530-20.pdf

Invitation No.: 530-20 Location: Walhonding River, Lower Maumee and Grand Commodity: Inter-Agency Review Team-approved Category 3 wetland mitigation credits Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/530pricing.xls

Request For Proposal (RFP)

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

Jack Marchbanks, Ph. D., Director

Proposals Submission Deadline (Opening Date):

February 11, 2019 at 2:00 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:

Ohio Department of Transportation Office of Contract Sales, Purchasing Services, 1st floor 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223

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

REQUEST FOR PROPOSAL VIA THE FOLLOWING WEBSITE:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.aspx

Contents

SECTION I. GENERAL OVERVIEW

SECTION II. SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

SECTION III. VENDOR QUALIFICATIONS AND EXPERIENCE

Technical Proposal Score Sheet

State of Ohio, Department of Transportation (ODOT)

Terms and Conditions for Submitting Excel Pricing File in Bid Package

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

GENERAL DEFINITIONS

STANDARD CONTRACT TERMS AND CONDITIONS

SIGNATURE PAGE

SECTION I. GENERAL OVERVIEW

1.1 Overview

The Ohio Department of Transportation (ODOT) Office of Environmental Services (OES) is issuing this Request for Proposal (RFP) to solicit for proposers to provide Inter-Agency Review

Team (IRT)-approved Category 3 wetland mitigation credits. The intent of this RFP is for the

Proposer to provide full delivery mitigation services to satisfy mitigation requirements under

Clean Water Act Section 404 and 401, and the Ohio Isolated Wetlands Law for ODOT’s proposed impacts that require Category 3 wetland mitigation. The successful Proposer will be required to perform full-delivery of wetland mitigation services including locating, assessing, environmental investigations and reporting, environmental documentation, environmental permitting, real estate processes including acquisition services, design tasks, restoration and construction, monitoring, IRT approval, adaptive management, repair, and long-term protection and management of the land and credits provided under the resulting agreement. The

Category 3 wetland mitigation credits must be IRT-approved per IRT approval process. Once a proposal has been selected, the Proposer and ODOT will work together to develop a project-specific contract.

The Proposer shall also adhere to all applicable guidelines and Federal and State Regulations and Laws, including but not limited to all laws and regulations 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, and the National Parks Service.

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.

For the above Scope of Services, the following will apply:

• All work shall be performed on an actual cost basis. The consultant shall maintain a project cost accounting system that will segregate costs for credit delivery as detailed below.

• The duration of the contract will be eleven (11) years from the date the resulting agreement is signed. Long term management and preservation of property will extend indefinitely.

• ODOT shall select one Proposer (or joint venture, if applicable) from the proposals received. Following selection, the Proposer will provide the contracted services under that agreement for an amount not exceed $1,200,000.

SECTION II. SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

Any content received in a proposal shall, at the discretion of ODOT, be included in the final contract with the selected Proposer. Proposals may include information in addition to the requirements listed below.

Proposal Length:

The proposal should be no more than 25 pages (8.5” x 11”), 12-point font (minimum), with two-sided printing. Up to 10 pages can be 11”x17” for figures and will count towards the 25-page limit. A title page should at a minimum indicate the RFP number and name, Proposer organization name, date, and project manager contact information.

Proposers are required to include in their completed proposal packages:

1. (1) Original copy of the Proposal with original signature page and any issued addenda

(must be clearly marked as the original)

2. (6) Copies of the Proposal for Scoring Committee members (must be clearly marked as copies somewhere on the cover)

3. (1) Electronic copy of the Proposal (.pdf format)

4. (1) Electronic, redacted copy of the Proposal that has removed any proprietary information and/or trade secrets. The ODOT shall not be held responsible for information released to any party when providing this redacted file in accordance with

Ohio Public Records Laws. (.pdf format)

NOTE: For ease of evaluation, all Proposals should be compiled and formatted as to clearly outline EACH of the following eight (8) sections below. The use of tabs is required to clearly outline each one of the nine sections of your Proposal.

Proposers must provide, at a minimum, the following sections within their submitted project proposals:

1. Project Approach

a. Proposed approach to delivering IRT-Approved Category 3 Wetland Mitigation Credits.

b. Past Performance and Experience: Describe Proposer’s experience in providing similar services to publicly or privately-owned companies or other state or federal agencies. For projects of a comparable nature, provide examples of projects in progress or completed since 2000 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.

c. Proposer must demonstrate experience in managing, developing and operating the type and style of services that are outlined herein. The qualifications and experience of

Proposer’s key personnel must be described. The following information must be presented for all key personnel according to their respective roles in the project:

1. Resume/CV

2. Relevant Experience

3. Experience providing wetland mitigation services

4. Experience and past performance in implementing, managing and/or operating wetland mitigation full delivery services

5. Availability and commitment to work on this service

2. References (Contract Related)

Proposer must provide at least three references for the project team that may be called upon to obtain first-hand information to assist ODOT in its evaluation. Include the name of the organization as well as the name, address, e-mail address, and telephone number of a contact person.

3. Organizational Structure

a. Description of Organization: ODOT desires to understand the ownership and organizational structure of the principal organization pertinent to this opportunity, and also gain an 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.

b. Proposer 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.

4. Schedule

a. Proposer shall provide a schedule of work based off the Ohio Interagency Review Team

(IRT) Guidelines for Wetland Mitigation Banking and In-Lieu Fee Programs in Ohio

(Version 2.0 or most recent), “Mitigation Guidelines”

i. Specifically, the schedule must include a tiered release of wetland credits

(see Mitigation Guidelines, Section 10: Credit Release Schedule, https://www.lrh.usace.army.mil/Portals/38/Users/007/87/1287/OH%20Wetland%20Guid eline%20Mit%20Bank%20Inlieu%202.0.pdf?ver=2019-06-12-125512-657)

b. By 2025 a percentage of Category 3 credits must be available for use.

c. By 2031 all proposed credits must be available for use.

5. Financial Information (not included in the 25-page proposal limit)

a. 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 Request for Proposal. 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.

b. 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.

c. 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.

6. Legal Actions (not included in the 25-page proposal limit)

a. 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:

1. A debtor in bankruptcy; or

2. Circumstances surrounding any contract defaults; or

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

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

or

5. A defendant in a criminal action; or

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

7. Exceptions/Deviations (not included in the 25-page proposal limit)

a. Proposers shall make apparent in their submitted proposal any exceptions and/or deviations to any of the content included in this Request for Proposal. Any exceptions or deviations taken must contain sufficient amplification and justification to permit evaluation.

b. 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.

c. 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.

8. Signature Page and Addenda (not included in the 25-page proposal limit)

a. Proposers shall submit with their completed proposals a signed signature page as well as a hard copy of any addenda issued. Failure to submit an executed signature page and any issued addenda shall render a proposal non-responsive and ineligible for award.

b. There shall be no exceptions given to this requirement.

2.2 Specifications of Deliverables

• Mitigation credit must occur within these 8-digit Hydrologic Unit Codes (HUC):

Walhonding River (05040003) Lower Maumee (04100009), and Grand (04110004).

• Provide the maximum number of IRT-approved Category 3 forested trajectory wetland credits.

• Provide a minimum of 15 credits of IRT-approved wetland mitigation

(reestablishment (restoration) or establishment (creation) as defined in OAC 3745-1-

54.

• Of the 15 credits of IRT-approved wetland mitigation, 8 credits at a minimum must be of IRT-approved Category 3 forested trajectory wetland mitigation

(reestablishment (restoration) or establishment (creation) as defined in OAC 3745-1-

54.

• No Category 1 wetland should be proposed, nor will it be accepted.

SECTION III. VENDOR QUALIFICATIONS AND EXPERIENCE

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

• Vendor must demonstrate that they have prior experience receiving IRT-approved category 3 wetland mitigation credit for a project.

• Vendor must be able to adhere to the schedule and release of mitigation credits as per the Schedule in Section 4 above.

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

3.2 Organizational Experience and Capabilities – vendors will be evaluated based on the following:

• Experience in conducting at least two similar types of projects/programs within the past 10 years that demonstrate expertise in mitigation, specifically IRT-approved wetland credit

• Name and contact information for leaders of those projects/programs

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

3.3 Staff Experience and Capabilities – proposals should demonstrate significant expertise by assigning staff to key leadership roles. Proposals must include, at minimum:

• Must have a team comprised of individuals with backgrounds in biology, ecology, environmental science, environmental engineering, hydrology, geology, or applicable science and engineering related coursework.

• Identified staff, by name and position, who are considered key to the project/program’s success

• Resumes/curriculum vitae of those key staff that describe appropriate education, experience and expertise needed for the project/program

Sensitive Personal Information: It is the sole responsibility of the vendor submitting a proposal to remove all personal confidential information (such as home addresses and social security numbers) of vendor 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 vendor whose proposal is found to contain such prohibited personal information.

Proposal Submission Requirements

A. Delivery of Documents

Sealed submissions for this Request for Proposal will be received until 2:00PM eastern time on February 11, 2020 at the following location:

Ohio Department of Transportation Office of Contracts, Purchasing Services 1980 W. Broad Street – Mail Stop 4110

The submitted materials shall be properly labeled on the outside of the envelope with the following specifics. If the materials do not contain the following listings, ODOT may reject the proposal:

Required for Submittal:

One (1) signed original Five (4) copies of the Proposal An electronic PDF of the Proposal

No proposals will be accepted after the date and time specified on this page. No facsimile or email transmissions will be accepted. ODOT reserves the right to reject any and all proposals.

Timely receipt of proposals will be determined by the date and time the proposal is received (date stamped) in the Office of Contracts. Receipt of proposals by any other mechanism other than delivery to the Office of Contracts shall not be considered timely. Hand delivery is encouraged to assure timely receipt. Proposals received after the deadline will be stamped for time and date and returned unopened.

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 Round 2 at which time all submitted information becomes part of the public record.

B. Inquires

Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process.

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:

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

Proposal Response

The RFP Proposal 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. The State of Ohio is not responsible for legal agreements.

Proposers must submit a response for the following areas:

A. Implementation/Management Plan/Work Plan

B. Organizational Structure/Staffing Plan

C. Cost Proposal (submitted SEPARATELY AND SEALED)

D. Signature Page

Implementation/Management Plan

The Proposer shall submit a statement of the Proposer’s understanding of the scope and his/her/their 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 good innovative and creative approaches to accomplish the goals of the contract will be given consideration and should also be included in this section.

A. Organizational Structure

The Proposer must provide the names and résumés of each individual that will be working on 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 the list any other professionals who will be given key responsibilities in fulfilling the requirements necessary to perform the services.

Provide supporting documentation, such as a résumé, for each individual summarizing their experience on similar assignments or projects. Each résumé must identify each employee with the years of service, educational background, the duties and responsibilities for that employer, and a phone number for a contact person. Identify each individual and the percent of time that each person would be assigned to each major task in the Scope of Services.

B. Cost Proposal

The Proposer shall submit a SEPARATELY SEALED Cost Proposal as part of the Proposal Package. Any proposal in which this Cost Proposal is not included 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. Cost shall not exceed 1.2 million dollars.

The Cost Proposal shall be submitted in the Excel format, as well as printed hard copies.

C. Signature Page

An original, signed Signature Page must be included with a proposer’s response to this RFP.

Submitted proposals not containing a signed signature page will be rejected and deemed non-responsive.

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 vendor’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.

ODOT may, at its sole discretion, negotiate with all technically qualifying vendors for a revised cost proposal. Vendors 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 vendor 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 vendors’ 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 vendor’s proposal received by the deadline as specified in the RFP?

Did the vendor submit a proposal comprised of a Technical Proposal and, in a separate, appropriately labeled, sealed envelope, a Cost Proposal?

Does the vendor demonstrate they have prior experience receiving IRT-approved category 3 wetland mitigation credit?

Does the Vendor’s proposed schedule adhere to the schedule and release of mitigation credits as per the Schedule in Section 4?

PHASE II: Criteria for Scoring of Technical Proposal

Qualifying technical proposals will be collectively scored by a Proposal Review Team (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 vendor’s proposal, Score: 0

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

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

“Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODJFS 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 484 points (a score which represents that the selected vendor has the capability to successfully perform the project/program services) out of a maximum of 628 points, will be disqualified from further consideration, and its cost proposal will neither be opened nor considered.

Only those vendors whose Technical Proposals meet or exceed the minimum required technical points will advance to PHASE III of the technical proposal score sheet.

EVALUATION CRITERIA Weighting Doesn’t Meet

Partially Meets

Meets

SCOPE OF WORK & SPECIFICATIONS OF

DELIVERABLES

PROPOSED WORK PLAN – Vendors Proposed Work Plan should fully address each section listed in the Scope of Work section. For complete explanation of the sections see Section II above.

1 The vendor has fully addressed the Project Approach. 5

2 The vendor has included contract related References. 4

3 The vendor has fully addressed the Organizational Structure. 3

4 The vendor has included their proposed Schedule. 5

5 The vendor has included their Financial Information. 3

6 The vendor has included information on any Legal Actions. 2

7 The vendor has included any Exceptions/Deviations. 2

The vendor has included a completed Signature Page and any issued Addenda.

The proposed Work Plan shows that the mitigation credits occur within the 8-digit Hydrologic Unit Codes, as outlined in section 2.2

The proposed Work Plan provides the maximum number of IRT-approved Category 3 forested trajectory wetland credits.

The proposed Work Plan provides a minimum of 15 credits of IRT-approved wetland mitigation (reestablishment (restoration) or establishment (creation) as defined in OAC 3745-1-54.

The proposed Work Plan shows that 8 credits, at a minimum, must be of IRT-approved Category 3 forested trajectory wetland mitigation (reestablishment (restoration) or establishment (creation) as defined in OAC 3745-1-54.

EVALUATION CRITERIA Weighting Doesn’t Meet

Partially Meets

Meets

Organizational Experience and Capabilities

The proposal demonstrates experience in conducting at least two similar types of projects/programs within the past 10 years that demonstrate expertise in mitigation, specifically IRT-approved wetland credit?

The vendor has included names and contact information for leaders of those projects/programs?

The vendor has included name(s) of any subcontractor(s) that will be involved in working with the vendor, and their experience/qualifications?

The vendor has proposed a team comprised of individuals with backgrounds in biology, ecology, environmental science, environmental engineering, hydrology, geology, or applicable science and engineering related coursework?

The vendor has identified staff, by name and position, who are considered key to the project/program’s success?

The vendor has included resumes/curriculum vitae of those key staff that describe appropriate education, experience and expertise needed for the project/program?

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 vendor’s proposal meet or exceed the minimum Technical score of 484 points?

Yes__________ No_____________ (If “No” vendor’s Cost Proposal will NOT be opened)

Cost Per Quality Point

Vendors 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.

State of Ohio, Department of Transportation (ODOT)

Terms and Conditions for Submitting Excel Pricing File in Bid Package (Last Revised 02/2019)

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

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/530pricing.xls

2. SUBMISSION OF EXCEL PRICING FILE: Bidders should submit both a media device with the completed electronic Excel pricing file (.xls) and a hard copy print out of the completed Excel file in their submitted bid package. The media device should be marked with the bidder’s name and the Request For Proposal number.

“Media Device”- Compact Disc (CD), DVD (Digital Versatile Disc), or Flash Drive

Failure to submit this media device with a completed Excel price sheet from the Department’s Microsoft Excel file and the hard copy print out of the completed Excel price sheet may result in a bid being deemed non-responsive by the Department.

3. DISCPREPANCIES IN SUBMITTED INFORMATION: In the event there is a discrepancy between the information submitted on the media device and the hard copy Excel price sheet, the information submitted on the media device will take precedence.

4. NON-FUNCTIONAL MEDIA DEVICE: The Department shall not be held liable in the event a bidder’s media device is not functional, is broken, or is unable to be accessed/downloaded by the Department for any reason. Bidders should take care to ensure all submitted media devices are properly protected during transport.

5. 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 Request For Proposal.

6. 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.

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

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

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

(Last revised 02/2019)

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 Request For Proposal

(RFP) must be submitted in a sealed envelope or box (envelope means any type of sealed, opaque container) marked with the RFP number, the title of the RFP, bid submission deadline (bid opening date), and bidder (company) name clearly marked on the outside of the envelope/box. If a bidder is using an “Express Mail” or similar type of service, the bid response must be contained in a sealed envelope within the “Express” mailer (the bid number must be listed on the exterior of the sealed envelope contained within the “Express” mailer). A bid that is not properly and clearly marked and is inadvertently opened, before the scheduled bid opening time, may be disqualified, at the Department’s discretion, without additional consideration for award of the contract.

Below is an example to illustrate how the outer surface of the bid package should be labeled:

Request For Proposal #: (insert bid number) Commodity/Service: (insert title of bid)

Bid Submission Deadline: (insert due date) Company Name: (insert company name)

3. WHAT NEEDS INCLUDED IN BID PACKAGE: Submitted bid packages should include, at a minimum, a completed Signature Page, a hard copy print out of this entire Request For Proposal document, media device with a completed Excel pricing page, hard copy of the 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 RFP’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 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 Request For Proposal 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 Request For Proposal, 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: The Department only accepts hand delivered and mailed bid packages. Bids submitted via email, telephone, electronic facsimile (fax), or any other mode of electronic transmission will not be considered a responsive bid submission. Bids must be in possession of the ODOT Office of Contract Sales, Purchasing Services section, on or prior to 2:00 p.m. eastern time, on the scheduled date of the bid submission deadline (public bid opening) as listed on the cover of this Request For Proposal (RFP). Properly labeled bid packages must be either hand delivered by the bidder to the Office of Contract Sales, Purchasing Services section or mailed to the following EXACT address:

Ohio Department of Transportation, Office of Contract Sales, Purchasing Services, 1st floor

1980 West Broad St. Mail Stop 4110 Columbus, OH 43223

(614) 644-7870 or (614) 752-9017 Main Office Line: 1-800-459-3778

OFFICE HOURS: 7:30-3:30, M-F (excluding State of Ohio recognized holidays)

For hand delivery of bids, the Office of Contract Sales, Purchasing Services section is located on the 1st floor of ODOT Central Office (same address as where bids will be received). Bidders will be required to sign-in at the front desk of the building and then must be escorted back to the Office of Contract Sales, Purchasing Services section in order to drop off their bid. It is the responsibility of the bidder to ensure enough time is allotted to allow for all sign in and security procedures prior to the 2:00 p.m. bid submission deadline. Delivery of bids to any other location (including the ODOT mailroom), does not constitute receipt by the Purchasing Services section.

Bids delivered to the ODOT mail room by a courier service must be delivered so as to leave a reasonable amount of time for the transfer of the bid to the Purchasing Services section. The ODOT mail room delivers received mail to Purchasing Services at scheduled times during normal office hours.

8. LATE BIDS: A bid received after 2:00 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 Request For Proposal. 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 2:00 p.m.

deadline.

9. PUBLIC BID OPENING PROCEDURE: All bids in possession of the Purchasing Services section shall be publicly opened, at ODOT Central Office, Office of Contract Sales, Purchasing Services section, 1st floor, starting at 2:01 p.m. on the scheduled date of public bid opening (bid submission deadline). All bids will be opened and read to any interested parties in attendance. At the conclusion of the public bid opening, bids may no longer be shared with interested parties until after a contract award has been made.

10. BIDS FIRM: Once publicly 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 2:01 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 public 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 public 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 PUBLIC 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 be marked somewhere on the outer packaging as “REVISED”.

Purchasing Services will not return the original bid package to the bidder. The original bid package will be kept in the contract file.

In order to protect the integrity of the bidding process, bids shall not be prepared on the premises of ODOT. Any bid which is prepared on the premises of ODOT may be immediately disqualified and receive no further consideration for award.

13. UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this Request For

Proposal 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 Request For

Proposal 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 Buy Ohio/Buy America 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.