Invitation to Bid: 199-27

Disposal Services for Used Oil

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to establish term contract pricing for Disposal of Used Oil Services for all Districts and County Garages in the State of Ohio.

Section 2: Contract Duration

The effective duration of this agreement shall be twenty-four (24) months.

Section 3: Award

Award of this Invitation will first be to the vendor that offers to pay the Department the highest dollar amount per gallon of used oil picked up by the vendor. If no vendor is paying the Department for the Used oil, the Department will then award to the bidder who submits the lowest disposal fee per gallon by district.

Note: Purchase orders/Phone orders when issued, will detail specific destination points.

District 1 - Lima District 8 - Lebanon

District 2 - Bowling Green District 9 - Chillicothe

District 3 - Ashland District 10 - Marietta

District 4 - Akron District 11 - New Philadelphia

District 5 - Jacksontown District 12 - Garfield Heights

District 6 - Delaware Central Garage - Columbus (CG)

District 7- Sidney Office of Aviation - Columbus

Note: The ODOT Central Garage is located at 1620 W. Broad St. and the Office of Aviation is located at 2829 W. Dublin-Granville Rd. in Columbus. To provide service to these locations, the bidder must be the awarded vendor in District 6.

Section 4: Pick-Up

Pick-Up shall be completed within five (5) calendar days upon written or verbal notification of a valid State of Ohio purchase order.

4.1: Pick-Up Hours

All Pick-ups shall be made between the hours of 7:30 a.m. and 3:00 p.m., Monday through Friday, excluding State holidays, unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Section 5: Estimated Quantities

The enclosed quantities represent below estimated quantities only. Each District’s actual amount could represent more than or less than the estimated quantity noted. The Department shall in no way be obligated to provide the total estimated quantity. The estimated quantities from the Office of Aviation and the Central Garage are unknown.

Section 6: Product Specifications

The engine oil offered is from ODOT vehicles. No guarantee is given as to the quality or condition.

Section 7: Bidder Requirements:

• All bidders shall submit pricing for all districts.

• All bidders shall submit, along with their bid, a letter describing how they are going to dispose of the Used oil picked-up at the ODOT locations.

• Each tank or container of Used oil shall be screened for chlorinated solvents, on site by the vendor in order to verify that only Used oil is in the container or tank. Written results of the screening must be provided to an ODOT representative at the pickup location. The vendor may use any test method available to run this screening.

• ODOT reserves the right to inspect environmental compliance records on file with the Ohio Environmental Protection Agency (EPA) and use the information in determining the lowest responsive and responsible bidder.

• Disposal of the Used Oil must be in compliance with the Code of Federal Regulations Title 40- Protection of the Environment, parts 260 to 299 revised as of July 1, 1992.

• Enclosed you will find the EPA Regulation Compliance Certification Statement, which is to be completed and returned with the Invitation to Bid. Failure to complete the above statement provided herein shall be just cause for rejection of the bid.

Section 8: District Responsibility

It will be the responsibility of the District Equipment Superintendent or designee to notify the vendor for their respective District when Used oil is ready for pickup. Pickup must be completed within five

(5) calendar days of notification.

Section 9: Payment

In the event the awarded vendor is paying ODOT for the Used oil, after the completion of pickup, the awarded vendor will have twenty-one (21) calendar days to present a check to the listed manager at the location where the Used oil was picked-up. The check is to be made payable to the Treasurer of State, c/o the Ohio Department of Transportation. CASH IS NOT ACCEPTABLE.

Section 10: Price Adjustments

All prices submitted must be firm and guaranteed against increase through the first year of the contract. At the beginning of the second year ODOT will use the prices the vendor submitted for the second year on the pricing page.

Section 11: Signing of Service Agreements and Acceptance of Corporation Invoices by ODOT Employees.

The Parties acknowledge that the Vendor may require that “Service Agreements” be signed by ODOT employees and invoices shall be signed by Vendor to document the receipt of products and services and to facilitate the tracking of said products and services. If as part of that documentation, additional terms or conditions are added by the Vendor, the Parties agree that said additional terms and conditions shall have no force or effect. It is understood and agreed that only the terms, conditions and specifications agreed to in writing by the Vendor and this contract are applicable, and that signing of the Service Agreements by ODOT employees and issuance of invoices are an acknowledgement of the products or services received and demonstrates an accurate reflection of the payments owed to the Vendor for said products or services.

Location of Used Oil by District

District 1, Lima

Total estimated 12 month quantity is 5,000 gallons.

District 2, Bowling Green

District Location Storage Capacity Per Gallon

District 2, Headquarters 317 East Poe Road Bowling Green, Ohio 43402

300 gallon above ground tank

Fulton County Garage

8878 SR 108

Wauseon, Ohio 43567

240 gallon above ground tank

Henry County Garage 9733 S.R. 110 & Rt. 5 Napoleon, Ohio 43545

240 gallon above ground tank

Lucas County Garage 4080 Technology Drive Maumee, Ohio 43607

240 gallon above ground tank

Ottawa County Garage 307 South Railroad St.

Oak Harbor, Ohio 43449

300 gallon above ground tank

Sandusky County Garage 1891 North SR 53 Fremont, Ohio 43420

240 gallon above ground tank

District Location Storage Capacity Per Gallon

District 1, Headquarters Garage 1705 North McCullough St.

Lima, Ohio 45801

(2) 500 gallon aboveground tanks

Defiance County Garage 2340 Baltimore Road Defiance, Ohio 43512

275 gallon aboveground tank

Hancock County Garage 1645 Lima Ave.

Findlay, Ohio 45840

500 gallon aboveground tank

Hardin County Garage 13052 Letson Ave.

Kenton, Ohio 43326

500 gallon aboveground tank

Paulding County Garage 833 West Wayne St.

Paulding, Ohio 45879

480 gallon aboveground tank

Putnam County Garage 617 11th Street Ottawa, Ohio 45875

250 gallon aboveground tank

Van Wert County Garage 10238 Van Wert-Decatur Road Van Wert, Ohio 45891

250 gallon aboveground tank

Wyandot County Garage 10976 County Road 121 Upper Sandusky, Ohio 43351

500 gallon aboveground tank

Total estimated 12 month quantity is 4,100 gallons.

District 3, Ashland

District 3 Garage 906 North Clark St.

Ashland, Ohio 44805

250 gallon above ground tank

Ashland County Garage 946 North Clark St.

Ashland, Ohio 44805

None

Crawford County Garage 275 Crossroads Blvd Bucyrus, Ohio 44820

275 above ground tank

Erie County Garage 165 South Huron Street Milan, Ohio 44846

125 gallon above ground tank

Huron County Garage 760 Dublin Rd.

Norwalk, Ohio 44857

250 gallon above ground tank

Medina County Garage 4993 Atlantic Drive Seville, Ohio 44273

275 gallon above ground tank

Richland County Garage 1256 West Fourth St.

Mansfield, Ohio 44906

250 gallon above ground tank

Wayne County Garage 1661 Geyers Chapel Road Wooster, Ohio 44691

275 gallon above ground tank

Burbank Outpost

SR 83

Burbank, Ohio 44214

None

Lexington Outpost

IR-71 & ST 97

Lexington, Ohio 44904

None

District Location Storage Capacity Per Gallon

Seneca County Garage

3390 SR 100

Tiffin, Ohio 43543

500 gallon above ground tank

Williams County Garage 1825 Magda Dr.

Montpelier, Ohio 43543

500 gallon above ground tank

Wood County Garage 13982 Mitchell Road Bowling Green, Ohio 43402

240 gallon above ground tank

Northwood Outpost 200 Lemoyne Northwood, Ohio 43467

55 gallon drums

North Baltimore Outpost 1218 South Dixie Highway North Baltimore, Ohio 45872

None

Total estimated 12 month quantity is 2,500 gallons.

District 4, Akron

District 5, Jacksontown

District 5 Headquarters 9600 Jacksontown Road, SE.

Jacksontown, Ohio 43030

800 gallon above ground tank

Coshocton County Garage 233 Rivercrest Drive Coshocton, Ohio 43812

500 gallon above ground tank

Fairfield County Garage 3265 West Fair Avenue Lancaster, Ohio 43130

600 gallon above ground tank

Guernsey County Garage 6490 Glenn Highway Cambridge, Ohio 43725

250 gallon above ground tank

Knox County Garage 502 Harcourt Road Mt. Vernon, Ohio 43050

240 gallon above ground tank

District Location Storage Capacity Per Gallon

Lorain County Garage 405 West Lorain Street Oberlin, Ohio 44074

250 gallon above ground tank

District 4 Headquarters 2088 S. Arlington Street Akron, Ohio 44306

500 gallon above ground tank

Ashtabula County Garage 492 Seven Hills Road Ashtabula, Ohio 44004

500 gallon above ground tank

Mahoning County Garage 401 West Main St.

Canfield, Ohio 44406

500 gallon above ground tank

Portage County Garage 3946 Rootstown Industrial Parkway Ravenna, Ohio 44266

275 gallon above ground tank

Summit County Garage 6155 Chittenden Road Hudson, Ohio 44236

500 gallon above ground tank

Trumbull County Garage 5140 Belmont Ave Youngstown, Ohio 44505

500 gallon above ground tank

Stark County Garage 4505 Atlantic Blvd NE Canton, Ohio 44705

500 gallon above ground tank

District 6, Delaware

District 6 Headquarters 400 East Williams Street Delaware, Ohio 43015

550 gallon above ground tank

Delaware County Garage 1290 U.S. Rt. 42, North Delaware, Ohio 43015

550 gallon above ground tank

Fayette County Garage

2331 SR 22 SW.

Washington Court House, Ohio 43160

240 gallon above ground tank

Franklin County Garage 3500 East 5th Avenue Columbus, Ohio (Columbus Outpost) 43219

240 gallon above ground tank

Madison County Garage

6640 SR 29

West Jefferson, Ohio 43162

550 gallon above ground tank

Marion County Garage 1775 Marion Williamsport E Marion, Ohio 43302

240 gallon above ground tank

Morrow County Garage

5560 US 42

Mt. Gilead, Ohio 43338

550 gallon above ground tank

Pickaway County Garage 150 Highland Avenue Circleville, Ohio 43113

240 gallon above ground tank

Union County Garage 1717 Collins Ave Marysville, Ohio 43040

240 gallon above ground tank

Berkshire Outpost 7016 S.R. 37 Sunbury, 43074Ohio

None

Chesterville Outpost 3988 County Rd. 127 Mount Gilead, Ohio 43338

240 gallon above ground tank

Grove City Outpost 6000 Haughn Road Grove City, Ohio 43123

240 gallon above ground tank

Mount Sterling Outpost 15664 West Columbus Street Mount Sterling, Ohio 43143

240 gallon above ground tank

District Location Storage Capacity Per Gallon

Muskingum County Garage 3399 East Pike Zanesville, Ohio 43701

550 gallon above ground tank

Perry County Garage 2405 S.R. 13 New Lexington, Ohio 43764

275 gallon above ground tank

District 6, Delaware (continued)

Total estimated 12 month quantity is 8,000 gallons.

District 7, Sidney

District 7 Headquarters 1001 St. Marys Pike Sidney, Ohio 45365

550 gallon above ground tank

Auglaize County Garage 511 Commerce Drive Wapakoneta, Ohio 45895

250 gallon above ground tank

Champaign County Garage 217 S. Edgewood Avenue Urbana, Ohio 43078

500 gallon above ground tank

Clark County Garage 1630 W. 1st Street Springfield, Ohio 45504

500 gallon above ground tank

Darke County Garage 5230 Darke County Industrial Way Greenville, Ohio 45331

500 gallon above ground tank

Logan County Garage 149 Northview Drive Bellefontaine, Ohio 43311

240 gallon above ground tank

Mercer County Garage 4444 SR 29 West Celina, Ohio 45822

1,000 gallon above ground tank

Miami County Garage 2423 S.R. 55 West Troy, Ohio 45373

1,000 gallon above ground tank

Montgomery County Garage 300 Smith Drive Englewood, Ohio 45315

240 gallon above ground tank

District Location Storage Capacity Per Gallon

Hilliard Full Service Garage 4400 Currency Drive Columbus, Ohio 43228

240 gallon above ground tank

Franklin County Gararge 4730 East Dublin Granville Road Westerville, Ohio 43081

500 gallon above ground tank

Richwood Outpost 11304 SR 47 East Richwood, Ohio 43344

240 gallon above ground tank

Central Garage, Columbus (Franklin Co.)

1620 West Broad Street Columbus, Ohio

240 gallon above ground tank

Bureau of Aviation 2829 Dublin-Granville Road Worthington, Ohio

250 gallon above ground tank

Total estimated 12 month quantity is approximately 5,000 gallons.

District 8, Lebanon

District 8 Headquarters

505 SR 741

Lebanon, Ohio 45036

500 gallon above ground tank

Butler County Garage 4560 Old Kyles-Station Rd.

Hamilton, Ohio 45011

240 gallon above ground tank

Clermont County Garage 3600 S.R. 132 Batavia, Ohio 45102

240 gallon above ground tank

Clinton County Garage 3382 U.S.R. 68 South Wilmington, Ohio 45177

240 gallon above ground tank

Greene County Garage 81 Innovation Way Xenia, Ohio 45385

275 gallon above ground tank

Hamilton County Garage 1400 E. Seymour Ave.

Cincinnati, Ohio 45237

240 gallon above ground tank

Preble County Garage 234 Quaker Trace Road West Alexandria, Ohio 45381

240 gallon above ground tank

Warren County Garage 1790 Cornett Dr.

Lebanon, Ohio 45036

240 gallon above ground tank

40 Ft. Pitch Outpost

US 127 N.

Eaton, Ohio 45320

240 gallon above ground tank

Blue Ash Outpost 11590 Grooms Road Blue Ash, Ohio 45242

240 gallon above ground tank

Miamitown Outpost

5903 SR-128

Miamitown, Ohio 45041

240 gallon above ground tank

68 Outpost 5996 US 68 North Wilmington, Ohio

240 gallon above ground tank

Milford Outpost 809 Old US 50 Milford, Ohio

240 gallon above ground tank

District Location Storage Capacity Per Gallon

Shelby County Garage

2190 SR 29

Sidney, Ohio 45365

550 gallon above ground tank

Moraine FS 3500 Dryden Road Moraine, Ohio 45439

500 gallon above ground tank

Total estimated 12 month quantity is approximately 5,000 gallons.

District 9, Chillicothe

Total estimated 12 month quantity is approximately 5,500 gallons

District 10, Marrietta

District 10 Headquarters Garage 1401 Colegate Drive Marietta, Ohio 45750

733 gallon above ground tank

Athens County Garage 700 West Union Street Athens, Ohio 45701

275 gallon above ground tank

Gallia County Garage 2397 Jackson Pike Bidwell, Ohio 45614

500 gallon above ground tank

Hocking County Garage

13176 SR 664

Logan, Ohio 43138

4 – 55 gallon drums

Meigs County Garage

34449 SR 7

Pomeroy, Ohio 45769

300 gallon above ground tank

District Location Storage Capacity Per Gallon

District 9 Headquarters 650 Eastern Avenue Chillicothe, Ohio 45601

240 gallon above ground tank

Highland County Garage 521 East Main Street Hillsboro, Ohio 45133

275 gallon above ground tank

Adams County Garage 220 CIC Boulevard W. Union, Ohio 45693

275 gallon above ground tank

Brown County Garage

5124 SR 125

Georgetown, Ohio 45121

275 gallon above ground tank

Ross County Garage 225 Larrick Lane Chillicothe, Ohio 45601

275 gallon above ground tank

Pike County Garage 5591 Wakefield Mound Road Piketon, Ohio 45661

500 gallon above ground tank

Lawrence County Garage 450 Commerce Drive Ironton, Ohio 45638

240 gallon above ground tank

Jackson County Garage 2251 Rice Road Jackson, Ohio 45640

240 gallon above ground tank

Scioto County Garage

9187 US 23

Lucasville, Ohio 45648

300 gallon above ground tank

Monroe County Garage

47028 SR 26

Woodsfield, Ohio 43793

275 gallon above ground tank

Morgan County Garage 4205 Montastery Road McConnelsville, Ohio 43756

300 gallon above ground tank

Noble County Garage 17229 Hunnkadora Road Caldwell, Ohio 43724

250 gallon above ground tank

Vinton County Garage 30931 State Route 93 McArthur, Ohio 45651

298 gallon above ground tank

Washington County Garage 1650 Greene Street Marietta, Ohio 45750

300 gallon above ground tank

District 11, New Philadelphia

Total estimated 12 month quantity is approximately 5,000 gallons

District 12, Garfield Heights

District 12 Headquarters 5500 Transportation Bld Garfield Heights, Ohio 44125

550 gallon above ground tank

Warrensville Garage 25609 Emery Road Warrensville, Ohio 44128

275 gallon above ground tank

District Location Storage Capacity Per Gallon

District 11 Headquarters 2201 Reiser Ave SE New Philadelphia, Ohio 44663

550 gallon above ground tank

Belmont County Garage 41061 Bond Dr.

Belmont, Ohio 43718

300 gallon above ground tank

Carroll County Garage 258 Kensington Road Carrollton, Ohio 44615

280 gallon above ground tank

Columbiana County Garage 33606 U.S.R. 30 Lisbon, Ohio 44432

275 gallon above ground tank

Harrison County Garage 43041 S. Industrial Park Rd.

Cadiz, Ohio 43907

480 gallon above ground tank

Holmes County Garage 1800 S. Washington St.

Millersburg, Ohio 44654

500 gallon above ground tank

Jefferson County Garage

575 CR 43

Steubenville, Ohio 43952

Riveredge Garage 4940 Old Grayton Road Cleveland, Ohio 44135

500 gallon above ground tank

Geauga County Garage 14520 Tare Creek Parkway Middlefield Village, Ohio 44062

275 gallon above ground tank

Lake County Garage 10 Black Brook Road Painsville, Ohio 44077

Total estimated 12 month quantity is approximately 2,000 gallons

Section 12: Submitting Bids in Ohio Buys

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

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

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

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

Section 13: Registration with the Secretary of State. The contractor certifies that it is one of the following:

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

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

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

Section 14: Compliance with E-Verify Workforce Integrity Act

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

https://ohiopays.ohio.gov/

Rev.6.4.26

STANDARD TERMS & CONDITIONS

I. GLOSSARY

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

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

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

C. AUTHORIZED DEALER/DISTRIBUTOR: The vendor that maintains written legal agreements with manufacturers to act as their agent and provide goods, products, or services listed in the bid/RFQ/contract.

The authorized Dealer/Distributor must maintain active and sufficient facilities necessary to perform the awarded Contract, own title to the goods, products, or services and maintain available stock on a continuous basis and in sufficient quantity to provide uninterrupted access to the Contract Deliverable.

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

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

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

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

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

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

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

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

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

Diversity, Growth and Equity.

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

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

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

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

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

R. REQUEST FOR QUOTE (RFQ)/INVITATION TO BID (ITB)/COMPETITIVE SEALED BIDDING: A

solicitation for goods, products, or services in which ODOT invites vendors to submit price quotes/bid responses for the supply of such goods, products, or services.

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

T. 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.

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

V. STATE DATA: All data and information provided by, created by, created for, or related to the activities of the

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

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

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

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

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

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

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

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

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

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response. Vendors must provide documentation from the manufacturer as part of the quote/bid response that they are an authorized dealer/distributor of the goods, products or services being purchased. ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid. Vendor shall comply with the Ohio Secretary of State’s registration requirements for domestic and foreign corporations and limited liability corporations. If a Vendor that is a foreign corporation or foreign limited liability company intends to assert an exemption as described in Section 1703.02 or Section

1706.512 of the Ohio Revised Code, a Vendor shall provide sufficient documentation that demonstrates exemption from the requirement to register with the Ohio Secretary of State’s office within seven business days of the award. Failure to do so to the satisfaction of ODOT may render the quote/bid response invalid.

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

C. SPECIFICATIONS: ODOT is authorized to prepare specifications to obtain goods, products, and services.

The purpose of the specification is to describe the goods, products, or services to be purchased and will serve as a basis for comparison of quotes/bid responses. The Department may use any form of specification it determines to be in the best interest of the State and that best describes the goods, products, or services to be purchased. Specifications may be in the form of a design or performance specification, or a combination thereof. If the Department determines that a design, performance, or combination specification is not in the best interest of the State, it may use a brand name or equal specifications.

Where a brand name or equal specification is used, use of brand name is for the purpose of describing the base standard of quality, performance and characteristics desired only and is not intended to limit or restrict competition.

Substantially equivalent supplies or services to those designated will be considered for award.

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

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

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

No changes to pricing shall be permitted after the quote or bid submission deadline. Vendors are responsible for reviewing and verifying all pricing prior to submission. In the event of a contract award, the Vendor shall be required to deliver the goods or services at the prices submitted.

Vendors shall not enter a unit price of more than two (2) digits to the right of the decimal point.

Any digits beyond the second decimal place will be disregarded and not used for rounding purposes in the evaluation or payment thereof.

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

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

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

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

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

2. Evidence of collusion among Vendors.

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

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

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

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

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

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

III. REGULATORY CONTRACT REQUIREMENTS

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

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

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

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

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

E. CONFLICT OF INTEREST/ETHICS. The Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and

2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

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

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

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

F. TRADE. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

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

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

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

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

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

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company and are prohibited from permitting State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely in a location governed or controlled by the Russian Federation, Russian companies, or Russian institutions. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition.

During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

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

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

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

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

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

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

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

3. Exempt from the foreign corporation registration requirements of the Ohio Secretary of State as provided by Section 1703.02 of the Ohio Revised Code or exempt from the foreign limited liability company registration requirements as provided by Section 1706.512 of the Ohio Revised Code.

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

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

The State of Ohio does not acquire goods or services that cannot be imported lawfully into the United States or transact business with any entity or individual subject to financial sanctions imposed by the United States. The Contractor certifies that it, its subcontractors, and any agent of the Contractor or its subcontractors, will acquire any goods or services in accordance with all trade control laws, regulations or orders of the United States, including the prohibited source regulations set forth in subpart 25.7, Prohibited Sources, of the Federal Acquisition Regulation and https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf http://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf any sanctions administered or enforced by the U.S.