by the Vendor, excluding any embedded portions of any service that might be in the data or information which might be the intellectual property of the Contractor.

Confidential Data includes data that is required to be protected by law or regulation, is intended for confidential use, and may not be copied or removed from the State’s operational control without authorized permission. This classification includes data that, if compromised, may result in loss of life, serious injury, or other harm to an individual or group, or disruption to critical agency operations.

Confidential Data includes, but is not limited to:

1. Certain types of personally identifiable information (PII) that are also sensitive, such as medical information, social security numbers, and financial account numbers;

2. Federal Tax Information (FTI) under IRS Publication 1075;

3. Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA);

4. Criminal Justice Information (CJI) under the Federal Bureau of Investigation’s Criminal Justice

Information Services (CJIS) Security Policy and the Law Enforcement Automated Data System

(LEADS) Policy; and

5. Other types of information not associated with an individual such as security and infrastructure records, trade secrets, and business bank account information.

V. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of goods, products, or services. It may include a description of any requirements for inspecting, testing, or preparing goods, products, or services.

W. TIME AND MATERIALS CONTRACT: A contract in which Contractor is paid the following: (1) an hourly rate for labor actually performed; and (2) if applicable and with prior approval by ODOT, for the cost of the materials, equipment or supplies actually used by the Contractor. Such rates and costs shall be established through Contractor’s submission of a price sheet, written quote, estimate, or invoice, as approved by ODOT. Hourly rates may include wages, overhead, general and administrative expenses, and reasonable profit. Materials or supplies may include the Contractor’s direct and indirect costs attributable to the work performed. Equipment may include vendor-owned equipment billed at a specified rate or costs associated with rental of equipment specific to the contract.

X. UNBALANCED: Any unit price contained in the bid submittal 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.

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

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response.

Vendors must provide documentation from the manufacturer as part of the quote/bid response that they are an authorized dealer/distributor of the goods, products or services being purchased. ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid. Vendor shall comply with the Ohio Secretary of State’s registration requirements for domestic and foreign corporations and limited liability corporations. If a Vendor that is a foreign corporation or foreign limited liability company intends to assert an exemption as described in Section 1703.02 or Section 1706.512 of the Ohio

Revised Code, a Vendor shall provide sufficient documentation that demonstrates exemption from the requirement to register with the Ohio Secretary of State’s office within seven business days of the award. Failure to do so to the satisfaction of ODOT may render the quote/bid response invalid.

B. SAMPLES REQUESTED: When requested, samples shall be furnished at the Vendors’ expense and unless otherwise specified, prior to closing of the solicitation. Samples shall be clearly identified by Vendor’s name, the solicitation number, corresponding items in the solicitation and the closing date. ODOT acknowledges that it may receive quotes/bid submittals from multiple vendors and authorized dealers/distributors quoting the same manufacturer's products. In such situations, samples may be submitted by manufacturers on behalf of multiple vendors or authorized dealers/distributors, provided that such samples shall be accompanied by written documentation, on manufacturer's letterhead, signed by an authorized representative of manufacturer, listing the named dealers/distributors and vendors for whom the samples are provided. Any vendor or authorized dealer/distributor not appearing on this listing and who has failed to furnish requested samples shall be considered non-responsive. Unless otherwise stated, any sample submitted with the quote/bid response shall not be deemed to vary from any of the provisions, specifications, or terms and conditions of the solicitation. When requested in writing, samples not destroyed in testing shall be returned at the vendor’s expense. Samples not so requested shall become the property of ODOT. Unsolicited samples which are submitted shall be at the vendor's risk and shall not be examined or tested and shall not be considered in the evaluation process. ODOT reserves the right to request samples although such may not have been set forth in the solicitation.

C. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain goods, products, and services. The purpose of the specification is to describe the goods, products, or services to be purchased and will serve as a basis for comparison of quotes/bid responses. The Department may use any form of specification it determines to be in the best interest of the

State and that best describes the goods, products, or services to be purchased. Specifications may be in the form of a design or performance specification, or a combination thereof. If the Department determines that a design, performance, or combination specification is not in the best interest of the State, it may use a brand name or equal specifications.

Where a brand name or equal specification is used, use of brand name is for the purpose of describing the base standard of quality, performance and characteristics desired only and is not intended to limit or restrict competition. Substantially equivalent supplies or services to those designated will be considered for award.

ODOT may also use a qualified products list of the federal government or may develop a qualified products list applicable to ODOT. When developing a qualified products list, ODOT shall solicit a sufficient number of suppliers to ensure maximum coverage with providers of the goods, products, or services. Any supplier, not solicited, may request inclusion on the qualified products list. Potential suppliers will be required to furnish exact samples of the goods, products, or services to be provided for testing and examination by ODOT. Only those goods, products, or services that conform to the ODOT’s requirements will be considered for inclusion on a qualified products list.

D. UNIT PRICE AND BASIS OF AWARD: Unless otherwise specified in the RFQ/bid solicitation, the unit price must be entered for each item being quoted/solicited. The unit price shall govern in the event of a discrepancy between the unit price and any extended or total price calculation.

For solicitations involving multiple items, the award shall be made on the basis of the total cost of all items combined, unless the RFQ/bid solicitation explicitly states that awards may be made on an individual line-item basis or by group. Vendors must ensure that unit prices are accurately provided for all items; the use of ditto marks, arrows, or other markings in lieu of entering actual unit prices may result in the offer being deemed non-responsive. Lot prices entered in the unit price area shall be considered as the unit price unless clearly labeled otherwise.

No changes to pricing shall be permitted after the quote or bid submission deadline. Vendors are responsible for reviewing and verifying all pricing prior to submission. In the event of a contract award, the Vendor shall be required to deliver the goods or services at the prices submitted. Vendors shall not enter a unit price of more than two (2) digits to the right of the decimal point. Any digits beyond the second decimal place will be disregarded and not used for rounding purposes in the evaluation or payment thereof.

E. QUOTE/BID RESPONSE FIRM: Once opened, all RFQs/bid responses are firm and cannot be altered. Once a contract is awarded, the Vendor shall deliver at the prices and terms quoted or provided. ODOT shall receive the benefit of any decrease in price during the guaranteed price period. Unless otherwise stated, all solicitations shall remain valid for a period of sixty (60) calendar days after the RFQ/bid solicitation closing date.

F. REJECTION OF ANY/ALL RFQ/BID RESPONSE: The Director of ODOT reserves the right to accept, or reject, any or all RFQ/bid response in whole or in part and may determine that any irregularities or deviations from the specifications do not result in the quote/bid response being non-responsive, provided however, that the Director of ODOT determines this does not affect the amount of the quote/bid response or result in a competitive advantage to the Vendor.

G. DEVIATIONS: Statements or modifications that deviate from the RFQ/bid response’s terms, conditions, specifications and requirements (such as altering delivery, changing F.O.B., price list changes, etc.) may render the quote/bid response non-responsive if the Director determines that the deviation or modification affects the amount of the quote/bid response or results in an unfair competitive advantage for the Vendor.

H. DISQUALIFICATION OF VENDOR: Any of the following reasons may be considered as being sufficient for the disqualification of a Vendor and the rejection of its quote/bid response:

1. More than one RFQ or bid response for the same work from a parent and subsidiary company, from two or more related subsidiary companies, or an individual, firm, or corporation under the same or different name.

2. Evidence of collusion among Vendors.

3. Quote or bid response which are in ODOT's opinion materially unbalanced.

4. Evidence that the Vendor has sublet or sub-vended any portion of the work, supplies, services, labor, or materials without prior written approval from the Department.

5. Evidence that the Vendor is not an authorized dealer/distributor of the manufacturer.

The quote/bid response supplied by a disqualified Vendor shall be rejected, and the disqualification determination will be used to evaluate the responsibility of the Vendor in future bid solicitations.

I. TIE PROCESS: If two or more quotes/bid responses offer the same total evaluated cost and are determined to be responsive and responsible, the Department will break the tie as follows: during the evaluation process, the Vendors that submitted tie responses will be contacted and given a deadline of two (2) business days to submit a written revised unit price for the affected item(s) or a revised total cost, as applicable. If a tie still exists after submission of revised pricing, the Department may repeat this process or consider additional factors, including past or current performance, in order to determine an award. The Department will not allow a tie quote/bid response situation to unnecessarily delay the award process.

J. CREATION OF THE CONTRACT: A contract is created between the Vendor and ODOT when ODOT accepts the quote/bid response and an authorized person acknowledges the acceptance in writing. Vendor shall acknowledge the acceptance and contract award by signing the acknowledgment within seven business days of receipt. The contract shall become operational only when either a purchase order has been issued or the State of Ohio payment card is presented to the awarded Vendor. The contract shall contain all the terms and conditions of this RFQ/bid solicitation as well as the accepted responses in the vendor’s quote/bid response, except that no responses may change or alter the terms and conditions of this RFQ/bid solicitation. The contract will be construed in accordance with the plain meaning of its language and neither for nor against the drafting party.

III. REGULATORY CONTRACT REQUIREMENTS

A. ANTITRUST. ODOT and the Contractor recognize that, in actual economic practice, overcharges resulting from antitrust violations are usually borne by the State. The Contractor therefore assigns to ODOT all state and federal antitrust claims and causes of action that the Contractor has or acquires relating to the goods and services acquired under this Contract.

B. APPROPRIATION OF FUNDS. Pursuant to Article II, Section 22 of the Ohio Constitution, ODOT’s funds are contingent upon the availability of lawful appropriations. If the General Assembly or any third party who is providing funding fails at any time to continue funding for the payments or any other obligations due by ODOT under this Contract, ODOT will be released from its obligations on the date funding expires. If appropriations are approved, ODOT may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of ODOT are subject to Section 126.07 of the Ohio Revised Code. The current General Assembly cannot commit a future General Assembly to a future expenditure.

C. CAMPAIGN CONTRIBUTIONS. Unless this Contract was solicited by competitive bid pursuant to Section

125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance with Section 3517.13 of the Ohio Revised Code.

D. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract.

E. CONFLICT OF INTEREST/ETHICS. The Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and

Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised

Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

All vendors who are actively doing business with or seeking to do business with the State and/or with ODOT are expected to perform their business activities in a professional manner and avoid any “perceptions of impropriety.” Vendors will be responsible to review and become familiar with the ethics laws of the state of Ohio. Any vendor who violates Ohio’s ethics laws or any executive order or ODOT policy will be subject to legal penalties up to and including debarment.

ODOT utilizes a variety of methods for establishing contracts for goods, products, and services which include competitive sealed bidding, competitive sealed proposals, direct purchases, reverse auction, multiple award contracts and request for quotes. Processes for implementing these methods have been developed to ensure fair and equal treatment of all vendors participating in the purchasing activity. Any vendor that attempts to influence the evaluation and/or award of a contract either directly or through an outside agent or representative will be disqualified and will not be able to participate in the purchasing activity. In addition, a vendor who attempts to influence an evaluation or award will be subject to penalties set forth by law up to and including debarment from doing business with ODOT and/or the state of Ohio.

Suspected violations of ODOT purchasing statutes, rules, policies, or guidelines, or of Ohio’s ethics laws, executive orders by any employee of the State or a vendor are to be reported to the Agency Procurement Officer(s) or APO. The APO will advise the Chief Legal Counsel who may take appropriate action. If necessary or appropriate, the matter may be referred to the Inspector General, the Ohio Attorney General and/or the Ohio Ethics Commission for resolution.

F. TRADE. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to

Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

G. DEBARMENT. The Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on ODOT property or performing work on behalf of ODOT, will not purchase, transfer, use, be under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

I. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised Code and all related Executive Orders.

Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the State of Ohio.

J. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES. No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State Data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company and are prohibited from permitting State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely in a location governed or controlled by the Russian Federation, Russian companies, or Russian institutions.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

K. GOVERNING LAW. This Contract shall be governed by the laws of the State of Ohio, and the venue for any disputes will be exclusively with the appropriate court in Franklin County, Ohio.

L. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the State. Contractor declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including, but not limited to, any insurance coverage, workers’ compensation, or unemployment compensation that is required in the normal course of business and will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor understands that as an independent contractor, it is not a public employee and is not entitled to contributions https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf from the State to any public employee retirement system.

Contractor acknowledges and agrees that any individual providing personal services under this Contract is not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code (“an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business”), Contractor shall have any individual performing services under the Contract complete and submit to the Ordering Agency the Independent Contractor/Worker Acknowledgement form, available at https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf.

Contractor’s failure to complete and submit the Independent Contractor/Worker Acknowledgement form at the time Contractor executes this Contract shall serve as Contractor’s certification that Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code.

M. REGISTRATION WITH THE SECRETARY OF STATE. The contractor certifies that it is one of the following:

1. A domestic corporation or domestic limited liability company that is properly registered with the Ohio Secretary of

State; or

2. A foreign corporation or foreign limited liability company, not incorporated under the laws of the State of Ohio, but is registered with the Ohio Secretary of State pursuant to Chapter 1703 of the Ohio Revised Code or Chapter 1706 of the Ohio Revised…