147-24.pdf

Invitation No.: 147-24 Location: Statewide Commodity: Traffic Sign & Support Installation & Removal Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/147pricing.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):

August 31, 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/147pricing.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. 147-24

ITB 147 Traffic Sign and Support Installation, Removal

REQUIREMENTS/SPECIFICATIONS

Section 1 Intent

The purpose of this invitation is to establish pricing for the installation or removal of various sign and sign support materials for the Ohio Department of Transportation (ODOT). This includes the furnishing and installation of ground mounted yielding post, pipe, structural beam, and solid wood sign supports, the installation of ODOT-supplied ground mounted and overhead mounted flat sheet and extrusheet traffic signs, and the removal of ground mounted flat sheet and extrusheet signs and ground mounted yielding posts and structural beams.

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. Please note that many items in this invitation to bid have been grouped together for compatibility purposes but may be ordered individually by item by the Department.

Section 3 Contract Duration

The effective duration of this contract shall be from date of award through September 1, 2025.

Vendors issued purchase orders within the limits of the duration of the contract shall complete the required work even if this extends beyond the contract duration in accordance with the installation requirements in Section 6.

Section 4 Pricing

Vendors shall submit pricing for items on the attached pricing sheet in accordance with the terms and conditions and specifications contained herein. Prices for each item have been divided into completion times of “standard” and “rush.” These terms are described in Section 5.5 and 5.6

All pricing submitted shall be effective for the entire duration of the contract.

Section 5 Purchasing

The Department may utilize its direct purchasing authority and purchase from other sources off contract when the estimated amount is under $1,000.00, as long as the purchase complies with ODOT purchasing rules. ODOT reserves the right to utilize its direct purchasing authority and purchase from other sources off contract when all contract Vendors are unable to meet the requirements of this contract.

5.1 Purchase Order

The District will issue purchase orders as the need arises. The purchase order will describe in detail the needed work, including locations, support types, sign types and sign sizes. Only one District will be included on a single purchase order.

The purchase order will indicate whether the completion time is “standard” or “rush.” Standard and rush completion times will not be combined on the same purchase order.

For Group 1, furnish and install ground mounted u-channel and square yielding post supports, the post lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of post to install, and will be paid for the actual length of post furnished and installed on a per foot basis.

For Group 2, furnish and install ground mounted pipe supports, the support lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of support to install, and will be paid for the actual length of support furnished and installed on a per foot basis. The Vendor will be paid for triangular slip base connections on a per each basis. The Vendor will be paid for pipe support foundations on a per each basis.

For Group 3, furnish and install ground mounted structural beam supports, the District will indicate the support lengths in the purchase order. The Vendor will not need to make a preliminary field review of the site, and will be able to order the beams to be fabricated based upon information provided by the District in the purchase order. The Vendor will be paid for the length of support furnished and installed on a per foot basis. The Vendor will be paid for slip base breakaway structural beam connections on a per each basis. The Vendor will be paid for structural beam support foundations on a per each basis.

For Group 4, furnish and install ground mounted solid wood supports, the support lengths will not be indicated in the purchase order. The Vendor will be responsible for determining the proper length of support to install, and will be paid for the actual length of support furnished and installed on a per foot basis.

For Group 5 and Group 6, ODOT-furnished flat sheet or extrusheet signs erected, the District will indicate the sign sizes and location(s) within the District where the signs are to be picked up by the Vendor. The Vendor will be paid for the area of sign erected on a square foot basis.

For Group 7, furnish and install breakaway supports including associated foundation. Erect ODOT-furnished, solar powered or hard-wired, Rectangular Rapid Flashing Beacon (RRFB) assembly, school flasher assembly, LED enhanced sign assembly, LED beacon sign assembly, speed feedback sign assembly, sequential flashing chevron sign assembly, or other solar powered sign assembly. The Vendor will be responsible for determining the proper length of post and size of foundation to install, and will be paid for the actual length of post furnished and installed on a per foot basis.

For Group 8, furnish and install sign attachment assembly, the District will indicate the sign height, quantity and location(s). The Vendor will be paid for the number of sign attachment assemblies furnished and installed on a per each basis.

For Group 9, remove and dispose flat sheet or extrusheet sign, the District will indicate the sign sizes and location(s) within the District from which the sign is to be removed. The Vendor will be paid for the area of sign removed and disposed on a per each basis.

For Group 10, remove and dispose ground mounted u-channel or square yielding post supports, the post lengths will not be indicated in the purchase order. The Vendor will be paid for posts removed and disposed on a per each basis.

For Group 11, remove and dispose ground mounted pipe supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for pipe support, triangular slip base connections or pipe support foundations on a per each basis.

For Group 12, remove and dispose ground mounted structural beam supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for beam support, beam support foundations, or beam connections on a per each basis.

For Group 13, remove and dispose ground mounted solid wood supports, the support lengths will not be indicated in the purchase order. The Vendor will be paid for the support removed and disposed on a per each basis.

For Group 14, maintenance of traffic, the Vendor will be paid on a per each set-up basis in accordance with the provisions in Section 9.

For Group 15, each mobilization includes up to a maximum of ten sites per District per purchase order. For example, if the unit bid price provided is $1000/each, the total mobilization cost for a purchase that includes 6 different locations across the District would be $1000. The total mobilization cost would increase to $2000 if the number of locations increased to between 11 and 20.

Multiple work types may be combined on a single purchase order. For example, u-channel post supports and structural beam supports may be included on the same purchase order.

5.2 Purchase Order Acceptance

Vendors receiving a purchase order from a District shall notify the District upon receipt of the purchase order. If the Vendor accepts the purchase order, then the completion dates stated herein shall apply. If the Vendor is unable or unwilling to comply with the completion dates stated herein, the Vendor shall immediately notify the District. The Vendor and District may negotiate a mutually acceptable completion date, which will become binding. If the Vendor and District cannot agree upon a completion date for the work, the District may cancel the purchase order and execute a new purchase order with a different Vendor, or pursue other means to accomplish the needed work.

5.3 District Liaison

Purchase orders executed under this agreement will include the name and contact information of a District Liaison. The Vendor shall coordinate all work with the District Liaison. The Vendor shall provide the District Liaison with a schedule of where and when the work will be done, and shall promptly notify the Liaison of any changes to the schedule. The Vendor shall keep the District Liaison informed of progress being made on the purchase order at least on a weekly basis, and more often if necessary. The District will also provide the name and contact information of a secondary liaison to act as a back-up should the primary liaison not be available.

5.4 Completion Time

Each purchase order will be marked as either “standard” or “rush” completion time.

5.5 Standard Completion Time

All ground mounted u-channel and square yielding post supports (Group 1) purchased under this agreement shall be installed within 60 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted u-channel and square post supports shall be installed within 60 calendar days from the order date.

All ground mounted pipe supports (including foundations and triangular slip base connections) (Group 2) purchased under this agreement shall be installed within 90 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted pipe supports shall be installed within 90 calendar days from the order date.

All ground mounted beam supports (including foundations and breakaway structural beam connections) (Group 3) purchased under this agreement shall be installed within 120 days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted beam supports shall be installed within 120 calendar days from the order date.

All ground mounted solid wood supports (Group 4) purchased under this agreement shall be installed within 60 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted solid wood supports shall be installed within 60 calendar days from the order date.

All signs and sign attachment assemblies on overhead supports (Group 6 and Group 7) shall be installed within 120 days from the order date.

All flat sheet signs, extrusheet signs, ground mounted posts, pipe supports, beam supports, and solid wood supports (Groups 8 - 12) under this agreement shall be removed and disposed within 30 calendar days from the order date.

Purchase orders containing a mix of items with different completion dates will default to the completion date of the item on the purchase order with the longest completion date. For instance, if a purchase order includes the installation of ground mounted u-channel supports and beam supports, the completion date for all items on the purchase order is 120 days.

5.6 Rush Completion Time

All ground mounted u-channel and square yielding post supports (Group 1) purchased under this agreement shall be installed within 30 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted u-channel and square post supports shall be installed within 30 calendar days from the order date.

All ground mounted pipe supports (including foundations and triangular slip base connections) (Group 2) purchased under this agreement shall be installed within 45 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted pipe supports shall be installed within 45 calendar days from the order date.

All ground mounted beam supports (including foundations and breakaway structural beam connections) (Group 3) purchased under this agreement shall be installed within 60 days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted beam supports shall be installed within 60 calendar days from the order date.

All ground mounted solid wood supports (Group 4) purchased under this agreement shall be installed within 30 calendar days from the order date. All flat sheet and extrusheet signs (Group 5) to be attached to ground mounted solid wood supports shall be installed within 30 calendar days from the order date.

All signs and sign attachment assemblies on overhead supports (Group 6 and Group 7) shall be installed within 60 days from the order date.

Purchase orders containing a mix of items with different completion dates will default to the completion date of the item on the purchase order with the longest completion date. For instance, if a purchase order includes the installation of ground mounted u-channel supports and beam supports, the completion date for all items on the purchase order is 60 days.

Section 6 Installation and Removal

All work shall be in accordance with ODOT procedures and specifications.

For Group 1, Items 1-1, 1-2, and 1-3, furnish and install direct-driven ground mounted u-channel yielding post support in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.20, TC-42.10 and TC-42.20. The Vendor is responsible for determining the proper length of u-channel post to install.

For Group 1, Items 1-4 and 1-5, furnish and install ground mounted yielding square post support in direct-driven anchor base foundation in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.20, TC-42.10 and TC-42.20.

Unit bid price includes furnishing and installation of anchor base. The Vendor is responsible for determining the proper length of square post to install.

For Group 2, furnish and install ground mounted pipe support in concrete foundation in accordance with Item 630 of the ODOT Construction and Material Specifications, Standard Construction Drawings TC-42.10 and TC-42.20, and Plan Insert Sheet 204115. Furnish and install triangular slip base connection when specified on the purchase order. The Vendor is responsible for determining the proper length of the pipe support to install.

For Group 3, furnish and install ground mounted structural beam support in concrete foundation in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-41.10, TC-42.10 and TC-42.20. Furnish and install slip base connection when specified on the purchase order. The Vendor is not responsible for determining the length of the beam support. This information will be provided by the District and included on the purchase order.

For Group 4, furnish and install ground mounted solid wood support in accordance with Item 630 of the ODOT Construction and Material Specifications and Traffic Engineering Manual Section 221-5 and Figure 298-26. The Vendor is responsible for determining the proper length of solid wood support to install. Drill holes as shown in Traffic Engineering Manual Figure 298-26 unless indicated otherwise in the purchase order.

For Group 5, erect ODOT-furnished flat sheet or extrusheet sign or plaque on ground mounted post, pipe, or structural beam support in accordance with Item 630 of the ODOT Construction and Material Specifications, Standard Construction Drawings TC-41.20, TC-51.11 and TC-51.12, and Plan Insert Sheet 204115. For Item 5-1, erect ODOT-furnished flat sheet sign or plaque to ground mounted solid wood support using 5/16 inch by 2-inch galvanized steel hex head lag bolts and flat washers. For Item 5-2, erect ODOT-furnished extrusheet sign or plaque to ground mounted solid wood support using No. 3 u-channel post attached to the wood post with 5/16 inch by 2-inch galvanized steel hex head lag bolts at a maximum spacing of 12 inches and self-aligning aluminum mounting clips. Unit bid price includes picking up the sign or plaque at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 6, erect ODOT-furnished flat sheet or extrusheet sign or plaque on rigid or span wire overhead support in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings TC-17.11, TC-51.11 and TC-51.12. Unit bid price includes picking up the sign or plaque at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 7, furnish and install breakaway support including foundation and erect ODOT-furnished solar or hard-wired sign assembly in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawings HL-10.13, HL-20.11, and TC-87.10.

Unit bid price includes picking up the sign assembly at the ODOT District Office or other location within the District as specified on the purchase order, and transporting to the work site.

For Group 8, furnish and install sign attachment assembly in accordance with Item 630 of the ODOT Construction and Material Specifications and Standard Construction Drawing TC-22.20.

For Groups 9 - 13, remove and dispose of signs and supports in accordance with Item 630 of the ODOT Construction and Material Specifications.

Section 7 Materials to Be Furnished and Installed

All materials furnished and installed under this agreement will be new, original or approved equivalent. Approval of equivalent items will be at the sole discretion of ODOT and must conform to the current Construction and Material Specifications (C&MS) handbook. Installations and removals must be in compliance with the specifications in this invitation.

Section 8 Specification Statement

Specifications as shown herein are incorporated into the ITB and made a part thereof and are found in the Ohio Department of Transportation Construction and Material Specifications 2023 Handbook. Handbooks are available online at the following link:

https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec- Book.aspx https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx

Section 9 Maintenance of Traffic

Traffic shall be maintained at all times in accordance with the provisions of Item 614 in the ODOT Construction and Material Specifications. Where all work activities are confined to the shoulder and no encroachment into the traveled lanes is necessary, the minimum traffic control shall be in accordance with Figure 6H-6 of the 2012 Ohio Manual of Uniform Traffic Control Devices.

All required shoulder and lane closures shall occur only during allowable hours as set forth by the District Work Zone Traffic Manager or the applicable Permitted Lane Closure schedule for the District.

Any hazard during non-working hours shall be adequately protected with drums and/or barricades, as directed by the District Liaison. Where any encroachment on the traveled lanes are necessary, the Vendor shall place lane closures or use flagger control as appropriate in accordance with the 2012 Ohio Manual of Uniform Traffic Control Devices and/or Standard Drawings MT-95.30, MT- 95.31, MT-95.32, MT-95.40, MT-95.41, MT-95.61, MT-97.10, MT-98.10, MT-98.11, MT-98.20, MT- 98.22, MT-98.28 and MT-105.10.

Payment shall be at the unit bid price for one traffic control set-up at each location. Where multiple locations are sufficiently close together, the Vendor shall set up and will be paid for one traffic control zone. If work at a location cannot be completed in one day, then payment will be made for an additional set-up to complete the work on another day, and so on if necessary.

Maintenance of traffic shall be paid for each set-up as described in the description for each item and shall include the set-up of traffic control, maintenance of traffic control, and the removal of traffic control.

Section 10 Ownership

All materials provided by the Vendor and accepted as part of the resulting contract will become property of ODOT upon payment.

Section 11 Inspection

All installations will be inspected by the District Liaison or his/her designee within 10 days of completion of the work. The Vendor shall correct any work deemed not acceptable by the District.

Payment will be made upon acceptable completion of all work on the purchase order.

Section 12 Late Penalties

On standard completion time purchase orders, work not completed within the installation dates stated in Section 5.5 will be assessed a late fee penalty of 1% plus 0.5% per day for each additional calendar day beyond the installation dates stated in Section 2.3.

On rush completion time purchase orders, work not completed within the installation dates stated in Section 5.6 will be assessed a late fee penalty of 2% plus 1% per day for each additional calendar day beyond the installation dates stated in Section 2.3.

For example, if a ground mounted beam support on a standard completion time purchase order is installed in 130 days (10 days late), a penalty of 1% + (10 x 0.5%) = 6% will be applied. The penalty will be assessed to the entire amount of the purchase order, not just the items completed late.

Allowances will be made in accordance with Item 108 in the ODOT Construction and Material Specifications handbook, or at the discretion of the District.

Section 13 Invoicing and Payment

Approved invoices will be paid provided the Vendor is in compliance with the specifications in this invitation, and the materials and installations are complete and accepted by ODOT.

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.

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

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

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 http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:contracts.purchasing@dot.ohio.gov 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 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.)

on the date of the bid submission deadline. Such written notice must set forth the specific reasons for the bid withdrawal.

mailto:Contracts.Purchasing@dot.ohio.gov

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…