199B-24.pdf

ITB 199B-24 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

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 5,000 gallons.

District 2, Bowling Green

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

Lucas County Garage 4080 Technology Drive Maumee, Ohio 43607

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

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

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 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

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

Lorain County Garage 405 West Lorain Street Oberlin, Ohio 44074

Total estimated 12 month quantity is 2,500 gallons.

District 4, Akron

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 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

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

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

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

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

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

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

District 6, Delaware (continued)

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

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

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

Shelby County Garage

2190 SR 29

Sidney, Ohio 45365

550 gallon above ground tank

Moraine FS 3500 Dryden Road Moraine, Ohio 45439

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

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

District 9, Chillicothe

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

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

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

District 11, New Philadelphia

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

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

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

State of Ohio, Department of Transportation (ODOT)

Office of Contract Sales, Purchasing Services

OhioBuys

Terms and Conditions for Submitting Excel Pricing File in Bid Package

If an Excel File is Present in OhioBuys

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

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

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

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

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

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

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 11/2/2023)

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

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

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

c. It is strongly recommended that all interested bidders not already registered with Ohio Shared

Services submit the above paperwork prior to the bid submission deadline.

2. HOW BIDS MUST BE PACKAGED: All information must be submitted through OhioBuys.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award

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

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

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

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

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

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

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

i. experience of the bidder;

ii. bidder’s financial condition;

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

iv. the bidder’s facilities;

v. the bidder’s management skills;

vi. the bidder’s employees;

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

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

ix. review of Federal and Department debarment lists;

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

xi. current or impending legal actions against a bidder.

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

1. Obvious misplacement of a decimal point or comma;

2. Obvious incorrect discount factor; or

3. Transcription error in Part Number.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contracts.Purchasing@dot.ohio.gov

Ohio Department of Transportation Office of Contract Sales, Purchasing Services 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223 https://ohiobuys.ohio.gov/page.aspx/en/ctr/contract_browse_public mailto:Contracts.Purchasing@dot.ohio.gov

GENERAL DEFINITIONS

(Last revised 11/30/2020)

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

1. AGENCY: Ohio Department of Transportation.

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

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

4. DEPARTMENT: Ohio Department of Transportation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STANDARD CONTRACT TERMS AND CONDITIONS

(Last Revised 11/8/23)

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

2. ENTIRE CONTRACT: This Contract consists of the complete procurement, including the Instructions, Terms and Conditions for Bidding, these Standard Contract Terms and Conditions, the Special Contract Terms and Conditions, ODOT Cooperative Purchasing Program Requirements, mutually executed Signature Page, Specifications and Requirements, awarded unit bid pricing, and any written addenda to the procurement; the completed competitive sealed bid, including proper modifications, clarifications and samples; and applicable, valid State of Ohio purchase orders or other ordering documents (“Contract”).

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

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

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

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

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

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

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

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

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

6. CONTRACT CONSTRUCTION: Any general rule of construction to the contrary notwithstanding this Contract shall be liberally construed in favor of the effect the purpose of this Contract and the policy and purposes of the Department. If any provisions in this Contract are found to be ambiguous, an interpretation consistent with the purpose of this Contract that would render the provision valid shall be favored over any interpretation that would render it invalid.

7. GOVERNING LAW / SEVERABILITY: 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. If any provision of the Contract or the application of any provision is held by that court to be contrary to law, the remaining provisions of the Contract will remain in full force and effect.

8. ASSIGNMENT / DELEGATION: The Vendor will not assign any of its rights nor delegate any of its duties under this Contract without the written consent of the Director of ODOT. Any assignment or delegation not consented to may be deemed void by the Department.

9. PLACEMENT OF ORDERS/METHODS OF PAYMENT: The Department shall use either State of Ohio

Purchase Order or State of Ohio Payment Card (i.e.