159A-25.pdf

ITB 159A VINTON 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 10 at the Vinton County Full Service Facility, 30931 State

Route 93 McArthur, OH 45651. 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 February 3, 2025, through October 31, 2026, with one (1) optional one (1) year renewal that could extend the end date to no later than October

31, 2027. The vendor shall provide all personnel, equipment and cleaning supplies (unless otherwise noted herein) to provide janitorial services three (3) weekdays per week on Mondays, Wednesdays and Fridays, 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 December 25th

Section 3: Award

Award of the contract 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 year and adding all years 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: 101G-25 Signature Request).

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

Section 4: Site Visit

Vendors are encouraged to visit the site to fully understand all requirements of this Invitation.

Those interested may contact Tim Marty by telephone at (740) 568-3924 to schedule a site visit.

Section 5: Working Hours

1. Services shall normally be performed between the hours of 7:30 AM and 4:00 PM. 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.

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 6: 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 7: Description of Premises

1. Total amount of cleanable SF in building: 3,558

a. Lobbies/Entrances/Hallways: 661

b. Offices: 1,423

c. Rest Rooms: 590

d. Lunchroom: 884

Section 8: 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 furnish, without additional cost, the following consumable items for facility staff and customers:

• Hand soap

• Toilet Paper

• 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 9: Services to be Provided

a. Lobbies, Entrances and Hallways

i. Daily Tasks

1. Empty trash receptacles/reline as needed

2. Polish/disinfect drinking fountain

3. Vacuum entry mats

4. Dust Mop floors

5. Wet Mop floors

6. Thoroughly clean entry door glass and all other entry glass

ii. Weekly Tasks

1. Spot clean high traffic wall areas

2. Dust wall hangings

3. Remove tar from floor as needed

4. Empty outside smoking urns

iii. Monthly Tasks

1. Clean trash receptacles

2. Dust ceiling and wall air registers

3. Machine scrub floors

b. Offices (Including Truck Maintenance Office)

i. Daily Tasks

1. Empty trash receptacles/reline as needed

2. Thoroughly clean office door and Receptionist glass

3. Dust Mop floors

4. Wet Mop floors

ii. Weekly Tasks

1. Spot clean high traffic wall areas

2. Remove tar from floor as needed

iii. Monthly Tasks

1. Clean trash receptacles

2. Dust horizontal office furniture surfaces excluding desktops

3. Dust built in counter surfaces

4. Dust wall hangings

5. Dust Venetian blinds

6. Dust Windowsills and frames

7. Dust ceiling and wall air registers

8. Sanitize office phones

9. Machine scrub floors

iv. Three Times Annual Tasks

1. Clean interior windows

c. Restroom Care

i. Daily Tasks

1. Clean/disinfect toilets

2. Clean/disinfect urinals

3. Clean/polish sinks and fixtures

4. Empty and reline trash receptacles

5. Polish/refill soap dispensers

6. Polish/refill towel dispensers

7. Replenish toilet paper

8. Polish Mirrors

9. Sweep/dust mop floors

10. Wet mop/disinfect floors

ii. Weekly Tasks

1. Spot clean high traffic walls

2. Spot clean stall partitions

3. Thoroughly clean shower

4. Machine scrub floors

iii. Monthly Tasks

1. Clean waste receptacles

2. Dust ceiling and wall air registers

iv. Semi Annual Tasks

1. Thoroughly wash walls

2. Thoroughly wash stall partitions

d. Lunchroom

i. Daily Tasks

1. Empty and reline trash receptacles

2. Polish/refill soap dispensers

3. Polish/refill towel dispensers

4. Dust/wipe tables

5. Dust/wipe chairs

6. Clean counter surfaces

7. Clean/polish sinks and fixtures

8. Clean exterior of appliances

9. Sweep/dust mop floors

10. Wet mop/disinfect floors

ii. Weekly Tasks

1. Spot clean high traffic wall areas

2. Remove tar from floor as needed

iii. Monthly Tasks

1. Clean trash receptacles

2. Dust built in counter surfaces

3. Dust wall hangings

4. Dust Venetian blinds

5. Dust Windowsills and frames

6. Dust ceiling and wall air registers

7. Machine scrub floors

iv. Three Times Annual Tasks

1. Clean interior windows

Section 10: Responsibility

The awarded vendor shall be responsible for replacing in kind all equipment, materials, and fixtures damaged by them or their 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 11: 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 12: 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.

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 13: References

All vendors shall provide contact information upon request of the Department, for a minimum of two (2) references for which services have been rendered within the past 24 months.

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 10 Facilities

Attn: Facilities Program Administrator

338 Muskingum Drive

Marietta, OH 45750

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.

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: Public Liability Insurance

The bidder must furnish proof with their bid 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 or cancellation becomes effective. All insurance policies shall be through insurance companies licensed to conduct business in the State.

Section 19: 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 20: 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 21: 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 22: Pricing

Vendors shall submit pricing F.O.B. the locations provided, all in accordance with 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 the OPTIONAL Period 3 janitorial services

State of Ohio, Department of Transportation (ODOT)

Office of Contract Sales, Purchasing Services

OhioBuys

Terms and Conditions for Submitting Excel Pricing File in Bid Package

If an Excel File is Present in OhioBuys

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

2. UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE: Bidders who materially alter the original content of the Excel pricing file (e.g. specifications, formulas, etc.) issued by the Department may be found non-responsive and ineligible for award of this procurement.

3. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new

Excel pricing page indicating the revisions made and a revision date for the changes.

It is the sole responsibility of the bidder to check for issued addenda prior to submitting a bid package to ensure the most updated Excel pricing file is being utilized.

4. DESCRIPTIVE LITERATURE: Bidders may electronically provide any descriptive literature (e.g. brochures, spec/cut sheets, drawings, MSDS, etc.) regarding the products and/or services offered by the bidder. As this literature may be publicly posted for viewing by purchasers, bidders must not submit any literature electronically in which they consider to be a trade secret, proprietary, or confidential in any way.

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INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 11/2/2023)

1. BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting Contract.

a. A Supplier Information Form and W-9 must be completed and sent back directly to Ohio Shared Services in order to register and apply for an OAKS ID. The following website can be accessed by bidders to obtain both the forms and specific instructions for obtaining an OAKS ID:

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

c. It is strongly recommended that all interested bidders not already registered with Ohio Shared Services submit the above paperwork prior to the bid submission deadline.

2. HOW BIDS MUST BE SUBMITTED: Vendors must submit their Bid Responses electronically in OhioBuys before the published deadline date & time, Columbus, Ohio local time on the Proposal due date. Vendors will not be able to submit Bid Responses, or unsolicited Proposal amendments after the deadline.

Vendors must allow adequate time for uploading a Bid Response prior to the due date and time. ODOT recommends that vendors submit Bid Responses as early as possible. If a second round is issued for any reason, vendors must resubmit their bid if they had already submitted in a previous round, as the previously submitted Bid Responses do NOT carry over to the new round.

3. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically in OhioBuys.

During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements.

4. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the OhioBuys website.

5. PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats. Bidders will be required to sign-in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted.

a. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference. Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and complete when a representative of the Office of Contract Sales, Purchasing Services section indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting.

6. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline. The system will not allow a bid after the closing date and time.

7. BIDS FIRM: Once opened, all bids are firm and cannot be altered by the bidder. Once a Contract is awarded and executed, the Vendor shall deliver all products and/or services at the bid prices and terms contained in the Contract. All submitted bids shall remain valid for a period of sixty (60) calendar days after the date of the public bid opening. Beyond sixty (60) calendar days, bidders will have the option to either honor their submitted bid or make a written request to withdraw their bid from consideration. The Ohio Department of Transportation shall receive the benefit of any decrease in price during the sixty (60) day period.

8. WITHDRAWAL OF BIDS: A bidder may withdraw their bid in OhioBuys prior to opening. If after opening a vendor wishes to withdraw their bid, they may do so in writing to the Ohio Department of Transportation.

9. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may modify their bid response prior to the scheduled date and time set for the public bid opening in OhioBuys.

10. UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this procurement unless otherwise specified in the bid evaluation criteria. The unit bid price should be entered for each required bid item on the Department’s pricing page. Use of ditto marks, arrows, or other markings in lieu of the actual unit price may result in a non-responsive bid determination. Lot or group prices listed in the unit bid price area shall be considered as the unit price unless clearly identified as the lot price. Unless specifically allowed in the contract’s terms and conditions, requests to change or alter unit bid prices after the public bid opening are prohibited.

a. The following requirements also apply to unit bid prices:

11. DECIMAL POINT: Bidders should not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not recognized by the Department for the purposes of bid evaluation or contract award.

12. CREDIT CARD FEES: Bidders must incorporate into their unit bid price(s) submitted all costs and fees associated with the State’s use of a payment (credit) card.

13. DISCOUNTS: While bidders may offer to the Department discounts for prompt payment and other similar incentives, discounts and incentives these will not be used to alter the submitted unit bid price(s) for purposes of bid evaluation and contract award. This section only applies to bids awarded to the lowest responsive and responsible bidder either by individual bid item or group of bid items and does not include bids which are awarded to all responsive and responsible bidders (i.e. Multiple Award Contracts).

14. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award Contracts to all responsive and responsible bidders for articles (i.e. bid items) meeting the general specifications provided. These are referenced by the Department as ‘Multiple Award Contracts’. Unit bid prices submitted for Multiple Award Contracts shall be considered by the Department as an amount-not-to-exceed unit bid price for the entire duration of the Contract. These awarded, amount-not-to-exceed bid prices often do not reflect potential quantity discounts, freight discounts, nor other similar discounts/incentives offered periodically by a distributor, manufacturer, or supplier. Where like or similar bid items are being offered by two or more awarded Vendors (bidders) on the awarded Contract, the Department reserves the right to obtain quotes from all awarded bidders on the Contract in order to achieve the best and most up-to-date pricing available to the Department at the time of ordering.

15. UNBALANCED BIDS: The Department will not accept unit bid prices that are deemed to be either materially or mathematically unbalanced. The final determination of an unbalanced unit bid price shall be at the Department’s sole discretion.

16. TIE BID PROCESS: If two or more responsive bids offer the same unit bid price, ODOT may break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given up to three (3) business days to submit a written revised unit price for the affected item or items. Bidders are not required to submit a revised unit price. In the event a tie still exists after the above-prescribed deadline has passed, ODOT will schedule a coin flip to be conducted in the presence of both bidders. The winner of the coin flip will be deemed awarded the affected bid item(s).

17. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative Code Rule 123:5-1-06.

18. RESPONSIVE BIDDER: A bidder is responsive if its bid responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the bidder an unfair competitive advantage.

19. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The Department either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Department.

20. BIDDER RESPONSIBILITY: The Department will only award this procurement to what it deems to be a responsible bidder. The Department’s determination of a bidder’s responsibility includes, but is not limited to, the following factors:

i. experience of the bidder;

ii. bidder’s financial condition;

iii. bidder’s conduct and performance on previous contracts;

iv. the bidder’s facilities;

v. the bidder’s management skills;

vi. the bidder’s employees;

vii. past experience and/or quality of bidder’s proposed subcontractors;

viii. the bidder’s ability to execute the contract;

ix. review of Federal and Department debarment lists;

x. bidder has history of successful performance on contracts of similar size and scope; and

xi. current or impending legal actions against a bidder.

21. APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are:

1. Obvious misplacement of a decimal point or comma;

2. Obvious incorrect discount factor; or

3. Transcription error in Part Number.

22. ADDITIONAL INFORMATION: The Department reserves the right to request additional information to evaluate a bidder’s responsiveness to the procurement’s requirements and/or to evaluate a bidder’s overall responsibility. These requests may require the bidder’s submission of confidential materials (e.g. financial statements). If a bidder does not provide all of the requested information within the prescribed timeframe, the Department may find the bid non-responsive and ineligible for award.

23. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense. Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid. The Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses.

24. SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised Code to prepare specifications and establish contracts to obtain the supplies, equipment, and/or services referenced within this procurement. The purpose of the provided specifications is to describe the supplies, equipment, and/or services to be purchased and will serve as a fair and equitable basis for comparison of submitted bids. The Department may use any form of specification it determines to be in the best interest of the Department and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the Department, it may use brand name or equal specifications.

a. Unless otherwise specified in this procurement, all products, equipment, supplies, etc. offered by bidders must be in a new condition. A ‘new’ product is one that will be first used by the Department after it has been manufactured or produced. Used, reconditioned, or previously titled products, supplies, or equipment will not be considered for award of this procurement.

b. The Department uses qualified products list (QPL) and/or approved products lists (APL) developed by either itself or other qualified institutions to specify acceptable products and supplies that have been through proper application and testing procedures to verify conformance with technical and/or performance specifications. Where the Department requires products and supplies to be included on a specific QPL/APL listing, the Department will not accept bids for products/supplies that are not included on a specified QPL/APL at the time of public bid opening.

c. A bidder may not be compensated for damages arising from inaccurate or incomplete information in the procurement specifications or from inaccurate assumptions based upon the specifications.

25. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make, or manufacturer does not restrict bidders to the specific brand, make, or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the Department, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, or suitability for the purpose intended, may be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Department to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product being offered is an equivalent product, such bid will be considered to offer the exact brand, make, or manufacturer name referenced in the bid solicitation.

26. DEVIATIONS: Statements or modifications made by a bidder in their submitted bid package that deviate from this procurement’s terms, conditions, specifications and requirements may render a bid non-responsive and ineligible for award.

27. ESTIMATED QUANTITIES: Any purchase estimates indicated for bid item(s) are to be considered as estimates only. The Department makes no representation or guarantee as to the actual amount of item(s) to be purchased by the Department or Political Subdivisions.

28. OVERLAPPING CONTRACT ITEMS: The products and/or services included in this solicitation may be available from other State of Ohio contracts and/or other contracts made available for the Department’s use.

The existence of these contracts containing like or similar products and/or services could be either known or unknown to the Department at the time this procurement has been published. Unless otherwise stated in this contract, the Department may acquire these products and/or services from any available source. The Department will make purchases from sources that are deemed to be in the best interest of the Agency.

29. REJECTION/PARTIAL AWARD OF BIDS: The Department reserves the right to reject any or all bid responses, award partial contracts, or choose to rebid when:

1. Product, supplies and/or services are not in compliance with the requirements, specifications, and terms and conditions set forth in this procurement; or

2. Pricing offered is determined to be excessive in comparison with existing market conditions, or exceeds the available funds of the Department; or

3. Only one bid is received, and the Department cannot determine the reasonableness of the bid prices submitted; or

4. It is determined that the award of any or all items would not be in the best interest of the Department; or

5. The Department, in its opinion, did not achieve the desired amount of competition amongst qualified bidders for the products, supplies, and/or services being offered in the bid solicitation; or

6. Inadequate or ambiguous specifications were cited in the bidding documents; or

7. The Department determines that specifications and/or requirements were missing from the bidding documents; or

8. A bidder imposes additional terms and conditions against the Department.

30. NOTICE TO BIDDERS OF REJECTED BIDS: When the Department deems it necessary to reject a bid, the Department will notify each affected bidder and the reasons for such actions.

31. BID PROTESTS: Any apparent low bidder either deemed not responsible or whose bid has been deemed non-responsive shall be notified by the Department of that determination and the reasons for it. The notification will be provided by the Department in writing and sent by U.S. mail and at the email address provided on the front cover of the bidder’s bid. The bidder will have five (5) calendar days after receipt (by mail or email confirmation) of this notification to file a written, valid protest of the Department’s determination.

A valid written protest must contain substantive information and evidence so as to refute the Department’s asserted claims against either the bid’s responsiveness or bidder’s responsibility, whichever apply. The Department will only review and respond to valid written protests containing substantive information and evidence. After review of the valid written protest, the Department will either affirm or reverse its original determination.

a. If a valid written protest is not received by the Department within five (5) calendar days of receipt, the Director of ODOT will move forward awarding the Contract and the affected bidder will have effectively waived its right to protest the Department’s decision. For the purposes of this paragraph, “receipt” shall be defined as verification (via either certified mail return receipt or electronic read or delivery receipt) that the apparent low bidder has received the Department’s written determination against the affected bidder. Upon the bidder’s receipt, the five (5) calendar day response deadline shall commence.

32. DELAYS IN CONTRACT AWARD: Delays in the award of this procurement beyond the anticipated Contract start date may result in a change in the contract period as indicated in the Special terms and conditions of this bid solicitation. In these instances, ODOT shall reserve the right to award a contract covering a period equal to or less than the initial contract term than originally specified in this bid solicitation.

33. CONTRACT AWARD AND FORMATION: Successful bidder(s) will receive via U.S. regular mail and/or email a Notice of Contract Award letter as well as a photocopy version of the Signature Page executed by both Parties. These documents shall serve to form the Contract between the Parties. The Signature Page must be executed by both the bidder and the Director of ODOT for the Contract to be deemed valid and enforceable. The Department will maintain in the Contract file the Signature Page document containing each parties’ original signature(s).

a. Upon award of a procurement, the bid invitation number (e.g. Invitation No. 999-16) will subsequently become the number assigned to the resulting Contract (e.g. ODOT Contract number 999-16) and will be referenced by the Department in all matters and documents related to said Contract.

b. Upon award of a procurement, successful bidders will thereafter be referenced as “Vendor” or “Contractor” by the Department in all matters and documents related to the resulting Contract.

34. PUBLIC POSTING OF AWARDED CONTRACTS: All Contracts awarded by the Office of Contract Sales, Purchasing Services section are posted to the Ohio Buys website and open for public review. Successful bidders and awarded Contract pricing can be found via the following website:

https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public

35. PUBLIC RECORD: All opened bids and their contents are subject to the Public Records Law, Section 149.43 of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request must be submitted to the Department. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored after a Contract has been executed.

a. Bidders may request that specific information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shall accompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment cannot be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department.

b. Requests to view previously submitted bids must be submitted in writing to either of the following addresses:

Contracts.Purchasing@dot.ohio.gov

Ohio Department of Transportation

Office of Contract Sales, Purchasing Services

1980 West Broad St. Mail Stop 4110

Columbus, OH 43223 mailto:Contracts.Purchasing@dot.ohio.gov

GENERAL DEFINITIONS

(Last revised 11/30/2020)

When used in this procurement or any ensuing contract, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the bid specifications, the bid specifications shall prevail.

1. AGENCY: Ohio Department of Transportation.

2. AUTHORIZED DISTRIBUTOR: The bidder/vendor who maintains written legal agreements with manufacturers/producers to act as their agent and provide supplies, materials, equipment or services listed in the bid/contract. The authorized distributor must maintain active and sufficient facilities necessary to perform the awarded contract, own title to the goods inventoried within these facilities and maintain a true stock of these goods on a continuing basis and in sufficient quantity to provide uninterrupted service to ordering agencies.

3. BIDDER: The company and/or authorized representative of the company who has signed and is submitting a bid response and who will be responsible to ensure proper performance of the contract awarded pursuant to the bid. The term bidder, proposer, contractor, or vendor may be used interchangeably in this document.

4. DEPARTMENT: Ohio Department of Transportation

5. EQUIPMENT: Items, implements and machinery with a predetermined and considerable usage life.

6. F.O.B. PLACE OF DESTINATION: meaning the Vendor pays, and includes the cost of such in their bid, and bears the risk for the transportation/delivery of goods delivered to the specified locations provided by the

Purchaser.

7. PROCUREMENT/CONTRACT: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Upon completion of the evaluation and award of the bidder's response, the procurement then becomes the contract between ODOT and the successful bidder, both governed by the laws of the State of

Ohio.

8. INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation.

9. LOWEST RESPONSIVE\RESPONSIBLE BIDDER: A bidder who offers the lowest cost for the goods or services listed in the bid; and whose proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give him a competitive advantage; and whose experience, financial condition, conduct and performance on previous contracts, facilities, management skills evidences their ability to execute the contract properly.

10. MINORITY BUSINESS ENTERPRISE (MBE): means an individual, partnership, corporation or joint venture of any kind that is owned and controlled by U. S. Citizens and residents of Ohio, who are and have held themselves out as members of the following socially and economically disadvantaged groups. Only businesses certified by the State of Ohio Equal Opportunity Division in accordance with Section 123.151 of the Ohio Revised Code shall be recognized as being MBE certified within the purpose of this invitation.

11. MATERIALS: Items or substance of an expendable or non-expendable nature from which something can be made, improved or repaired.

12. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire equipment, materials, supplies or services. "Purchase" also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.

13. 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.

14. SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance.

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

16. UNBALANCED: Any unit price contained in the bid schedule which is obviously unbalanced either above or below reasonable cost analysis and or unreasonably disproportionate to current market prices as determined by the Director of ODOT, or if such unbalanced prices are contrary to the interest of the department.

17. VENDOR: The bidder who, upon awarding of a contract, then becomes a Vendor who is considered to be a primary source for providing the goods and/or services included in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract.

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

STANDARD CONTRACT TERMS AND CONDITIONS

(Last Revised 11/8/23)

1. HEADINGS: The headings used in this Contract are for convenience only and shall not be used to affect the interpretation of any of the Contract terms and conditions.

2. ENTIRE CONTRACT: This Contract consists of the complete procurement, including the Instructions, Terms and Conditions for Bidding, these Standard Contract Terms and Conditions, the Special Contract Terms and

Conditions, ODOT Cooperative Purchasing Program Requirements, mutually executed Signature Page, Specifications and Requirements, awarded unit bid pricing, and any written addenda to the procurement; the completed competitive sealed bid, including proper modifications, clarifications and samples; and applicable, valid State of Ohio purchase orders or other ordering documents (“Contract”).

3. APPROPRIATION OF FUNDS. Pursuant to the Constitution of the State of Ohio, Article II Section 22, ODOT’s funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the Ohio General Assembly fails at any time to continue funding for the payments or obligations due hereunder, the Work under this Contract that is affected by the lack of funding will terminate and ODOT will have no further obligation to make any payments and will be released from its obligations on the date funding expires.

The current Ohio General Assembly cannot commit a future Ohio General Assembly to a future expenditure.

If the term of this Contract extends beyond a biennium, the Contract will expire at the end of a current biennium and the State may renew this Contract in the next biennium by issuing written notice to the Vendor no later than July 1 of the new biennium. The operating biennium expires June 30th of each odd-numbered calendar year.

4. OBM CERTIFICATION: None of the rights, duties, or obligations in this Contract will be binding on the

Department, and the Vendor will not begin its performance, until all of the following conditions have been met:

1. All statutory provisions under the O.R.C., including Section 126.07, have been met; and

2. All necessary funds are made available by the Ohio Office of Budget and Management; or

3. If ODOT is relying on Federal or third-party funds for this Contract the ODOT gives the Vendor written notice that such funds have been made available.

5. CONTRACT MODIFICATIONS: Amendments or modifications to this Contract must be executed in writing between the parties and signed by the Director of ODOT. Amendments or modifications to this Contract made between the Vendor and other Department personnel shall be void and unenforceable.

6. CONTRACT CONSTRUCTION: Any general rule of…