513-23.pdf

Invitation No.: 513-23 Location: District 6 Commodity: US-33 Smart Mobility Corridor Maintenance Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/513pricing.xlsx

REQUEST FOR PROPOSALS (RFP)

State of Ohio, Department of Transportation

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

Response Submission Deadline (Bid Opening Date):

June 9, 2022 at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

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

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

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

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

PROCUREMENT VIA THE FOLLOWING WEBSITE:

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

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

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

Zip files CANNOT be sent.

SECTION I. GENERAL OVERVIEW

1.1 Background

Project Limits: From SR-347 to 1-270 along the US-33 Corridor and local routes Project Length: - 35 miles.

The Ohio Department of Transportation (ODOT) is seeking proposals from contractors capable of performing long term maintenance, general maintenance, and other services on the US33 Fiber System.

The “US33 Fiber System” is comprised of the following assets:

- A small, nondescript telecommunications building located near the TRC, Inc. Welcome Center whose address is: 10829 OH-347, East Liberty, OH 43319

- Conduit (7 cell, microduct pathway) o Includes ODOT owned conduit along US33 and local routes o Includes Union County Community Improvement Corporation owned conduit along Industrial Parkway

- Pull boxes

- One (1) redundantly routed 432-count Fiber-optic cable and

- Fiber-optic cable and conduit “laterals” from the main “fiber trunk line” connecting to 63

ODOT ITS sites along the US33 Smart Mobility Corridor

A geographic representation of the US33 Fiber System can be found in Appendix B.

SECTION II. SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

2.1 General Expectations.

1. Contractor will perform all duties and responsibilities for the functional maintenance of the US33 Fiber System. Continuously monitor the US33 Fiber System Route for any activities that may disrupt, conflict, or interfere with the system. This monitoring will attempt to identify construction projects along the US33 Fiber System routes and work with ODOT or applicable local entities to deconflict those construction projects. Any maintenance activity that may occur along the US33 Fiber System Route should similarly be identified and deconflicted.

2. The US33 Fiber System will be utilized by public sector and private sector entities.

As such the contractor will be engaged to maintain an industry-acceptable level of maintenance. This is outlined in Appendix A through F – Fiber Protection and Restoration Agreement. This document is to be signed by each proposer and will become effective upon award.

3. Field Locating and Marking will not be a part of this contract. There is no expectation that Field Location and Marking will be the responsibility of the contractor.

2.2 Contractor Disincentives

Contractor is required to meet all the response and restoration requirements found in Appendix A through F – Fiber Restoration and Protection Agreement, except in cases where conditions are present that would restrict the contractor from meeting the requirements. In these cases, the contractor shall send a written request via email to the contract contact explaining the situation for approval of a waiver of the requirements in this section. In cases where Contractor does not meet these requirements, the following disincentives will be applied:

- 4-hour window, priority restoration service: $1000 per hour over and above the limits specified for emergency restoration of priority service in the Fiber Restoration and Protection Agreement.

- 14-day window, permanent restoration: $200 per day over and above the limits specified for permanent repair in the Fiber Restoration and Protection Agreement.

2.3 Work Items: The Maintenance Contractor (hereinafter "Proposer") duties shall include the following items.

- Regular Maintenance:

This includes maintenance of existing mainlines and laterals of 432-strand fiber optic cable, repair of conduit pathway, splicing into the 432-strand fiber optic cable and any other necessary materials and labor to maintain a complete fiber optic cable installation.

- Follows description for “Regular Maintenance” found in Appendix C –

Response/Availability of Contractor.

- This item also includes complete restoration of conduit path to a condition equal or better than pre-existing.

- This item includes, but is not limited to items such as, pathway proofing and cleaning, pull box maintenance, monitoring and reporting of any construction activity that may disrupt service of the fiber, general repairs of the fiber optic cable and conduit system, and overseeing any operation that may install conduit into any of the US-33 fiber pull boxes.

- Any materials needed to perform the general maintenance and repairs of the system, will be included in the bid price for regular maintenance, with the exception of fiber cable, conduit and pull boxes. The use of fiber cable, conduit and pull boxes shall be agreed upon and paid separately by ODOT through DriveOhio. This work shall be completed within an agreed-upon timeframe.

- Reporting shall take place monthly and shall include a summary of activities that have taken place under this item.

- Monitoring of the corridor shall be performed daily for US-33 and the local route and shall include construction activity including equipment, painted roadway construction markings, barrels/cones, etc.

- All pull boxes shall be opened annually and fiber within each shall be inspected for existing damage and situations that would increase future damage probability.

Additionally, to prevent water and foreign material entrance, each duct entering a pull box shall be confirmed that it is sealed from the elements. If no solution is present, the contractor shall take necessary measures to seal the conduit and microducts from the elements. Also, the length of 432-count fiber cable slack shall be noted for each pull box.

- It shall be the Proposer's responsibility to monitor the condition of all fiber utility markers and replace any damaged markers as needed.

- This item shall cover all management of the fiber optic cable and conduit systems, as well as any other general maintenance items not specifically described above.

- The contractor shall organize all management information into an ODOT provided software platform with splicing diagrams, termination drawings, as well as connecting agency related information and provide any changes within 3 days of any modifications to the 432-strand fiber network. The Proposer shall perform actions needed for the management of the fiber allocation, keeping splicing and installation drawings up-to-date, and overseeing installation of conduit into existing fiber trunk line pull boxes.

- Emergency Maintenance:

- Any emergency repair of the 432-strand fiber optic cable, conduit, and pull-boxes.

- If any fiber optic cable is damaged or if there is evidence of loss of connectivity, either by nature or outside party, the Proposer shall respond to DriveOhio for approval to initiate emergency response. Once approval has been granted, the contractor shall be on-site of the disruption or at the termination panel at TRC or MDC within 2 hours, from the time of notice.

Contractor shall then perform repairs to restore prioritized fiber within 4 hours according to Appendix C – Response/Availability of the Contractor. With expressed, written approval by DriveOhio, emergency maintenance will be in effect and Emergency Rates outlined in Appendix C – Schedule of Prices will be applied. Payment for an Emergency Maintenance item will be kept separate from regular, monthly invoices.

- ODOT will retain spare reels of 432 strand fiber optic for use by the Contractor, for cases in which it is needed to make emergency repairs. This inventory is to be located within the Proposer’s on-site, ODOT-approved, local field office as identified per Appendix E – Equipment and Support Center Location. ODOT will provide the contractor with an opportunity to test the reel of fiber prior to taking the fiber under contractor control. If damage is discovered to the fiber, after the transition of control to the contractor has occurred, it will be the responsibility of the contractor to replace the cable at their cost. At the end of the contract period, any unused fiber optic cable shall be delivered to ODOT, undamaged, by the contractor.

- All dark fiber optic strands shall be restored within a regularly scheduled maintenance period.

It shall be the proposer's responsibility to keep track of the active vs. dark fiber optic strands and provide a report to the DriveOhio, at the time of request or change in status. Payment for this activity shall be included in the Fiber Optic Regular Maintenance item.

- Other Services:

- Any future splicing, as requested/approved by ODOT through DriveOhio in coordination with the NW 33 Innovation Corridor Council of Governments (Union County, City of Dublin, City of Marysville, Marysville - Union County Port Authority). This includes splicing of laterals installed by other parties to the 432-strand fiber trunk line. All work associated with Section 2.1.C shall be quoted by the Proposer to the requesting entity or third party and payment shall be made by the requesting entity or third party to the proposer per the labor and equipment rates shown in Appendix C.

- The Proposer shall not make any new connections to the 432-strand cable, without written approval from ODOT through DriveOhio. Once written approval is received the Proposer shall proceed with the splicing and shall update any and all necessary documentation in order to coordinate with ODOT’s chosen contractor for Utility Locating and Marking.

- General Maintenance of the State of Ohio Telecommunications Building:

- The US33 Fiber System includes a small, non-descript Telecommunications Building located adjacent to the Transportation Research Center in East Liberty, Ohio. Payment for all items outlined in this section shall be included in the Monthly Telecommunications Building Maintenance item in Appendix C.

- The Proposer shall provide comprehensive facility maintenance activities in a manner that preserves the building structure, grounds, mechanical equipment systems, safety and security systems and any other systems/elements necessary for the proper operation and maintenance of the facility as designed and constructed for the intended use. Comprehensive facility maintenance includes but is not limited to the activities outlined in the Building Maintenance Activities list attached to this agreement as Appendix F – Telecommunication

Building Maintenance Activities.

- The Proposer shall perform comprehensive facility maintenance activities with employees of their own organization and/or highly qualified, sufficiently capable and properly licensed vendors. It is a requirement of this contract that any facility maintenance activities on system components and equipment that require professional licenses issued by the State of Ohio be performed by properly licensed vendors only with no exception.

- The proposer and their representatives/contractors shall utilize a Computerized Maintenance Management System (CMMS) to generate preventive maintenance work orders and track reactive maintenance tasks for system components and equipment. Any piece of equipment or system component that is relevant to the operation of the building must be entered in the CMMS. The awarded vendor shall provide CMMS access to the US33 Smart Mobility Corridor program manager and any other persons identified during the Contract Kickoff Meeting within fifteen (15) days of the Contract Kickoff Meeting following award of the contract.

- At a minimum, each element/system/component must be scheduled for some type of preventive maintenance at least once a month even if it is only a visual inspection that would include observing the equipment during operation for leaks, excessive vibration, overheating, and unusual noise. The original manufacturer’s manuals must be referenced when determining the preventive maintenance tasks for the equipment. Work orders shall be issued monthly or according to manufacturer recommendations, whichever is more frequent, for all types of work. All work performed shall be documented in the CMMS.

- Monthly reports that list the routine, preventive and reactive maintenance tasks must be made available to the US33 Smart Mobility Corridor program manager and any other persons identified during the Contract Kickoff Meeting and within the CMMS system at the end of each month.

- At the time of the Contract kickoff meeting, the awarded vendor shall provide a Building Maintenance Schedule outlining the frequency of tasks necessary to perform the requirements of the contract.

- Service reports for all maintenance activities shall be kept and shall be available for review at the building site. A sign in/out log shall be posted at the main entrance to the building to document anytime the awarded vendor or one of their representatives/contractors are on site performing maintenance activities, including landscape maintenance.

All Telecommunications Building Access shall be coordinated and granted through DriveOhio.

- Proposer Provided Services

- The Proposer shall perform monthly facility inspections and document current conditions on the Telecom Building Inspection Sheet, or on a mutually agreeable format within the CMMS system (with required pictures). Monthly reports shall be generated within the CMMS system with notification to the designated representative(s) upon creation.

- The Proposer (or subcontractor, if they choose) shall maintain all landscaping and perform weed control on the exterior of the building, within the confines of the security fence to ensure the neat, clean appearance of the facility.

- No payment shall be issued to Contractor without adequate and clear documentation of these activities per the Telecom Building Inspection Sheet.

- Subcontractor Provided Services by Proposer

- The Proposer shall contract with highly qualified, sufficiently capable and properly licensed vendors for the comprehensive facility maintenance activities relating to Fire Suppression, HVAC, UPS Systems, Backup Generator, Pest Control and any system components and equipment that require professional licenses/certifications issued by the State of Ohio to perform no less than quarterly inspections, maintenance and service to the systems in accordance with any and all manufacturer recommendations and generally accepted industry standard best practices.

- Service reports for all subcontracted maintenance activities shall be kept and shall be available for review at the building site. A sign in/out log shall be posted at the main entrance to the building to document anytime the awarded vendor or one of their representatives/contractors are on site performing maintenance activities.

Building Systems information:

- Fire Suppression/monitoring - HardFire

- UPS - EATON

- Generator - GENERAC

- HVAC - ComPac

Wherever the General and/or Standard Terms and Conditions conflict with the Fiber Restoration & Protection Agreement, the Fiber Restoration & Protection Agreement shall control.

Ill. EVALUATION CRITERIA OF SUBMITTED PROPOSALS

3.1 Mandatory Requirements

Mandatory Requirements Accept Reject

Offeror is prequalified to perform Work Type 55, explained in Section 3.2, with the Ohio Department of Transportation.

Offer has demonstrated full compliance with Appendix A - FIBER RESTORATION & PROTECTION AGREEMENT and attached an executed copy to their Proposal.

3.2 ODOT Work Type 55 Fiber Optic Cable Installation, Splicing, Termination & Testing - Traffic Signal System

Full Description This work type includes the installation, splicing, termination and performance testing of single mode and multimode fiber optic cable and related equipment necessary for the transmission of video, voice or data for outside plant applications. This work type includes fiber optic work associated with traffic signal projects.

Requirements In addition to the general skills requirement, the Contractor must demonstrate successful experience in the splicing of at least 200 single-mode and/or multimode fiber.

Does experience include?

The Contractor must furnish a Supervising Fiber Optic Technician (SFOT) who has successfully completed a comprehensive training course for inside or outside plant installation, splicing, termination, and performance testing of single mode and multimode fiber optic cable. The course must be a minimum of 32 hours total of instruction of which a minimum of 16 hours must be hands-on instruction. The Contractor must demonstrate that the course curriculum included, at a minimum, the following topics:

• Fiber optic theory and principles

• Fiber types

• Cable types

• Panels and enclosures

• Design

• Safety

• Inside and outside plant installation

• Cable preparation

• Connectors and connectorization

• Splicing and terminations

• OTDR and test equipment theory, setup, measurement, and documentation

• Restoration and repair

In addition, the SFOT must have a minimum of one (1) year of work experience in the installation, splicing, and termination of fiber optic cable and in the testing of fiber optic cable using an optical time domain reflectometer (OTDR) and a power meter as primary job responsibilities.

The Contractor's installers performing any type of fiber optic work shall have successfully completed a minimum 16 hours total of instruction of which a minimum of 8 hours must be hands-on instruction. The Contractor must demonstrate that the course curriculum included, at a minimum, the following topics:

• Fiber optic theory and principles

• Fiber types

• Cable types

• Safety

• Cable preparation

• Connectors and connectorization

• Splicing and terminations

• ODTR operation

• Restoration and repair

Detailed course curricula showing topics, total hours of instruction and hours of hands-on instruction along with a copy of a certificate of completion of the courses must be submitted for evaluation purposes.

Installation, splicing, termination and performance testing of single mode and multimode fiber optic cable and related equipment necessary for the transmission of video, voice or data for outside plant applications. This work type includes fiber optic work associated with traffic signal projects.

Demonstrate successful experience in the splicing of at least 200 single-mode and/or multimode fiber

3.3 Proposal Evaluation Criteria

Criterion

Weight

Rating (0=Does not Meet

5=Strong) Extended

Score

Project Concept

Explain in your own words the proposed work that is being requested and your firm's approach to the planning, organizing. and management of the proposed project.

Project Manager

Explain the Project Manager’s experience and history of performance on projects similar in scope, purpose, size, and location. List projects and client contacts (name, position, phone number, email address) of similar projects completed within the last five years.

Experience and Availability

Provide an organization chart of the key personnel who will be involved in this contract’s activities.

Include resumes of the individuals showing experience in similar projects, years of overall experience, and years with your firm. Indicate their availability for this project.

Facilities and Equipment

Explain the company’s facilities and equipment and how they will be utilized to perform the project tasks.

3.4 The Proposer shall provide itemized costs for each item outlined in Appendix A - FIBER

RESTORATION & PROTECTION AGREEMENT.

Cost points = (lowest Offeror's cost/Offeror's cost) x Maximum Available Cost Points as indicated in Table 2, "Scoring Breakdown". "Cost"= Maximum Cost identified in the Cost Summary section of Offeror Proposals. In this method, the lowest cost proposed will receive the Maximum Available Cost Points.

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State of Ohio, Department of Transportation (ODOT)

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

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

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/513pricing.xlsx

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

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

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

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

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

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INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 11/30/2020)

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

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

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

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

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

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

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

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

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

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

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

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

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx

In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address:

Contracts.Purchasing@dot.ohio.gov

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

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

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

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

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

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

9. PUBLIC BID OPENING PROCEDURE: Due to the current Covid-19 global pandemic, Public bid openings are suspended.

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

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

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

mailto:Contracts.Purchasing@dot.ohio.gov

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

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

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

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

The following requirements also apply to unit bid prices:

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

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

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

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

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

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

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

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

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

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

a) experience of the bidder;

b) bidder’s financial condition;

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

d) the bidder’s facilities;

e) the bidder’s management skills;

f) the bidder’s employees;

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

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

i) review of Federal and Department debarment lists;

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

k) current or impending legal actions against a bidder.

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

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

(2) Obvious incorrect discount factor; or

(3) Transcription error in Part Number.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

149.43 of the Ohio Revised Code. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of ODOT. To expedite and properly respond to such public records requests, a written request must be submitted to the Department.