164-24.pdf

Invitation No.: 164-24 Location: Sign Shop Commodity: Aluminum Sign Fabrication Materials Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/164pricing.xlsx

INVITATION TO BID (ITB)

State of Ohio, Department of Transportation

Office of Contract Sales, Purchasing Services Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

July 27, 2023, at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

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

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

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

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

PROCUREMENT VIA THE FOLLOWING WEBSITE:

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/164pricing.xlsx mailto:contracts.purchasing@dot.ohio.gov

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

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

Zip files CANNOT be sent.

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

Invitation No. 164-24

ITB 164-24 Aluminum Sign Fabrication Materials

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish a term contract for aluminum sign fabrication materials including bolted extruded sign panels, sheet aluminum, Aluminum composite sheets, and sign blanks to be used as a substrate for applying reflective sheeting in the Department’s fabrication of highway signs.

Section 2: Contract Duration

The duration of this contract shall be 2 years from the date of award through July 31, 2025.

Section 3: Free on Board (F.O.B.) Destination

Delivery shall be Free-On-Board (F.O.B.) to the following location:

Sign & Signal Shops 1606 W. Broad St.

Columbus, Ohio 43223 Attn: Josh Wilson, Sign Shop Administrator

Section 4: Delivery

** If there are identified supply chain issues ODOT will be flexible on delivery dates and terms**

Delivery shall be made within 45 calendar days upon written or verbal notification against a valid State of Ohio purchase order.

Delivery shall be on a flat bed, side load truck only. The pallets will be loaded to allow ease of unloading by ODOT personnel with a forklift.

Section 5: Delivery Hours Deliveries shall be made between 7:00 a.m. and 2:00 p.m. Late arrivals will not be unloaded until the following day. No deliveries will be accepted on Saturdays, Sundays or State holidays. The Sign Shop Administrator must be notified at (614) 351-5509, or (614) 351-2855 at least 48 hours in advance of the scheduled delivery. If calls are made after business hours, leave message @ (614) 351- 5509. The caller will include the estimated date and time of delivery along with the name of the carrier. Failure to provide 48-hour notice may result in refusal of the shipment until the next business day. Delivery arrangements other than those described above must be approved in advance by the Sign Shop Administrator.

Section 6: Free on-Board Delivery Minimum Orders

• $2,500 minimum for aluminum bolted extruded sign panels and sheet aluminum, $5,000 for aluminum sign blanks.

• Orders meeting or exceeding the minimum shall be shipped FOB destination at the unit price quoted.

• Orders amounting to less than the minimum shall be shipped at the unit price quoted, prepaid with freight/shipping charges added to the invoice. Copies of freight/shipping charges are to be included with the invoice.

• No minimum shall apply to an order picked up by the Department of Transportation at the vendor location, at the unit price quoted.

Section 7: Material Specifications:

All items and materials shall be in accordance with ODOT Construction & Material Specifications and the most current ODOT Standard Construction Drawings. The following drawings TC-51.11, TC-51.12, TC-52.10 and TC-52.20 can be found on the website below.

https://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/ CurrentTrafficControl(TC)SCDs.aspx

The extruded panels identified in Group 1, supplied through this contract shall:

• be thoroughly clean, free of grease, oil, dirt, paint, moisture, stains or other foreign matter;

• be free of dents, bow, warp, buckle, burrs, sharp edges or defect and cut off square;

• be chemically treated in accordance with ASTM B 449 Class II or equivalent,

• be in accordance with ODOT Standard Construction Drawings TC-52.12,

• Commercial tolerances as established by the Aluminum Association in the Aluminum Standards and Data shall apply and further govern the acceptability of submitted products.

12" EXTRUDED SIGN PANELS

Wall Thickness

Slotted Hole Requirements

Standard Construction Drawing ASTM

.100 ga Minimum

.438" x .875" Punched Both Legs

#TC-51.12 (1/17/2014)

Exception: Wall Thickness is to be .100 gauge minimum.

B 221M (B 221), 6063T6

Industry tolerances do not apply to the fabrication of the panels included in this contract.

NOTE: Delivered materials that are non-conforming to these material specifications in any way shall be subject to rejection by the Department and removal at the vendor’s sole expense.

The aluminum sheeting and sign blanks in Groups 2 and 3 must conform to the following:

https://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentTrafficControl(TC)SCDs.aspx https://www.dot.state.oh.us/Divisions/Engineering/Roadway/DesignStandards/traffic/SCD/Pages/CurrentTrafficControl(TC)SCDs.aspx be made of approved Aluminum Alloy ASTM B 209, 5052-H38 or 3004-H38;

be chemically treated in accordance with ASTM B 449 Class II or equivalent, be thoroughly clean, free of grease, oil, dirt, paint, moisture, stains or other foreign matter;

be mill produced stable flat sheet;

be tension leveled;

be flat and in a true plane.

be free of dents, bow, warp, buckle, burrs, sharp edges or dimpling after shearing/sanding.

be supplied without thickness of alloy imprints.

be in accordance with the most current ODOT Standard Construction Drawings TC-52.10 and TC-52.20 which governs material thickness, hole patterns, corner radius and size, unless otherwise noted.

The aluminum composite material (ACM) in group 4 must conform to the following:

be thoroughly clean, free of grease, oil, dirt, moisture, stains or other foreign matter.

be flat and in a true plane.

be free of dents, bow, warp, buckle, burrs, sharp edges or dimpling.

be treated with anti-corrosion and primer treatments to both sides of the aluminum sheet.

be coated with a polyester finish on both sides that accepts and permanently bonds to adhesive traffic sign materials.

Commercial tolerances as established by the Aluminum Association in the Aluminum Standards and Data shall apply and further govern the acceptability of submitted products.

NOTE: Delivered materials that are non-conforming to these material specifications in any way shall be subject to rejection by the Department and removal at the vendor’s sole expense.

Section 8: Certification and Testing:

Certification must be provided with delivery for all materials shipped indicating compliance with specifications. Each skid must have a unique tag number that corresponds back to the documentation listing quantity, heat number(s), alloy, size, and gauge. Certification paperwork must list all associated bill of ladings and mill certifications for each heat number(s). Tests will be performed by the Department of Transportation on samples taken from delivered materials to ensure compliance with specifications. Certification to include:

Proof of ASTM B449 Class II or equivalent chemical treatment Proof of Alloy 6063 – T6 Proof of ASTM B 209, 5052-H38 or 3004-H38

Bill of lading and Mill certification for each heat number.

Failure to provide this documentation, with delivery, may result in the rejection of the order.

If multiple certifications are required with the order, items will need to be identified to each certification.

Sectio n

9: Packaging & Delivery Requirements:

The extruded panels must be protected from moisture during shipment. If moisture is found during the reasonable inspection period, the materials from the shipment may be rejected and will be replaced with conforming materials at the vendor’s expense. Panels shall be in bundles of no more than 34 per bundle and package with foam sheeting between each panel face.

The sheet aluminum shall be shipped on double deck hardwood stringer pallets, in accordance with the details shown on the enclosed drawing. The pallets shall have the same overall dimensions as the sheets of aluminum. Minor deviations to the details shown will be permitted, so long as the overall strength of the pallet is not reduced, and the three-inch clearance below the stringers is maintained.

The sheet aluminum shall be sorted by size and neatly stacked and banded to the pallets. The intermixing of different size sheets on the same pallet is not permitted. The aluminum shall not be interleaved with paper or other material. Each pallet shall have a total maximum weight of 3,000 pounds.

Identification of the size (length, width & gauge), total amount of aluminum sheets per skid and purchase order number must be clearly marked on all four (4) sides of each skid as the following example indicates:

48" x 120" x .100

Skid Amount: 100 Sheets P.O. # 000000

The sheet aluminum panels shall be protected from moisture during shipment. If moisture is found during the reasonable inspection period, the materials from the shipment may be rejected, picked back up at the vendor’s expense, and replaced with conforming materials.

The aluminum sign blanks must be sorted by size and neatly stacked and banded to the pallets. Signs shall be shipped ONLY on the specified pallets. Intermixing of different sized blanks on the same pallet is NOT permitted. The sign blanks shall be offset for every ten (10) blanks contained on each pallet.

Each pallet shall not exceed a maximum weight of 2,500 pounds. The total amount of sign blanks per pallet must clearly be marked on each pallet.

See the enclosed drawings depicting the offsetting of sign blanks on pallets and pallet specifications.

The aluminum sign blanks must be protected from moisture during shipment.

Section 10: Price Adjustment Clause:

For this ITB, the Department will permit a request for a price adjustment based on the monthly fluctuating price of aluminum based on the “Fluctuating Index” and the “Fixed Contract Fabrication Cost” as explained below.

FLUCTUATING INDEX: Fluctuating Index is considered the Aluminum Price Per Month. This price shall be determined utilizing the AMM (American Metal Market) MONTHLY AVERAGES for Steel and Nonferrous Prices; AMM Metals Price Averages Section – Aluminum Section (AMM P1020A all-in price,delivered Midwest US). These monthly averages are published on the first Friday of the month for the previous month. An example of the AMM has been included along with the applicable section highlighted.

Price adjustments will be considered monthly after the first 30 days of awarded contract. Price adjustments will cover both upward and downward movement of the commodity price. The monthly price adjustment is based on the weight of the material only.

FIXED CONTRACT FABRICATION COST: The Fixed Contract Fabrication Cost is defined as the price per pound to fabricate finished aluminum coil as per specifications and shall include all costs, overhead, and profit to manufacture and deliver the products, less the aluminum base price, defined above as the Fluctuating Index.

Written request for price adjustment, including supportive documentation, shall be sent to Josh Wilson for review:

Ohio Department of Transportation Attn: Josh Wilson, Sign Shop Administrator 1606 W. Broad St.

Columbus, Ohio 43223

(614) 351-5509 Email: Joshua.wilson@dot.ohio.gov

Supportive documentation should include, but, is not limited to copies of the current and requested price lists or similar documents which indicate the original base cost of the product to the vendor and the corresponding increase, and/or copies of correspondence sent by the vendor’s supplier on the supplier’s letterhead, which contain the above price information and explains the source of the increase.

The Department may accept the price adjustment and amend the contract, accordingly, reject the adjustment and continue the contract as is with no change in price, or cancel the contract. The Department will have sole discretion in the approval of any price adjustments. The price adjustment will become effective on the date of the Department’s acceptance letter. The price adjustment clause supersedes references to firm bid found in Section Seven of the Standard Terms and Conditions.

Section 11: Contract Award

To be considered for award of this invitation to bid, bidders are required to bid on all items in each group included on the Department’s Excel pricing page (link to file on cover). Bidders must submit balanced unit bid pricing for all bid items. Unbalanced bids will not be considered for award.

This invitation to bid will be awarded to lowest responsive bidder per group per the total bid price.

mailto:Joshua.wilson@dot.ohio.gov

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

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

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

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/164pricing.xlsx

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

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

4. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new Excel pricing page indicating the revisions made and a revision date for the changes.

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

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

(the remainder of this page has been left intentionally blank) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/164pricing.xlsx

Office of Contract Sales, Purchasing Services

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 06/13/2023)

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

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

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

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

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

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

4. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically (hyperlink below). During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements.

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

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

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

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

5. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the Department’s Upcoming ITB’s website and shall be automatically incorporated into the bidding/contract documents:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx

In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address:

Contracts.Purchasing@dot.ohio.gov

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

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

The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting.

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

8. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline (bid opening date) established, shall be deemed “Late” and will not be considered for award of this procurement. The late bid package will be marked as late, remain sealed, and will be kept in the Department’s bid file to serve as official record of a late bid having been received.

Note: The Office of Contract Sales, Purchasing Services timeclock takes precedence over any other timekeeping device (e.g. cell phones, other ODOT clocks, wrist watches, etc.) and will be utilized by the Department to determine whether or not a bid was received by the 1:00 p.m. deadline.

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

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

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

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

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

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

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

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

The following requirements also apply to unit bid prices:

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

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

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

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

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

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

14. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative Code Rule 123:5-1-06. A bidder must complete the enclosed Ohio Bid Preference Certification Statement form to be eligible to receive any applicable bid preferences.

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

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

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

a) experience of the bidder;

b) bidder’s financial condition;

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

d) the bidder’s facilities;

e) the bidder’s management skills;

f) the bidder’s employees;

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

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

i) review of Federal and Department debarment lists;

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

k) current or impending legal actions against a bidder.

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

(1) Obvious misplacement of a decimal point or comma;

(2) Obvious incorrect discount factor; or

(3) Transcription error in Part Number.

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

20. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense.

Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid.

The Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses.

21. SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised

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

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

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

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

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

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

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

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

25. OVERLAPPING CONTRACT ITEMS: The products and/or services included in this solicitation may be available from other State of Ohio contracts and/or other contracts made available for the Department’s use. The existence of these contracts containing like or similar products and/or services could be either known or unknown to the Department at the time this procurement has been published. Unless otherwise stated in this contract, the Department may acquire these products and/or services from any available source. The Department will make purchases from sources that are deemed to be in the best interest of the Agency.

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

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

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

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

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

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

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

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

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

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

28. BID PROTESTS: Any apparent low bidder either deemed not responsible or whose bid has been deemed non-responsive shall be notified by the Department of that determination and the reasons for it. The notification will be provided by the Department in writing and sent by U.S. mail and at the email address provided on the front cover of the bidder’s bid. The bidder will have five (5) calendar days after receipt (by mail or email confirmation) of this notification to file a written, valid protest of the Department’s determination. A valid written protest must contain substantive information and evidence so as to refute the Department’s asserted claims against either the bid’s responsiveness or bidder’s responsibility, whichever apply. The Department will only review and respond to valid written protests containing substantive information and evidence. After review of the valid written protest, the Department will either affirm or reverse its original determination.

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

29. DELAYS IN CONTRACT AWARD: Delays in the award of this procurement beyond the anticipated

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

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

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

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

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

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

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

32. PUBLIC RECORD: All opened bids and their contents are subject to the Public Records Law, Section

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

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

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

Contracts.Purchasing@dot.ohio.gov

Ohio Department of Transportation Office of Contract Sales, Purchasing Services 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223 http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseCurrentContracts/CurrentKs.aspx mailto:Contracts.Purchasing@dot.ohio.gov

Office of Contract Sales, Purchasing Services

GENERAL DEFINITIONS

(Last revised 11/30/2020)

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

1. AGENCY: Ohio Department of Transportation.

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

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

4. DEPARTMENT: Ohio Department of Transportation

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

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

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

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

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

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

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

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

14. SERVICES: The furnishing of labor, time or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. "Services" does not include services furnished pursuant to employment agreements or collective bargaining agreements.

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

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

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

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

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

Office of Contract Sales, Purchasing Services

STANDARD CONTRACT TERMS AND CONDITIONS

(Last Revised 11/30/20)

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…