536-26.pdf

Rev. 05/27/2025 1

OHIO DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSALS

PAVEMENT MARKING DEGRADATION DATA ANALYSIS

OVERVIEW

The 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) Part 3A.05 requires the implementation and continued use of a method that is designed to maintain retroreflectivity of longitudinal pavement markings. The Ohio Department of Transportation (ODOT) has chosen the Service Life Based on Historical Data Method as the preferred method for implementation. As such, ODOT has collected retroreflectivity data five times since 2023 at 118 locations across the state comprising over 1350 line-miles of various line types. Now ODOT is seeking a vendor to analyze the historical data using relevant statistical and/or machine learning models to create degradation curves that can be used as the basis for determining service life and replacement schedules of the pavement marking types used by

ODOT.

INTRODUCTION

In December 2023, FHWA published the 11th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) related to maintaining minimum levels of retroreflectivity for pavement markings. DOTs must implement and continue to use one of the provided methods that is designed to maintain retroreflectivity of longitudinal pavement markings above set minimum levels.

The method preferred by ODOT is the Service Life Based on Historical Data Method. With this method, an agency documents pavement marking installation dates and, using historical retroreflectivity data or research results, develops a schedule for replacing the markings. This schedule is designed to prevent the pavement marking retroreflectivity from falling below the MUTCD retroreflectivity level. Using this method, agencies can set pavement marking replacement schedules for similar markings in similar conditions.

Using a separate purchasing contract, ODOT collected the retroreflectivity data on pavement markings of various ages across the state. To understand how the pavement markings perform over time, mobile retroreflectivity data was collected five times over 2 years at 118 selected sites across the state, taking into account several factors such as pavement marking type, retroreflective optics, pavement type, pavement condition, traffic volumes, and climate.

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The objective of this RFP is to analyze the collected data using the latest statistical and/or machine learning models appropriate for determining life cycles and to produce degradation curves that are specific to Ohio conditions across various topographical and climatic regions while focusing on standard ODOT pavement marking types.

The developed regional life cycles and degradation curves will then be used by the Districts as their basis for scheduling the replacement of pavement markings before they reach the minimum retroreflectivity levels, in turn meeting the requirements of the MUTCD.

DATA ANALYSIS

The Office of Roadway Engineering will provide the vendor with the detailed collected mobile retroreflectivity data from 118 different sites across the state of Ohio. Retroreflectivity readings were taken at these locations twice a year (every 6 months) from October 2023 through September 2025. The vendor will be provided with the raw reports from the Mobile Retroreflectivity readings, along with a summary report prepared by ODOT.

The vendor shall perform data cleaning to ensure that the data collected reflects the reasonable expected behavior of pavement markings and is free from errors. The vendor shall communicate to the Office of Roadway Engineering (ORE) if there are any discrepancies in the data collected. The vendor shall review the data and clearly label data that appears erroneous. The vendor shall notify ORE of the erroneous section(s) for further investigation to determine the reason for the discrepancy, and any further actions needed.

The vendor shall use the latest statistical and/or machine learning models appropriate to create pavement marking degradation curves. To determine what produces the best representation of pavement marking lifecycles, the data shall be analyzed using at least four different models, with at least two machine learning models and at least two statistical models. Combining machine learning or statistical models to improve accuracy and make better predictions is acceptable. If the vendor believes that combining both a statistical and a machine learning model will produce better results, that is acceptable. Combining multiple models will count each model for the scoring of the technical proposal.

DELIVERABLES

The vendor shall provide:

1. A comprehensive report detailing the methodology, data analysis, degradation curves, and estimated service lives for the specified pavement marking types and locations mentioned below.

2. Documentation and guidance for optimizing ODOT’s pavement marking maintenance schedules based on the developed degradation curves and service life estimations.

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The vendor shall produce detailed curves and equations that clearly show how the pavement marking retroreflectivity values change with time for each material. The degradation curves should be broken down into several different categories for each pavement marking material, including:

• Pavement Type o Asphalt, Concrete, or Chip Seal

• Highway Type o Conventional, or Freeway/Expressway

• Geographical Location o Dividing the state into thirds:

▪ Region 1: Districts 2, 3, 4, 12

▪ Region 2: Districts 5, 6, 7, 11

▪ Region 3: Districts 8, 9, 10

• Wet Reflective Status

• Marking Color o Yellow: Left Edge Line or Center Line o White: Right Edge Line or Lane Line

On the degradation curves, it should be clearly apparent when the markings’ retroreflectivity goes below the minimum retroreflectivity thresholds as established in MUTCD Section 3A.05 Maintaining Minimum Pavement Marking Retroreflectivity.

The vendor shall provide ODOT with a technical brief and a project schedule of their work plan within one month from the start date. The vendor shall provide their complete draft results to ODOT by March 2, 2026. This provides adequate time for ODOT to review and comment on the report and the vendor to revise and submit an approved report. This submission date should be part of the vendor’s project schedule. The final report shall be submitted by April 3, 2026.

Final reports are intended to provide documentation of all technical data, analysis, and results for an entire project and to demonstrate fulfillment of the conditions of the agreement.

All project data and documentation, either reimbursed by ODOT (regardless of price) or developed through the scope of work, must be turned over to ODOT by the completion of the project.

VENDOR QUALIFICATIONS AND EXPERIENCE

Mandatory Requirements – vendors MUST meet, at a minimum, all the following qualification requirements:

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

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

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• Experience with data cleaning

• Experience with data analytics projects and programs

• Experience with pavement marking analysis

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

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

• Resumes/curriculum vitae of those key staff which describe appropriate education, experience, and expertise needed to complete the project deliverables

• Describe in detail:

o Experience with data cleaning o Experience with statistical models and data analysis software o Experience with machine learning models o Examples of previous data analytics projects completed o Experience with pavement markings o Experience producing reports and visualizations from data analysis

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 SUBMITTAL

A. Proposal Submission

All information must be submitted through Ohio Buys. The proposal must be prepared and submitted in accordance with instructions found in this section and must be received by the State no later than September 30th, 2025. Proposals received after this date and time will not be reviewed. Material mailed or submitted separately from the proposal packet will not be accepted or added to the proposal by ODOT staff.

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. Inquiries

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All inquiries must be submitted through Ohio Buys. Pre-proposal questions must be received no later than the close of business on 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.

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

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)

A. Implementation/Management Plan

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

B. Organizational Structure

The Proposer must provide the names and résumés of each individual who 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 to 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 years of experience, educational background, the duties and responsibilities for that employer, and a phone number or email contact. Identify each individual and the percentage of time that each person would be assigned to each major task in the Scope of Services.

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C. 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.

The Cost Proposal shall be submitted in Excel format.

D. Agreement Term

The Initial Term of this Agreement shall commence upon the Effective Date and shall remain in full force and effect until June 30, 2026.

RFP Scoring 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 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

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1 Was the vendor’s proposal received by the deadline as specified in the

RFP?

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

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 2 5 7 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 an acceptable level, Score: 2

“Meets Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 5

“Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 7

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 qualifying proposal. Technical proposals that do not meet or exceed a total score of at least 1000 points (a score that represents the selected vendor has the capability to successfully perform the project/program services) out of a maximum of 1750 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.

ITEM

EVALUATION CRITERIA Weighting Doesn’t Meet

Partially Meets

Meets

Exceeds

WORK REQUIREMENTS 0 2 5 7

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Provide examples of conducting at least 3 projects that demonstrate experience in cleaning and analyzing data for change over time, and producing results and recommendations from that analysis

Provide examples of previous experience working on at least 2 projects that directly involve pavement marking analysis

Demonstrate expertise in at least 2 different statistical modeling methods relevant to producing degradation curves

Demonstrate expertise in at least 2 different machine learning modeling methods relevant to producing degradation curves

Provided 2 examples of reports or visualizations conveying findings to stakeholders

GRAND TOTAL SCORE:

Based upon the Grand Total Technical Score earned, does the vendor’s proposal meet or exceed the minimum Technical Score of 1000 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.

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APPENDIX A: RETROREFLECTIVITY SPECIFICATIONS

MUTCD Section 3A.05 Maintaining Minimum Pavement Marking Retroreflectivity

Standard:

Except as provided in Paragraph 5 of this Section, a method designed to maintain retroreflectivity at or above 50 mcd/m2/lx under dry conditions shall be used for longitudinal markings on roadways with speed limits of 35 mph or greater.

Guidance:

Except as provided in Paragraph 5 of this Section, a method designed to maintain retroreflectivity at or above 100 mcd/m2/lx under dry conditions should be used for longitudinal markings on roadways with speed limits of 70 mph or greater.

The method used to maintain retroreflectivity should be one or more of those described in “Methods for Maintaining Pavement Marking Retroreflectivity” (FHWA-SA-22-028), 2022 Edition, FHWA, or developed from an engineering study based on the values in Paragraphs 1 and 2 of this Section.

ODOT Supplement 1046 Performance Requirements for Recessed Wet Reflective Pavement Markings

TABLE 1: MINIMUM INITIAL AND RETAINED AVERAGE

RETROREFLECTIVITY

VALUES1 FOR R-WR PAVEMENT MARKINGS

TEST METHOD

WHITE YELLOW

INITIAL RETAINED INITIAL RETAINED

DRY (ASTM E 3320) 700 500 500 350

WET RECOVERY (ASTM E

2177 or approved equivalent)

250 175 200 125

1. Measured at standard 30-meter geometry in units of mcd/m2/lux

Initial Test Cycle. The time frame of 15 to 45 calendar days following R-WR pavement marking installation and under traffic, in which the first retroreflectivity performance

Rev. 05/27/2025 10 measurements shall be taken.

Retained Test Cycle. The time frame that begins no earlier than the end of the Winter Performance Observation Period in which the second retroreflectivity performance measurements shall be taken.

Winter Performance Observation Period. A waiting period that extends through April 15 of the calendar year following installation of R-WR pavement markings.

ODOT Supplement 1047 Pavement Marking Materials Product Evaluation And Prequalification Process

A. Testing Duration. Submit the proper amount of field service testing data depending on the type of marking being evaluated.

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1. Two (2) years of data for Polyester (Item 643), Thermoplastic (Item 644), Preformed (Item 645), Epoxy (Item 646), Heat-Fused Preformed Thermoplastic (Item 647), Spray Thermoplastic (Item 648).

2. One (1) year of data for Traffic Paint (Item 642)

ODOT TEM Table 397-1 Material Selection for Pavement Marking and Expected Marking Life in Years

a. Long Line Pavement Marking − 2 Lane or General System (See next page for related notes.)

Remaining Pavement Surface Life *

Asphalt Concrete

ADT < 5,000

Type Years

ADT > 5,000

Type Years

ADT < 5,000

Type Years

ADT > 5,000

Type Years

0 - 2 years Traffic Paint Type 1 1 Polyester

Spray Thermo

Traffic Paint Type 1

Polyester

Traffic Paint Type 1

Polyester

Traffic Paint Type 1

3 - 4 years Polyester

Spray Thermo

Traffic Paint Type 1

Polyester

Spray Thermo Traffic Paint Type 1

Traffic Paint Type 1 1

Epoxy

> 4 years Thermo

Spray Thermo

Epoxy

Thermo

Polyester

Spray Thermo

Epoxy

Traffic Paint Type 1

New Surface

i) 35o to 50o F

ii) > 50o F

Traffic Paint Type 1 A

Traffic Paint Type 1

Spray Thermo

Thermo

Traffic Paint Type 1 A

Traffic Paint Type 1

Spray Thermo

Thermo

Traffic Paint Type 1 A

Traffic Paint Type 1

Epoxy

Traffic Paint Type 1 A

Traffic Paint Type 1

Epoxy

b. Long Line Pavement Marking − Multilane or Priority System (See next page for related notes.)

Remaining Pavement Surface Life *

Asphalt Concrete

ADT < 5,000

Type Years

ADT > 5,000

Type Years

ADT < 5,000

Type Years

ADT > 5,000

Type Years

0 - 2 years Polyester

Traffic Paint Type 1

Polyester

Spray Thermo

Traffic Paint Type 1

Polyester

Traffic Paint Type 1

Polyester

Traffic Paint Type 1

3 - 4 years Polyester

Spray Thermo

Traffic Paint Type 1

Polyester

Spray Thermo

Traffic Paint Type 1

Polyester

Traffic Paint Type 1

> 4 years Thermo

Spray Thermo

Traffic Paint Type 1

Epoxy

Thermo

Spray Thermo

Polyester

Epoxy 4

i) 35o to 50o F

ii) > 50o F

Traffic Paint Type 1 A

Traffic Paint Type 1

Spray Thermo

Traffic Paint Type 1 A

Traffic Paint Type 1

Spray Thermo

Traffic Paint Type 1 A

Traffic Paint Type 1

Epoxy

Traffic Paint Type 1 A

Traffic Paint Type 1

Epoxy

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Thermo 4 Thermo 4

c. Auxiliary Pavement Marking − 2-Lane and Multilane or Priority System

Remaining Pavement Surface Life *

Asphalt Concrete

ADT < 5,000

Type Years

ADT > 5,000

Type Years

ADT < 5,000

Type Years

ADT > 5,000

Type Years

0 - 2 years Traffic Paint Type 1 1 Traffic Paint Type 1 1 Traffic Paint Type 1 A

Traffic Paint Type 1

Heat-Fused Preformed Thermo

Traffic Paint Type 1 A

3 - 4 years Heat-Fused Preformed Thermo

1-2

Heat-Fused

3 Heat-Fused Preformed Thermo

Heat Fused Preformed Thermo

> 4 years Heat-Fused

Thermoplastic

1-2

Heat-Fused Preformed Thermo

Thermoplastic

Heat-Fused Preformed Thermo

Epoxy

Heat-Fused Preformed Thermo

i) 35o to 50o F

ii) > 50o F

Same as used for long lines

* Remaining pavement surface life is the life before resurfacing, reconstruction or before crack sealant will cover the pavement markings.

Notes:

1. Polyester pavement marking material

a. Polyester pavement marking material is addressed in CMS Item 643. Since it adheres best to a worn surface, poly-ester is not to be placed until new asphalt pavement has been open to traffic for at least fourteen days.

b. Polyester pavement marking material shall only be used on C&MS Item 441, 442, or 424 Type B.

c. Polyester pavement marking material shall not be used on the following asphalt concrete surfaces due to poor bonding qualities:

i. Open graded courses,

ii. Slurry seal, C&MS Item 424 Type A or 443

iii. Any Asphalt Concrete (Item Special) should be questioned before considering the placement of polyester material on it.

2. Thermoplastic pavement marking material

a. Thermoplastic pavement marking material is not recommended for striping long line markings on routes with 2500 or less ADT since these materials must be removed before a chip seal coat can be applied to the pavement.

3. Preformed Thermoplastic pavement marking material

a. Due to the high cost of preformed material, it should only be considered for use where extra-long life is needed or in certain applications, such as bridge decks, where thermoplastic has not adhered well.

4. Epoxy pavement marking material

a. Epoxy should only be used on pavements in good condition after surface preparation has been accomplished per manufacturer recommendations.

b. Epoxy pavement marking material is not recommended for striping long line markings on routes with 2500 or less ADT since these materials must be removed before a chip seal coat can be applied to the pavement.

5. Rumble Stripes

a. Due to installation and durability issues, Preformed pavement marking (C&MS Item 645) and Heat-fused preformed thermoplastic (C&MS Item 647) shall not be used for rumble stripes.

6. Microsurfacing and Chip Seal Pavements

a. Microsurfacing (Item 421) and Chip Seal (Item 422) falls under Asphalt Pavement.

b. Thermoplastic (Item 644) pavement marking materials shall not be used on Microsurfacing pavements (Item 421) for

Rev. 05/27/2025 13 long line pavement markings.

7. Miscellaneous

a. Auxiliary markings not regularly run over by traffic will last 1.5 to 2 times longer.

b. Surface preparation may be required to remove old markings as recommended by supplier.

c. Remove curing compound completely from new concrete surfaces - follow CMS Item 641.05.

d. Concrete Bridge Deck Pavement Marking

Remaining Surface Life Type Years

< 4 years Traffic Paint Type 1 A

Traffic Paint Type 1

Epoxy

Preformed Tape

1-2 3-4

4-5

≥ 4 years Epoxy

Preformed Tape

3-4

4-5

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STANDARD TERMS & CONDITIONS

I. GLOSSARY

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

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

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

C. AUTHORIZED DEALER/DISTRIBUTOR: The vendor that maintains written legal agreements with manufac-turers to act as their agent and provide goods, products, or services listed in the bid/RFQ/contract. The au-thorized Dealer/Distributor must maintain active and sufficient facilities necessary to perform the awarded Contract, own title to the goods, products, or services and maintain available stock on a continuous basis and in sufficient quantity to provide uninterrupted access to the Contract Deliverable.

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

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

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

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

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

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

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

K. MBE OR EDGE CERTIFIED: MBE means Minority Business Enterprise and EDGE means Encouraging Diversity, Growth and Equity.

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

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

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

O. PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase, or otherwise acquire goods

Rev. 05/27/2025 15 or services. "Purchase" also includes all functions that pertain to the obtaining of goods or services, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, all phases of contract administration, receipt and acceptance of the goods and services, and financial consideration for the goods and services by either a state agency or a third party.

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

Q. REQUEST FOR QUOTE (RFQ)/INVITATION TO BID (ITB)/COMPETITIVE SEALED BIDDING: A solicitation for goods, products, or services in which ODOT invites vendors to submit price quotes/bid responses for the supply of such goods, products, or services.

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

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

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

U. STATE DATA: All data and information provided by, created by, created for, or related to the activities of the State and any information from, to, or related to all persons that conduct business or personal activities with the State, including, but not limited to Confidential Data.

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

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

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

Confidential Data includes, but is not limited to:

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

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

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

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

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

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

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

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

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

Y. SUBVENDOR: An individual, firm, or corporation to whom the Vendor sublets part of the contract to be per-formed.

II. QUOTE/BID RESPONSE REQUIREMENTS

A. INFORMATION REQUESTED: Vendors shall furnish all information as requested in the solicitation. At the discretion of the Director, additional information, necessary for evaluation of the quote/bid response may be attached to the solicitation and shall be properly identified as being part of the quote/bid response. ODOT reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the RFQ/bid response. ODOT also reserves the right to require a Vendor to be a registered supplier with the State of Ohio through the OhioPays Portal. Failure to provide the required information or complete supplier registration with the State of Ohio within seven business days of the award may render the quote/bid response invalid.

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

Samples not so requested shall become the property of ODOT. Unsolicited samples which are submitted shall be at the vendor's risk and, shall not be examined or tested, and shall not be considered in the evalua-tion process. ODOT reserves the right to request samples although such may not have been set forth in the solicitation.

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

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

Where a brand name or equal specification is used, use of brand name is for the purpose of describing the base standard of quality, performance and characteristics desired only and is not intended to limit or restrict competition. Substantially equivalent supplies or services to those designated will be considered for award.

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

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

For solicitations involving multiple items, the award shall be made on the basis of the total cost of all items combined, unless the RFQ/bid solicitation explicitly states that awards may be made on an individual line-item

Rev. 05/27/2025 17 basis or by group. Vendors must ensure that unit prices are accurately provided for all items; the use of ditto marks, arrows, or other markings in lieu of entering actual unit prices may result in the offer being deemed non-responsive. Lot prices entered in the unit price area shall be considered as the unit price unless clearly labeled otherwise.

No changes to pricing shall be permitted after the quote or bid submission deadline. Vendors are responsible for reviewing and verifying all pricing prior to submission. In the event of a contract award, the Vendor shall be required to deliver the goods or services at the prices submitted. Vendors shall not enter a unit price of more than two (2) digits to the right of the decimal point.

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

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

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

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

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

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

2. Evidence of collusion among Vendors.

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

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

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

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

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

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

Rev. 05/27/2025 18

III. REGULATORY CONTRACT REQUIREMENTS

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

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

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

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

3517.13 of the Ohio Revised Code.

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

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

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

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

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

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

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

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

H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on ODOT property or performing work on behalf of ODOT, will not purchase, transfer, use, be

Rev. 05/27/2025 19 under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or abuse prescription drugs or medical marijuana in any way.

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

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

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

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company and are prohibited from permitting State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely in a location governed or controlled by the Russian Federa-tion, Russian companies, or Russian institutions.