523-24.pdf

Invitation No.: 523-24 Location: Statewide Commodity: LAW-7-2.17 Full Delivery Mitigation Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/523pricing.xlsx

Request For Proposal (RFP)

State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services

Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

September 14, 2023 at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

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

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

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

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

PROCUREMENT VIA THE FOLLOWING WEBSITE:

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

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

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

Zip files CANNOT be sent.

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

Invitation No. 523-24

SECTION I. GENERAL OVERVIEW

1.1 Project Overview

The Ohio Department of Transportation (ODOT) is seeking compensatory mitigation for stream impacts associated with the proposed LAW-7-2.17 (Phases 2A and 2B) project, PID 75923. This project will require a US Army Corps of Engineers Section (USACE) 404 Individual Permit and Ohio Environmental Protection Agency (OEPA) Individual Section 401 Water Quality Certification (WQC).

LAW-7-2.17 Project Overview

LAW-7-2.17 is part of the broader LAW-7-3.669 project (also known as the Chesapeake Bypass), a nine-mile, four-lane, limited access highway on new alignment around the Villages of Chesapeake and Proctorville and Rome Township in Lawrence County. Phases 1A and 1B, which extend east from SR 775 for approximately 4.7 miles, have been constructed and are open to traffic.

The proposed project (LAW-7-2.17) involves construction of the west half of the SR 7 relocation project from the existing SR 527/SR 7 interchange in Chesapeake east to the previously completed Phase 1 portion of the project at SR 775 in Proctorville. LAW-7-2.17 will be constructed in three phases. A two-lane/four-lane facility will be constructed initially (Phases 2A and 2B) with future buildout to a full four-lane facility (Phase 3).

Overview of Construction Phases 2A and 2B

Phase 2A involves clearing, grading, and draining the majority of the proposed LAW-7-2.17 highway corridor from Symmes Creek to just west of Little Paddy Creek. Phase 2B involves constructing the remaining embankment fills, drainage structures, and local road connections not constructed in Phase 2A, as well as the highway pavement and bridges, and the SR 775 and SR 527 interchanges.

Construction Schedule

Phase 2A construction is scheduled to begin in February 2025 and end in October 2026. ODOT will request Individual 404 and 401 authorizations for Phases 2A and 2B together under a 10-year permit.

1.2. Secured Mitigation

The LAW-7-2.17 project will impact 19,400 linear feet of stream, requiring over 37,000 stream mitigation credits. ODOT has secured all the currently available 19,944 credits of stream mitigation from The Nature Conservancy’s (TNC’s) in-lieu fee (ILF) program in the Raccoon-Symmes Creek Watershed (HUC 05090101). Wetland mitigation will also be accomplished using ODOT-secured wetland credits from TNC’s ILF program, along with existing wetland mitigation credits from Phase 1 of the Chesapeake Bypass Project.

SECTION II. SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

2.1 Scope of Work

The Proposer shall provide, at minimum, 17,400 stream mitigation credits to satisfy Clean Water Act Section 404 and 401 requirements for the LAW-7-2.17 project.

A. The stream credits required are based on the 2016 Guidelines for Stream Mitigation Banking and In- Lieu Fee Programs in Ohio, Version 1.1.

B. The proposer shall provide a Conceptual Stream Mitigation Plan describing how the stream mitigation credits will be secured.

1. The Conceptual Stream Mitigation plan shall be based on the requirements of the USEPA/USACE 2008 Mitigation Rule and guidance in the 2016 Guidelines for Stream Mitigation Banking and In- Lieu Programs in Ohio, Version 1.1.

2. Mitigation shall occur in Raccoon-Symmes Creek Watershed (HUC 05090101).

C. The Proposer may use ILF credits, bank credits, permittee-responsible mitigation (PRM), or any combination of these methods to satisfy the required stream mitigation.

1. Bank or ILF credits must be IRT approved and available for sale at the time of bid.

2. For PRM, the stream mitigation must achieve Class 2 and 3 headwaters, Warmwater Habitat, Exceptional Warmwater Habitat, and/or Coldwater Habitat streams.

3. PRM shall include locating, assessing, design tasks, restoration construction, environmental investigations, environmental documentation, real estate processes including acquisition services, monitoring, adaptive management, repair, and long-term protection and management of the lands procured under this agreement with interest held by a third party.

4. All rights and ownership to all types of mitigation credits, intentional or unintentional, developed and funded by this contract will be retained by ODOT.

D. The Proposer shall adhere to all applicable guidelines and Federal and State Regulations and Laws, including but not limited to all laws and regulations related to real property rights, fair wages, discrimination, and those governed by the United States Army Corps of Engineers, Ohio Environmental Protection Agency, United States Fish and Wildlife Service, Ohio Department of Natural Resources, United States Coast Guard, Federal Emergency Management Agency, federal and local floodplain requirements, and the National Park Service.

E. The Proposer shall perform the services at the direction of the Administrator of ODOT’s Office of

Environmental Services, the Assistant Environmental Administrator of the Ecological/Waterway Permits/RMR Section in ODOT’s Office of Environmental Services and/or their designee.

F. All work shall be performed on an actual cost basis. The Proposer shall maintain a project cost accounting system that will segregate costs for the tasks/activities/products detailed in the table in Section 2.2.

G. ODOT shall select one Proposer (or joint venture, if applicable) from the proposals received.

H. Cost Not to Exceed: The Proposer shall provide contracted services for an amount not to exceed

$5,046,000 million but the amount can be less.

I. Duration of Contract: For proposals that only include mitigation bank/ILF stream credit delivery, the duration of the contract shall extend until all required credits are successfully procured, and credit delivery agreements/payment vouchers are delivered to, and approved by, the USACE and Ohio EPA.

For proposals that include PRM, entirely or in part, the duration of the contract shall be from the date the agreement is signed until the release of mitigation obligations from the USACE and Ohio EPA. Long term management and preservation of property will extend indefinitely.

2.2 Schedule

The Proposer shall provide a schedule of work that, at minimum, meets the key milestone dates in the table below. Failure to meet the schedule requirements will render a proposal non-responsive and ineligible for award.

Task(s)/Deliverable(s)* Responsible

Party Completion/ Action Date

Percent Pay

Proposal deadline ODOT 9/14/23 N/A

Scoring and selection of proposals ODOT 9/29/23 N/A

Project awarded ODOT 10/6/23 N/A

Kick-off Meeting ODOT 10/11/23 N/A

Draft Final Stream Mitigation Plan Vendor 1/26/24 10%

Final Stream Mitigation Plan Vendor 3/29/24 5%

Estimated agency approval of stream mitigation plan & LAW-7-

2.17 waterway permits

ODOT 10/29/24 N/A

Implementation of stream mitigation project, including land acquisition, construction, and draft long-term protection instrument

Vendor Within 6 months of LAW-7-2.17 permit approvals

50%

1st Year monitoring, adaptive management & annual report

Vendor November 15, 5%

2nd year monitoring, adaptive management & annual report

Vendor November 15, 5%

3rd year monitoring, adaptive management & annual Report

Vendor November 15, 5%

4th year monitoring, adaptive Vendor November 15, 5%

Task(s)/Deliverable(s)* Responsible

Party Completion/ Action Date

Percent Pay management & annual Report 2029

5th year monitoring, adaptive management & annual report

Vendor November 15, 5%

Recording of legal protection instrument

Vendor June 30, 2031 5%

Approval & release of mitigation obligations from the agencies

Vendor November 30, 5%

*Status meetings will occur throughout the project as needed, including meetings with agencies and field site visits.

2.3 Technical Proposal Specifications

Proposal content will become the contract once a Proposer is selected and the project is awarded. Proposals may include information in addition to the requirements listed below.

A. Proposal Length and Composition

The proposal shall be no more than 35 pages, 11-point font (minimum). A front page and signature page, as provided by the Office of Contracts, is required. Failure to meet proposal length and composition requirements will render a proposal non-responsive and ineligible for award.

B. Project Approach

A Project Approach shall be included describing the Proposer’s Conceptual Stream Mitigation Plan for delivering the required stream mitigation credits in accordance with the conditions outlined in this RFP. The Project Approach should also include:

1. Implementation/Management Plan: The Proposer shall include a statement of the Proposer’s understanding of the scope and capabilities to perform the requirements of the RFP, along with a narrative of how the Proposer intends to implement and manage each of the tasks set forth in this RFP. Provide a technical description of the methodology anticipated in the performance of the services described above. Other innovative and creative approaches to accomplish the goals of the RFP will be given consideration and should also be included in this section.

2. Overall Added Value to ODOT: The Proposer should identify any additional cost-effective features, functions, or services that add value above and beyond the scope of work, including any Exceptions/Deviations (from Section 2.3.E) that would provide a benefit to ODOT. For example, the amount and/or quality of the mitigation provided that exceeds what is listed in the RFP, magnitude of ecological lift provided, and other added values such as ecological connectivity, expansion of existing natural areas, potential for wetland formation in floodplains, creation or enhancement of state or federally listed species habitat, and proximity to the LAW-7-

2.17 project, will be considered during proposal evaluation.

C. Financial Information (not included in 35-page proposal limit)

1. References (Financial Related): Proposer must provide at least three business references for all organizations that will be principally involved in providing the services requested by this RFP.

References may be called upon to discuss such matters related to financial strength, stability, credit history and general business reputation. Include the name of the organization as well as the name, address and telephone number of a contact person.

2. Financial Plan: Proposer must demonstrate its ability to finance or obtain financing from credible sources to undertake and successfully complete the planning, implementation, operation, and management of this agreement. If Proposer intends to finance any portion of the project through a lender, the response should indicate the potential lender and expected terms and conditions.

3. Financial Statements (all participating companies): Proposer shall furnish complete audited or reviewed financial statements for the two most recent operating years, including 10K statements, if prepared. Financial statements should include income statements, balance sheets and cash flow statements, along with accompanying notes. This information is required for each participant company comprising the principal organization. Companies should also furnish a review of the operations of the business for the two most recent operating years or annual reports to owners or stockholders. ODOT recognizes the sensitive nature of the financial information requested. Such information will be used solely by ODOT for the purpose of evaluation and will be kept confidential to the extent allowed by Ohio law.

Failure to provide financial information will render a proposal non-responsive and ineligible for award.

D. Legal Actions (not included in the 35-page proposal limit)

1. Proposer must list a brief description of all legal actions for the past three (3) years in which any participating company has been involved, including but not limited to:

a. A debtor in bankruptcy; or

b. Circumstances surrounding any contract defaults; or

c. A defendant in a lawsuit for deficient performance under a contract; or

d. A respondent in an administrative action for deficient performance on a project; or

e. A defendant in a criminal action; or

f. A principal in any action taken against an insurance or bonding company.

Failure to provide legal action information will render a proposal non-responsive and ineligible for award.

E. Exceptions/Deviations (not included in the 35-page proposal limit)

1. Proposers shall make apparent in their submitted proposal any exceptions and/or deviations to any of the content included in this RFP.

2. An exception to specific items or provisions of this RFP implies that the Proposer cannot or does not intend to meet the requirements of that item or provision. An alternative to that item or provision shall be included in the proposal and the impact, if any, of the exception shall be reflected in proposal pricing considerations. Proposers are advised that their proposals may be rejected as non-responsive upon consideration of the exceptions taken.

3. A deviation from a specific item or provision in this RFP is a suggested change that, in the Proposer’s opinion, would enhance its ability to perform the work and/or would provide a benefit to ODOT. Each proposed deviation shall be noted in the appropriate section of the proposal and shall adequately and concisely describe its advantages and/or reasons for proposal.

F. Signature Page and Addenda (not included in the 35-page proposal limit)

Proposers shall submit with their completed proposals a signed signature page, as provided by the Office of Contracts, as well as any addenda issued. Failure to submit a completed signature page shall render a proposal non-responsive and ineligible for award.

SECTION III. PROPOSER QUALIFICATIONS AND EXPERIENCE

3.1 Mandatory Requirements: Proposers MUST meet, at minimum, ALL of the following qualification requirements:

A. Demonstrate a minimum of five (5) years in the stream mitigation industry.

B. Experience constructing stream mitigation using all techniques and methods available (restoration, preservation, enhancement, and creation).

C. Experience monitoring stream mitigation sites and providing annual reports for USACE and OEPA approval.

D. Experience with long-term management and protection of natural areas.

Proposers who do not meet ALL the above experience and qualifications will be disqualified from further consideration for contract award.

3.2 Organizational Structure, Experience and Capabilities

A. Past Performance and Experience: Proposer must demonstrate experience in developing, implementing, and managing the stream mitigation services for publicly or privately-owned companies or other state or federal agencies. For projects of a comparable nature, provide examples of projects that may include any of the following:

1. Examples of implementing similar type services, either public or private.

2. Examples of successful project completion emphasizing the ability to meet project outcomes and deadlines.

B. Staff Experience and Capabilities: Proposers must demonstrate significant expertise by assigning staff to key leadership roles. Proposals must include, at minimum:

1. Experience in conducting at least three (3) stream mitigation projects within the past 15 years that demonstrates coordination, approval, and release of stream mitigation projects from the USACE and OEPA.

a. Proposer must provide at least three (3) references for the project managers of the previously completed, approved, and released stream mitigation projects. Include the name of the organization as well as the project manager’s name(s) and contact information.

2. A team comprised of individuals with backgrounds in biology, restoration ecology, environmental science, environmental engineering, hydrology, geology, or applicable science and engineering related coursework.

3. Team experience in delineating Waters of the United States and Waters of the State, and experience and knowledge of ODOT’s NEPA process.

4. Name(s) of any subcontractor(s) that will be involved in working with the Proposer, and their experience/qualifications.

5. If Proposer has ODOT pre-qualified staff, identify specific individuals and areas of pre-qualification.

B. Organizational Structure: ODOT desires to understand the ownership and organizational structure of the principal organization pertinent to this opportunity, and gain insight into the proposed business operation. The organizational structure must be described, identifying the entity that would enter as the Proposer into any contract with ODOT. An organizational chart should be developed in sufficient detail to indicate a chain of executive authority from the president or comparable chief executive down through the person who will be directly responsible for project delivery and contract adherence. Identify the individuals occupying the positions shown and state the length of experience of officers and key executives in their respective fields as presented in the organizational chart.

Resumes are to be included for those principals and key personnel who will be assigned and involved in managing, directing, or supervising the work as presently contemplated.

C. Organizational Staffing Plan: Proposers must identify each individual of the team, their role/responsibilities, and the percentage of time that each person would be assigned to each major task in the Scope of Services. The Proposer must provide the name and résumé of each individual that will be working on the requirements of the RFP. Designate the individual who will be committed to ensuring performance of all tasks under the prospective contract (Project Manager). Provide a résumé and contact information for the Project Manager. Please provide a staffing plan that lists professionals who will be given key responsibilities in fulfilling the requirements of the requested services. Provide resumes/curriculum vitae for key staff that describe appropriate education, experience and expertise needed for the project. Each résumé must identify each employee with the years of service, educational background, the duties and responsibilities for that employee, and a phone number.

D. Proposers must possess the necessary credentials to conduct business in Ohio. Proposers with out-of-state headquarters or corporations not incorporated in Ohio must include with their proposal a copy of their registration to do business in Ohio. If the project will be conducted under a joint venture arrangement, each party to the venture must be identified and the roles that each will have in the development and/or operation must be described. Letters of agreement to participate in the joint venture as well as the percentage of participation must be submitted from each of the joint venture partners.

E. If the Proposer is a State of Ohio Minority Business Enterprise (MBE) or Encouraging Diversity, Growth and Equity (EDGE) vendor, provide a copy of that current certification from the certifying agency.

Sensitive Personal Information: It is the sole responsibility of the Proposer to remove all personal confidential information (such as home addresses and social security numbers) of Proposer staff and/or of any subcontractor and subcontractor staff from resumes or any other part of the proposal package. Following submission to ODOT, all proposals submitted may become part of the public record. ODOT reserves the right to disqualify any Proposer whose proposal is found to contain such prohibited personal information.

PROPOSAL SUBMISSION REQUIREMENTS

A. Delivery of Documents

Emailed submissions for this Request for Proposal will be received until 1:00PM eastern time on September 14, 2023 to the following email address:

contracts.purchasing@dot.ohio.gov Required for Submittal:

• Completed Front Page (Separate Attachment)

• Completed Signature Page (Separate Attachment)

• An electronic Cost Proposal (Separate Attachment)

No proposals will be accepted after the date and time specified above. No hardcopy proposals will be accepted. ODOT reserves the right to reject any and all proposals or may cancel or withdraw the RFP at any time during the bidding process. Timely receipt of proposals will be determined by the date and time the emailed proposal is received by the Office of Contracts. Receipt of proposals by any other mechanism other than email delivery to the Office of Contracts shall not be considered timely.

All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until Successful Proposer(s) are selected after Phase II at which time all submitted information becomes part of the public record.

B. Pre-Proposal Inquires

Pre-proposal questions must be received no later than the close of business on the Thursday before the bids are due.

All pre-proposal inquiries must have the following: Name of the Sender, Contractor or Company Name, Phone Number, Project Number, Letting Date, a detailed description of the question.

Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions.

Department responses will be posted to the following website:

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

Proposal Inquiries may be submitted at this link:

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx

Based upon the content of any received questions/clarifications, proposal requirements may, solely at the discretion of ODOT, be modified, changed or deleted. Any such changes to this RFP will be communicated by addendum and published to the ODOT website at the following URL:

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

An addendum to the RFP being issued is dependent upon the information received and the impact on the competitive bidding process.

C. Cost Proposal

The Proposer shall submit a SEPARATE Cost Proposal in the emailed response. Any proposal in which this Cost Proposal is not included as a SEPARATE attachment will be considered non-responsive and the proposal will be rejected. The Proposer’s completed Cost Proposal shall become a part of the contract upon award of the contract.

The Cost Proposal shall be submitted in the Excel format.

PROPOSAL RESPONSE

The RFP response must contain information on how the Proposer intends to perform the services outlined in the RFP. Omission of required information may render a Proposer ineligible, and incomplete responses may result in the loss of points. The selected Proposer will become the Vendor of record with ODOT.

Technical Proposal Score Sheet

Scoring of Technical Proposal

Technical Proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the score sheet, reviewers will collectively judge whether the technical proposal does not meet, partially meets, meets, or exceeds each criterion, and assign the appropriate point value. The scoring is by consensus and one official score sheet will be completed for each technical proposal that is scored.

Criteria for Considering the Cost Proposal

The cost proposal will be reviewed by the PRT. The grand total of the Proposer’s cost proposal will be divided by that vendor’s final technical proposal score. This compares the cost with the quality of the technical proposal, which will provide an average cost-per-quality point earned on the technical proposal.

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

ODOT may, at its sole discretion, negotiate with all technically qualifying Proposers for a revised cost proposal. Proposers may then: 1) Submit one last and best offer; 2) Request that ODOT view its original cost proposal as its last and best offer; or 3) May formally withdraw from further consideration. The

Proposer shall formally indicate its choice according to directions provided by ODOT at that time. Upon receipt of all last and best offers, ODOT will then consider those Proposers’ revised cost proposals.

PHASE I: Initial Qualifying Criteria

The proposal must meet all of the following Phase I proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to any of the following qualifying criteria shall be disqualified from consideration.

ITEM

# PROPOSAL ACCEPTANCE CRITERIA YES NO

1 Was the proposal received by the deadline as specified in the RFP?

Did the Proposer submit a proposal comprised of a Technical Proposal and SEPARATE front page, signature page, and Cost Proposal?

Does the Technical Proposal meet the length and composition requirements outlined in Section 2?

Does the Proposer’s schedule adhere to the requirements outlined in Section 2?

Does the Technical Proposal include the Financial and Legal Action information requirements outlined in Section 2?

Does the Proposer meet the minimum qualification criteria outlined in Section 3?

PHASE II: Criteria for Scoring of Technical Proposal

Qualifying technical proposals will be collectively scored by the PRT appointed by ODOT. For each of the evaluation criteria given in the following score sheet, reviewers will collectively judge whether the technical proposal exceeds, meets, partially meets or does not meet the requirements expressed in the RFP, and assign the appropriate point value, as follows:

0 6 8 10 Does Not Meet Requirement

Partially Meets Requirement

Meets Requirement

Exceeds Requirement

Technical Performance Scoring Definitions:

“Does Not Meet Requirement”- A particular RFP requirement was not addressed in the proposal, Score:

“Partially Meets Requirement”- Proposal demonstrates some attempt at meeting a particular RFP requirement, but that attempt falls below acceptable level, Score: 6

“Meets Requirement”- Proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 8

“Exceeds Requirement”- Proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 10

A technical proposal’s total PHASE II score will be the sum of the point value for all the evaluation criteria. The review team will collectively score each individual qualifying proposal. Technical proposals which do not meet or exceed a total score of at least 154 points (a score which represents that the selected Proposer has the capability to successfully perform the project/program services) out of a maximum of 220 points, will be disqualified from further consideration, and its cost proposal will neither be opened nor considered. Only those Proposers whose Technical Proposals meet or exceed the minimum required technical points on the technical proposal score sheet will advance to PHASE III for consideration and selection.

ITEM

# EVALUATION CRITERIA

Weighting

Doesn’t Meet

Partially Meets

Meets

SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

PROJECT APPROACH

The proposer provided a Project Approach that addresses the scope of work requirements.

The proposer’s Project Approach provides added value to ODOT, this would include the benefits of any proposed Exceptions/Deviations.

ITEM

# EVALUATION CRITERIA

Weighting

Doesn’t Meet

Partially Meets

Meets

ORGANIZATIONAL EXPERIENCE AND CAPABILITIES

The proposer has demonstrated experience in conducting at least three (3) stream mitigation projects within the past 15 years that demonstrates coordination, approval, and release of stream mitigation projects from the USACE and OEPA. The proposer has included names and contact information for project managers of previously approved stream mitigation projects.

The proposer’s team is comprised of individuals with applicable science and engineering backgrounds/coursework, and resumes/curriculum vitae are included for those key staff that describe appropriate education, experience and expertise needed for the project.

The proposer has identified staff, by name, position, and role/responsibility, who are considered key to the project/program’s success, including the name(s) of any subcontractor(s) that will be involved in working with the proposer, and their experience/qualifications.

Additional considerations including, but not limited to, MBE/EDGE vendor, utilization of ODOT-prequalified staff, and demonstration of knowledge of ODOT’s NEPA process.

Column Subtotal of "Partially Meets" points

Column Subtotal of "Meets" points

Column Subtotal of "Exceeds" points

GRAND TOTAL SCORE:

Based upon the Grand Total Technical Score earned, does the Proposer’s submittal meet or exceed the minimum Technical score of 154 points?

Yes__________ No_____________

(If “No” Proposer’s Cost Proposal will NOT be opened)

Phase III: Cost Per Quality Point

Proposer Total Submitted Cost: ___________ / Grand Total Technical Score: ___________

Cost per Quality Point: _______________

The Technical Proposal with the lowest Cost per Quality Point will be recommended for award of the contract.

If ODOT finds that one or more Proposals should be given further consideration, ODOT may select one or more of the highest-ranking Proposals to move to the next phase. ODOT may alternatively choose to bypass any or all subsequent phases and make an award based solely on the Proposal evaluation phase.

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

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

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

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/523pricing.xlsx

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

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

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

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

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

(the remainder of this page has been left intentionally blank) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/523pricing.xlsx

Office of Contract Sales, Purchasing Services

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 06/13/2023)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contracts.Purchasing@dot.ohio.gov

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The following requirements also apply to unit bid prices:

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

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

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

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

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

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

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

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

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

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

a) experience of the bidder;

b) bidder’s financial condition;

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

d) the bidder’s facilities;

e) the bidder’s management skills;

f) the bidder’s employees;

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

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

i) review of Federal and Department debarment lists;

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

k) current or impending legal actions against a bidder.

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

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

(2) Obvious incorrect discount factor; or

(3) Transcription error in Part Number.

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

20. PRODUCT SAMPLES: The…