155-26_Specs_2025-09-26__1_.pdf

ITB 155 MERCER FULL SERVICE FACILITY JANITORIAL SERVICES

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The intent of this invitation to bid is to establish pricing for janitorial services for the Ohio Department of

Transportation District 7 at the Mercer County Full Service Facility, 4444 SR 29 Celina, OH 45822. Vendor shall provide all labor, equipment, material, and incidental items necessary to perform the required services, all in accordance with specifications terms and conditions contained herein.

Section 2: Contract Duration

The effective period of this contract shall be from December 1, 2025, through November 30, 2027, with one (1) optional one (1) year renewal that could extend the end date to no later than November 30, 2028. The vendor shall provide all personnel, equipment and cleaning supplies (unless otherwise noted herein) to provide janitorial services two (2) weekdays per week on two (2) non-consecutive days, excluding state observed holidays listed below.

New Year's Day January 1st

Martin Luther King Day the 3rd Monday in January

President's Day the 3rd Monday in February

Memorial Day the last Monday in May

Juneteenth June 19th

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran's Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

Section 3: Award

The contract award will be made to the lowest responsive and responsible bidder based on the calculated total contract cost for services price determined by multiplying the daily rate by the number of days of service for each period and adding all periods together, all in accordance with the specifications herein.

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: 132-26 Signature Request).

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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 4: Mandatory Vendor Requirements

It is a requirement of the contract that the vendor and its employees must have performed services comparable to those required by this contract and provide proof of current liability insurance coverage in order to be considered a responsive and responsible bidder.

4.1: References

Each bidder must have a minimum of two (2) consecutive years’ experience in performing the services required by this contract. Therefore, each bidder shall provide with their bid submission, the name, email address, organization, address and telephone number of at least two (2) references with whom they have provided comparable services to for at least two (2) years.

It is a requirement of the contract that the vendor and its employees must have performed services comparable to those required by this contract in order to be considered a responsive and responsible bidder.

4.2: Public Liability Insurance

Each bidder shall furnish with their bid submission, proof that they carry public liability insurance with limits of not less than three hundred thousand ($300,000) dollars for any one person and one million

($1,000,000) dollars for any one occurrence.

All insurance policies required under this section shall include an endorsement requiring the insurance company to give thirty (30) days prior written notice to ODOT before any change of cancellation becomes effective. All insurance policies shall be through insurance companies licensed to conduct business in the

State.

Section 5: Site Visit

Vendors are encouraged to visit the site to fully understand all requirements of this Invitation. Those interested may contact John Horman by telephone at (937) 497-6808 to schedule a site visit.

Section 6: Working Hours

1. Services shall normally be performed between the hours of 4:00 PM and 12:00 AM. The District

Designated Representative may approve other hours when deemed necessary to accomplish the specified work.

2. The Department reserves the right to discontinue service temporarily due to inclement weather. A minimum of four (4) hour notice must be given to the Contractor for a proportional amount to be reduced or suspended in the payment.

3. It shall be understood that, from time to time, facilities may be opened or closed during the life of the contract. The District designated representative will provide a minimum thirty (30) day notice to the vendor of the anticipated closure of site(s) serviced in accordance with this contract.

4. Vendor shall notify the District Designated Representative of staff absences and contingency plan not less than one (1) hour prior to start of regular work time.

https://ohiopays.ohio.gov/

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5. Most ODOT Facilities operate on a Monday through Friday work schedule. When a holiday falls on a

Saturday, it shall be observed on the preceding Friday. When the holiday falls on a Sunday, it shall be observed on the following Monday.

Section 7: General Requirements

The intent of these specifications is to provide custodial maintenance services, furnishing adequate supervision, labor and supplies to accomplish all required custodial services. All work shall be performed in accordance with the specifications and schedules set forth herein. There shall be no exceptions or deviations to any part, or from approved schedule without prior written approval of the District designated representative. Contractor shall be deemed to have knowledge of the nature of the work and areas to be cleaned.

Section 8: Description of Premises

1. Total amount of cleanable SF in building: 2,810

a. Offices/Entrances/Hallways: 1,320

b. Rest Rooms: 639

c. Lunchroom: 851

2. Total amount of SF of VCT tile: 2,171

3. Total amount of SF of ceramic tile: 639

Section 9: Materials and Supplies

Vendors shall furnish, without additional cost, all materials and supplies required to perform the scope of work. Vendor shall always keep adequate quantities of properly labeled supplies on hand in the facility to perform the contracted services. Vendor shall also furnish, without additional cost, the following consumable items for facility staff and customers:

• Hand soap

• Toilet Paper

• Plastic waste can liners

• Air fresheners

• Urinal deodorant screens or liquid urinal deodorizer (“urinal blocks” not permitted)

• Hand drying towels

• Entry mats of appropriate size (where required)

• All paper products shall be submitted to the District designated representative prior to final selection and shall meet the minimum requirements below.

o Toilet paper shall be minimum 2 ply product o Hand towels shall be roll type (where applicable)

• If dispensers for any paper products or hand soap need installed or replaced, the vendor shall provide the dispensers and coordinate replacement with the District designated representative prior to installing new units.

Section 10: Services to be Provided

a. Offices, Entrances and Hallways

i. Daily Tasks

1. Empty waste baskets/replace liners as needed

2. Polish/disinfect drinking fountains

3. Vacuum walk off mats

4. Dust Mop floors

5. Wet Mop floors

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6. Spot clean glass entrance doors/other entry glass

7. Spot clean high traffic walls

ii. Weekly Tasks

1. Clean glass entrance doors

2. Spray Buff resilient tile floors

3. Dust miscellaneous office furniture

4. Dust window sills and frames

5. Empty sand urns

6. Sanitize Telephones

7. Remove tar from floors as needed

iii. Monthly Tasks

1. Vacuum upholstered chairs

2. Clean baseboards

3. Dust Venetian Blinds

iv. Semi Annual Tasks

1. Wash exterior windows

2. Wash interior windows

3. Dust ceiling/wall registers

v. Annual Tasks

1. Strip and wax tile floors

2. Thoroughly clean hallway walls

b. Restroom Care

i. Daily Tasks

1. Clean/disinfect toilets

2. Clean/disinfect urinals

3. Clean/polish sinks and fixtures

4. Empty waste receptacles/replace liners as needed

5. Empty and reline sanitary napkin receptacles

6. Polish/refill towel dispensers

7. Polish/refill soap dispensers

8. Replenish toilet paper

9. Polish/refill toilet seat cover dispensers

10. Polish mirrors

11. Spot clean high traffic walls

12. Spot clean stall partitions

13. Sweep/dust mop floors

14. Wet mop/disinfect floors

ii. Weekly Tasks

1. Clean waste receptacles

2. Clean sanitary napkin receptacles

3. Dust Partitions

4. Dust Lockers

5. Thoroughly clean showers

iii. Quarterly Tasks

1. Machine scrub floors

iv. Semi Annual Tasks

1. Thoroughly wash restroom walls

2. Thoroughly wash stall partitions

3. Dust ceiling/wall vents

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c. Lunchroom Care

i. Daily Tasks

1. Dust/wipe chairs

2. Dust/wipe tables

3. Empty waste receptacles

4. Dust built in counter surfaces

5. Polish/disinfect sink/fixtures

6. Polish/refill soap dispensers

7. Polish/refill towel dispensers

8. Spot clean high traffic walls

9. Clean exterior of appliances

10. Sweep/dust mop floors

11. Wet mop floors

ii. Weekly Tasks

1. Spray buff floors

2. Remove tar from floors as needed

iii. Monthly Tasks

1. Apply lemon oil to tables

2. Apply lemon oil to chairs

3. Dust venetian blinds

iv. Semi Annual Tasks

1. Wash exterior windows

2. Wash interior windows

3. Dust ceiling/wall vents

v. Annual Tasks

1. Strip and wax tile floors

Section 11: Responsibility

The awarded vendor shall be responsible for replacing in kind all equipment, materials, and fixtures damaged by him or his employees during the performance of services. The vendor shall also be responsible for all liability in connection with the performance of this contract. Any telephone usage shall be limited to performance of services at this site and any long-distance charges shall be deducted from compensation.

Section 12: Cancellation/Modification of Contract

This contract may be canceled at the request of the Director of Transportation due to the contractor's failure or inability to satisfactorily perform the work as per 108.08 of the Construction and Materials

Specifications. This contract may be canceled by either party upon receipt of a thirty (30) day written notice. This contract may be modified in writing by agreement of the parties hereto.

Section 13: Subcontracting

The awarded bidder(s) will perform work amounting to not less than one hundred (100) percent of the

Contract price with its own organization, unless otherwise approved by the Department. The phrase “its own organization” includes only workers employed and paid directly, inclusive of employees who are employed by a lease agreement acceptable to the Department, and equipment owned or rented with or without operators by the vendor. The phrase does not include employees or equipment of a subcontractor, assignee, or agent of the vendor.

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The vendor’s percentage of the total Contract Price includes the cost of materials and manufactured products purchased by the vendor, but not the cost of materials and manufactured products purchased by subcontractors.

Vendor shall not subcontract any of the work covered by the contract unless specifically authorized to do so by ODOT. All subcontracting will be supplied to ODOT at cost with no vendor markup. The vendor will be required to submit copies of invoices from subcontractor(s) as proof of costs. Contractor will be fully responsible for making all subcontractor payments and ensuring that subcontractors follow all laws, rules, safety procedures and ODOT expectations as though they were the Contractor.

Section 14: Inspection

Department personnel may inspect the performance of work on the next working day. Vendor of record shall agree to meet with District Designated Representative for any subsequent review required as follow up to deficiency corrections.

Section 15: Unsatisfactory Performance

In the event of unsatisfactory performance on a given day or days, the Department may deduct a whole day or one-half day payment depending upon the extent of the unsatisfactory performance as determined by the District Deputy Director or their designated representative. The vendor shall be notified by the Department of any unsatisfactory performance within five (5) days, excluding Saturdays, Sundays, and holidays. The Department also reserves the right, in the event of any unforeseen emergency, to have the vendor return to restore the location to an acceptable standard of cleanliness and safety. If the vendor fails to respond to the callback, the Department may deduct a day's pay. Should the vendor fail to complete the performance of any specified service, the Department may deduct the total cost to hire another vendor to complete the work satisfactorily from the payment for service(s) rendered.

The Department reserves the right to non-perform or order additional work.

Section 16: Billing

If satisfactory work is performed, the vendor shall receive monthly payments within thirty (30) days for work complete and accepted as satisfactory and in accordance with these specifications. Payment shall be based on the daily rate bid times the number of days of service performed in the month, as noted on purchase order. The bid rate shall be the total cost for each occurrence of services provided as specified.

Two (2) copies of each invoice are to be sent to the Ohio Department of Transportation, at the address below. Vendors must provide on each invoice the vendor’s Tax ID number, the purchase order number for the work performed, a description of the work performed, and date(s) performed.

ODOT District 7 Facilities

Attn: Facilities Program Administrator

1001 St. Mary’s Avenue

Sidney, OH 45365

In the event of contract termination, payment in full for services rendered shall be based on each occurrence where work performed and accepted as complete and satisfactory in accordance with these specifications.

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Section 17: Right to Audit

The Ohio Department of Transportation reserves the right to audit all invoices submitted by a Vendor. In addition, when discrepancies arise, the vendor will be required to pay the difference of the amount quoted in the contract and the amount charged on the invoice, plus twenty percent (20%) of the amount invoiced or fifty dollars ($50.00), whichever is more.

Section 18: Chemicals and Cleaning Supplies

In accordance with OSHA 29 CFR 1910.1200 Hazard Communication Standard a chemical inventory listing all products used, manufacturers name, and copies of Material Safety Data Sheets/Safety Data Sheets

(MSDS/SDS) used in performing work outlined in these specifications shall be submitted at least annually to and approved by the District Designated Representative. This information shall also be kept and maintained in each facility. In case of an emergency both the inventory and MSDS/SDS must be readily accessible. All chemical product containers must be properly labeled.

Section 19: Background Check Screening

By submitting this invitation to bid, the bidder verifies to the Department that the employees it is placing in ODOT facilities have successfully passed the vendor’s own background check screening.

Section 20: Miscellaneous

1. After all facility services have been completed the premises shall be left in a neat and orderly condition.

2. Vendor of record shall be responsible for disposal of all liquid and solid waste from performance of this contract. At no time shall the vendor of record bring items to or on ODOT properties for disposal.

All chemicals utilized in performance of this contract shall meet with the approval of the District

Designated Representative and shall be in accordance with the rules of the Ohio Environmental

Protection Agency. In no circumstance shall any chemical be disposed of improperly.

3. Vendor’s employees shall sign in and out with the designated representative, including arrival and departure times. Sign In/Out sheets shall be reviewed by the vendor and originals shall be submitted to ODOT with monthly invoicing.

4. The vendor shall sign for the keys they receive for each facility maintained. In the event keys are lost, the vendor shall be responsible for re-keying the facility at the current market rate of approximately

$2500.00.

5. Upon completion of daily contracted services, the vendor shall scan the facility for any unusual conditions and report as necessary.

Section 21: Pricing

Vendors shall submit pricing F.O.B. the locations provided, all in accordance per the specifications, terms and conditions. Pricing shall be guaranteed firm for the contract duration.

1. Daily per occurrence cost for Period 1 janitorial services

2. Daily per occurrence cost for Period 2 janitorial services

3. Daily per occurrence cost for optional Period 3 janitorial services

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

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

G. 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.

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

I. 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.

J. 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.

K. MBE OR EDGE CERTIFIED: MBE means Minority Business Enterprise and EDGE means Encouraging Diversity, Growth and Equity.

L. 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.

M. 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.

N. 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

Rev. 05/27/2025 10 contract between ODOT and the successful bidder, both governed by the laws of the state of Ohio.

O. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods

Rev. 05/27/2025 11 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.

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 is 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.

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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.

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.

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.

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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

Rev. 05/27/2025 14 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. 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.

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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

Rev. 05/27/2025 16 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 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 company that is properly registered with the Ohio Secretary of State; or

2. 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

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

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf http://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf

Rev. 05/27/2025 17

N. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, ODOT is exempt from sales tax. Pursuant to Section 5741.02(C) of the Ohio Revised Code, the State is exempt from use tax.

O. TRADE. Pursuant to Section 9.76(B) of the Ohio Revised Code, Contractor warrants that Contractor is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the Contract period.

The State of Ohio does not acquire goods or services that cannot be imported lawfully into the United States or transact business with any entity or individual subject to financial sanctions imposed by the United States.

The Contractor certifies that it, its subcontractors, and any agent of the Contractor or its subcontractors, will acquire any goods or services in accordance with all trade control laws, regulations or orders of the United States, including the prohibited source regulations set forth in subpart 25.7, Prohibited Sources, of the Federal Acquisition Regulation and any sanctions administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control. A list of those entities and individuals subject to sanctions can be found at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists. These sanctions generally preclude most transactions involving Cuba, Iran, and Sudan, and most imports from Burma or North Korea.

P. USE OF MBE AND EDGE VENDORS. Section 125.081 of the Ohio Revised Code requires State agencies to set-aside purchases for Minority Business Enterprises (MBE). Therefore, the State encourages the Contractor to purchase goods and services from Ohio certified MBE and EDGE vendors.

Q. LEGAL REPRESENTATION AND RIGHTS. The Ohio Attorney General is the chief law officer for the State of Ohio, its agencies, boards and commissions, and only the Ohio Attorney General has the authority to appoint outside legal counsel to represent ODOT. Contractor agrees that any provisions in this Contract or any documents incorporated by reference that provide or allow for outside legal representation to defend or settle claims on behalf of the State or provide for a third party to have sole control of a defense or settlement of a claim do not meet the requirements of state law and are considered stricken. Contractor also agrees that, unless specifically agreed to in writing by ODOT, any provisions that require or provide for a waiver of any legal rights, remedies, or litigation defenses (i.e., waiver of a jury trial) do not meet the requirements of state law and are considered stricken.

R. STATUTE OF LIMITATIONS. Statutes of limitations generally do not apply to actions brought by the State of Ohio and any such provisions in this Contract or in any documents incorporated by reference are considered stricken.

IV. CONTRACT CONSTRUCTION

A. TERM OF CONTRACT. The effective date of the Contract is the effective date stated in the Contract or the date the Contract is fully executed, whichever is later. The Contract will remain in effect until the earliest of:

(1) the ending date stated in the Contract; (2) the Contract is fully performed by both parties; (3) the Contract is canceled or terminated; or (4) the Contract expires at the end of a biennium unless continued by ODOT.

Notwithstanding the foregoing, the expiration or early termination of this Contract will not limit the Contractor’s continuing obligations with respect to Deliverables that the State paid for or ordered before the expiration or termination, or limit ODOT’s rights in such, including any warranty services, licensed material, paid subscriptions, the support or maintenance thereof, or other services.

This Contract may be renewed upon satisfactory performance of activities hereunder, appropriation of funds by the Ohio General Assembly, and at the sole discretion of ODOT. ODOT will issue a notice to the Contractor if ODOT decides to renew this Contract. The Contractor shall not obligate resources in anticipation of a renewal until notice is provided.

B. CONTRACT AMENDMENTS / WAIVER.

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