Automatic Salt Brine Makers & Liquid Production

Invitation No.: 253-24 Location: Central Office Transit Commodity: Modified Mini Vans Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/253pricing.xlsx INVITATION TO BID (ITB) State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services Jack Marchbanks, Ph. D., Director Bid Submission Deadline (Bid Opening Date): May 16, 2023, at 1:00 p.m. eastern time Submitted by: Company Name: Federal Tax ID No.: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your company’s bid) E-Mail Address (required): (person who filled out bid) E-Mail Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return Properly Marked, Complete Bid

Packages To: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS PROCUREMENT VIA THE FOLLOWING WEBSITE: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx Attachments to be submitted in the emailed bid response: Completed Front Page (Separate Attachment) Completed Signature Page (Separate Attachment) Completed Affirmation and Disclosure form (Separate Attachment) Completed Excel Pricing Page (Separate Attachment) Anything Else You wish to Submit (Separate Attachments) Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. Zip files CANNOT be sent. We respond to every submission. If you don’t get a response from us saying, we received your bid within a day, reach out or resubmit. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 253-24 1 ITB 253-24 - Modified Mini Van REQUIREMENTS/SPECIFICATIONS Section 1: Intent The purpose of this invitation is to establish pricing for modified minivans specified herein to be used in conjunction with the Federal Transit Administration Section 5307, 5310, 5311, or 5339 Programs. The vehicles are intended to be used for public transportation or the transportation of elderly and/or persons with disabilities. As a result of the ITB, vehicles will be purchased by either the State of Ohio, Department of Transportation, on behalf of various organizations throughout the State of Ohio or by political subdivisions and subsequently placed into use by the receiving agencies. The vehicle shall be the latest current model vehicle, incorporation the latest engineering changes. All parts shall be new. Throughout this document, the terms “ODOT”, “Department”, “political subdivision”, “local agency”, “recipient” and the like are used interchangeably. Quantity Quantities listed are submitted as a guide. It is understood and agreed that neither the State nor other parties to this contract shall be obligated to purchase any set number of vehicles. Over the past two-year contract period, the number of vehicles purchased by ODOT for its program subrecipients equaled 102 for all MMV vehicles. Political subdivisions of Ohio are able to purchase off of these contracts as well and may increase the number of vehicles purchases from the selected vendors. The actual number will be based upon the overall program cost and the availability of local and federal funds. Section 2: Bid Evaluation and Award Each bidding vendor is permitted to submit one (1) bid. Award of this Invitation to Bid will be made to the three (3) lowest responsive and responsible bidders for the Modified Minivan (MMV) meeting or exceeding the equipment specifications specified herein. The Department reserves the right to request any additional information it deems necessary from the apparent low bidder(s) to determine bid responsiveness or bidder responsibility prior to awarding this Invitation to Bid. The Department will not allow a bidder(s)’s failure to submit all requested information within the prescribed timeframe to delay the award of this bid. The signature of Authorized Representative on bid proposal signifies his or her agreement and understanding that the award will be made based on Total Base Price of required items. Optional items must be included but are not considered for award. Award will be to the lowest three (3) responsive and responsible bidder meeting or exceeding all specifications requirements. All vehicles must meet FTA Buy America requirements. Invitation No. 253-24 2 Section 3: Contract Duration This contract shall be effective from July 1, 2023 through June 30, 2028. The contract(s) established under this ITB shall have the option for one (1) one-year extension. A one-year extension shall be enacted upon the mutual agreement of ODOT and the vendor(s). ODOT shall initiate this process with a decision made to exercise an extension option no later than 90 days prior to the end of the contract. The contract extension option will not extend beyond June 30, 2029. Section 4: Free on Board (F.O.B.) Destination The net unit bid price shall include delivery charges, Free on Board (F.O.B.) to the recipient whose name and address appears on the purchase order(s). No vehicles will be delivered to ODOT unless specifically noted. Section 5.1: Bid Opening Submissions for this Invitation to Bid will be received until 1:00PM Eastern time on May 16, 2023, via email at contracts.purchasing@dot.ohio.gov. The bids received shall be opened and the results of the opening shall be publicly available on the ODOT Office of Transit’s website. Section 5.3: Post Award Meeting After award of the contract and prior to commencement of any activity by the successful bidder, a post-award meeting addressing such topics as delivery schedule, method of construction, title work, payment of invoices, etc., may be scheduled. If the successful bidder is located within the State of Ohio, the meeting will be scheduled at ODOT facilities in Columbus, Ohio. If the successful bidder is located outside the State of Ohio, a conference call originating from ODOT may constitute the post award meeting. In either case, ODOT will contact the vendor prior to commencement of any activity in order to arrange the details of the meeting/conference call. Section 6: Inspection of Vehicle ODOT and/or any political subdivision receiving a vehicle reserve the right to inspect any and all vehicles and ancillary equipment being furnished by the successful bidder (Vendor) as a result of this term contract and reserve the right to reject all material and workmanship which does not conform with the specifications or accepted practice. The inspection(s) may take place at the vehicle manufacturer’s primary place of business, the vendor’s primary place of business, the receiving agency or at a site mutually agreeable to the vendor, ODOT, and/or the political subdivision. For all vehicles the vendor shall submit to ODOT a production schedule and a projected delivery schedule of the completed vehicle as soon as possible after receipt of the purchase order(s). The trip shall allow sufficient time (during normal business hours) for the inspector to travel to and from the place of inspection and adequate time to thoroughly inspect the vehicle(s), including a critique of the inspection. It is intended that all facets of the manufacturing process be reviewed; however, it is intended that the trip not exceed two working days at the actual manufacturing plant. The inspection may be waived by ODOT. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 253-24 3 Note: Payment for the vehicle and ancillary equipment will not be approved until the vehicle is accepted by ODOT and/or the political subdivision as meeting or exceeding all specifications. Delivery acceptance of the vehicle by the recipient agency does not constitute acceptance for payment. Section 7: Delivery Delivery shall be made within 180 calendar days after receipt of order. If the Vendor cannot deliver or expects to be unable to deliver the vehicle within this time frame, the Vendor must provide sufficient, written justification to ODOT or the local agency as early as possible and prior to the end of the delivery time frame. Delivery Hours All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, except State holidays unless special permission is granted by the Department to temporarily waive or adjust this requirement. Delivery and Issuance of Title The title for each vehicle shall be issued in the name of the appropriate recipient whose name appears on the purchase order(s). For purchase orders issued by ODOT, the Ohio Department of Transportation needs to be listed as first secured lien holder. For ODOT purchases, the original title and security agreement shall be filed with ODOT and a memorandum title issued and delivered to the recipient. For all purchases made directly by a political subdivision, the original title shall be furnished to them. In lieu of securing the title upon delivery, title work may be mailed to the County Clerk of Courts in the county where the recipient is located. The title should be mailed back to the vendor from the courthouse and the vendor(s) shall distribute it accordingly. Vendors must alert the courthouse that the title is to be mailed to them. All recipients shall be supplied a 30-day (minimum) temporary vehicle tag per vehicle. All costs associated with delivery, issuing the memorandum title (where applicable), and obtaining temporary tags shall be included in the basic cost of the vehicle. The successful vendor(s) will be required to fully demonstrate the use of the vehicle and related equipment upon delivery along with a review of the applicable warranties. The successful vendor(s) must contact the recipient agency at least one week in advance of vehicle delivery to set a tentative delivery time and choose proper wording for the vehicle title. The successful vendor(s) must also contact the agency at least three days in advance to confirm delivery date and time. Delivery shall be made during the recipient’s normal working hours. Section 8: Warranty Work All normal warranty work on chassis and chassis manufacturer’s factory installed equipment shall be accomplished within 50 miles of the recipient’s place of business. If major or complicated warranty work is required and the location to perform such work is outside the distance limitations required for normal warranty work, the bidder(s) shall pay all costs of transporting the vehicle to and from the recipient agency’s location. Invitation No. 253-24 4 It is recognized that the vehicle and associated on board equipment warranty responsibility may be divided among more than one warranting agency. However, if after the authorized factory service representative for a particular item has been contacted and satisfactory warranty repair cannot be obtained, it shall be the successful bidder(s)’s responsibility to act as a liaison for the agency in obtaining warranty repair to ensure the vehicle is placed in operable condition without unnecessary delay. Section 9: Disputes Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the ODOT Administrator, Office of Contracts. This decision shall be final and conclusive unless within ten (10) days from the date of the receipt of its copy, the Vendor mails or otherwise furnishes a written appeal to the ODOT Director of Transportation or his or her designee. In connection with any such appeal, the Vendor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Transportation shall be binding upon the Vendor and the Vendor shall abide by the decision. Section 10: Bid Submittal Requirements Bidder(s) must submit electronically with the bid the following information: ITB Checklist (Must be submitted in this order): ☐ Required Forms 1-7, signed, dated, and notarized, if applicable ☐ Bidders Buy America Worksheet (assembly and components ≥ 70%) ☐ Copy of Valid Dealers License ☐ Current SAM Documentation ☐ TVM/DBE Goal Certification ☐ FMVSS Certification Documentation ☐ ISO-9001-Quality Assurance Certification ☐ Pricing sheets ☐ Altoona testing summary (please send a PDF of the full test to ODOT separately) Detailed descriptive literature and/or engineering or detailed drawings of all items bid. This shall include the basic vehicle proposed to be furnished and all additional equipment. Sufficient detail along with specifications shall be submitted to allow for a complete evaluation. All bidders must possess a valid Dealer’s License within the United States of America. Bidders must submit one (1) complete set of bid documents with signatures and seals, embossing, etc. Failure to submit the following executed documents in order may result in your bid being declared non-responsive: Form 1: Bid Affidavit Form 2: Bidder Certificate Statement Invitation No. 253-24 5 Each bidder must submit with the bid the enclosed “Bidder Certificate Statement” addressing the U.S. Comptroller’s List of Ineligible Bidders. In the event the bidder is on the Comptroller General’s list of ineligible Vendors for federally financed or assisted work, any contract resulting from this bid may be canceled, terminated or suspended by the Ohio Department of Transportation. Form 3: Integrity Certification Statement Each bidder must submit with the bid, the “Integrity Certification” (regarding debarment, suspension, and other responsible matters), which states that the Vendor is not currently engaged, or has been engaged, in behavior which threatens the integrity of federally assisted programs. Form 4: Lobbying Restrictions Certification The bidder, by signing the Certification and Restrictions on Lobbying contained herein, agrees to comply with the provisions of Section 1352, Title 31 of the U.S. Code, which prohibits the use of federal funds to lobby any official or employee of any federal agency, or member or employee of Congress; and to disclose any lobbying activities in connection with federal funds. Form 5: Buy America Certification The complete Buy America process consists of not only individual component requirements but also a vendor compliance/non-compliance self-certification; pre- award and post delivery vehicle component verification; pre-award and post-delivery specifications compliance; and Federal Motor Vehicle Safety Standards (FMVSS) compliance. The Buy America and FMVSS documents included in the Required Forms sections will suffice as the pre-award self-certifications. The remaining pre- award certifications will be addressed by ODOT personnel and post-delivery certifications will be addressed with the contract vendor(s). The Vendor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provides that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, including but not limited to: microcomputer equipment, software, and small purchases (currently less than $150,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 70 percent domestic content minimum. A bidder or offeror must submit to ODOT the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver. Form 6: Transit Vehicle Manufacturers (TVM) Certification It is the policy of the U.S. Department of Transportation and the Ohio Department of Transportation that disadvantaged business enterprises, defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal and state funds. Invitation No. 253-24 6 Therefore, the Ohio Department of Transportation hereby notifies all bidders it will affirmatively ensure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids, and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 49 CFR Part 26.49 requires ODOT, as a recipient of FTA funding, to require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the DBE regulatory requirements. A transit vehicle manufacturer may obtain this certification by submitting its DBE Goal and Program Plan to the FTA Office of Civil Rights. Only those transit vehicle manufacturers listed on FTA’s certified list of Transit Vehicle Manufacturers (https://www.transit.dot.gov/regulations-and-guidance/civil- rights-ada/eligible-transit-vehicle-manufacturers), or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid. A bid received from a Transit Vehicle Manufacturer bidder that is not listed on FTA’s certified list of Transit Vehicle Manufacturers will be deemed non-responsive. A bidder that is a vendor/distributor/dealer of transit vehicles must clearly identify all Transit Vehicle Manufacturers from which vehicles will be procured. A bid received from a vendor/distributor that includes vehicles to be produced by a Transit Vehicle Manufacturer that is not listed on FTA’s certified list of Transit Vehicle Manufacturers will be deemed non-responsive. Vendor/distributor/dealer bidders: Submit a copy of Form 6 for each Transit Vehicle Manufacturer from which vehicles will be procured. Form 7: Federal Motor Vehicle Safety Standards (FMVSS) / Bus Testing Certification 1. Vendor(s) Pre-Award Self-Certification The motor vehicles supplied as part of this procurement will comply with the Motor Vehicles Safety Standards as established by the State of Ohio. In addition, the bidder(s) must submit a signed certification, on the enclosed form, that all vehicles being supplied will meet all applicable Federal Motor Vehicles Safety Standards. 2. Bus Testing - The Vendor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers), https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers), Invitation No. 253-24 7 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988 and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. 5) ODOT requires the entire Altoona Bus Test Report with the bid in an electronic format. Section 11: Statement of Financial Assistance This contract is subject to a financial assistance contract between the Ohio Department of Transportation and the U.S. Department of Transportation. The federal assistance expected to be provided for this contract is estimated at $13,250,000 and local match estimated at $3,250,000 for a total of $16,500,000 (based on the previous contract ODOT orders) in aggregate from the following Federal Transit Administration (FTA) programs: • CFDA 20.513: Enhanced Mobility of Seniors and Individuals with Disabilities. • CFDA 20.526: Buses and Bus Facilities Formula, Competitive, and Low or No Emissions Programs. Section 12: Interest of Members or Delegates to Congress/ODOT Employees No member, officer, delegate to Congress or any employee of the Ohio Department of Transportation or of a local public body during that person’s tenure or one year thereafter, including any family members or business partners of said person, shall have any interest, direct or indirect, in this contract or the proceeds thereof. Each bidder shall submit with the bid the “Certification and Restrictions on Lobbying” regarding this and other related matters. Section 13: Civil Rights Requirements and Nondiscrimination In accordance with Title VI and VII of the Civil Rights Act, as amended, 42 USC 2000d and 2000e, respectively; Section 303 of the Age Discrimination Act of 1975, as amended; 42 USC 6102, Section 202 of the Americans with Disabilities Act of 1990; and 42 USC 12132, and Federal transit law at 49 UCS 5332, Vendors are required to comply with all applicable Equal Employment Opportunity laws and regulations, including all requirements imposed by the Titles and Sections set forth in this paragraph, and the regulations relative to non- discrimination in federally assisted programs of the U.S. DOT, as issued in 49 CFR, Part 21. These requirements include, but are not limited to: The Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Vendor to Invitation No. 253-24 8 carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The Vendor agrees, in accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC 623 and Federal transit law at 49 USC 5332, to refrain from discrimination against present and prospective employees for reason of age. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue. The Vendor agrees, in accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue. The Vendor further agrees to 1) include these requirements in each subcontract financed in whole or in part with the FTA Federal assistance, modified only if necessary to identify the affected parties, and 2) to notify potential sub-vendors, vendors and suppliers in all solicitations of its obligation under this contract relative to non-discrimination provisions in every subcontract awarded pursuant to this agreement. Section 14: Record Retention: a. Record Retention. The Vendor will retain, and will require its subvendors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subcontracts, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. b. Retention Period. The Vendor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Vendor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Vendor agrees to provide sufficient access to FTA and its vendors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Vendor agrees to permit FTA and its vendors access to the sites of performance under this contract as reasonably may be required. Section 15: Environmental Requirements: Clean Air: (1) The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Vendor agrees to report each violation to the Purchaser and understands and agrees that the Invitation No. 253-24 9 Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Vendor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. Clean Water: (1) The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Vendor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. Section 16: Energy Efficiency: Energy Conservation - The Vendor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Section 17: Labor Provisions: The Vendor shall maintain and preserve, and require sub-vendors to maintain and preserve, payroll records for a period of three years from the date of completion of this agreement. Such records shall contain for each employee, their name, address, social security number, correct classification, hourly rates of wages, daily and weekly number of hours worked, deductions and actual wages paid. In addition, all records to be maintained by the Vendor and all sub-vendors under this agreement shall be made available for inspection, copying or transcription by authorized representatives of the U.S. DOT, U.S. DOL and ODOT. Contract Work Hour and Safety Standards Act: Vendor agrees to comply with 29 CFR Part 1926 which implements Section 107 of the Contract Work Hour and Safety Standards Act. Overtime Requirements: No Vendor or sub-vendor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. Violation: Liability for Unpaid Wages and Liquidation Damages: Invitation No. 253-24 10 In the event of any violation of the clause set forth in subparagraph (b)(1) 29 CFR 5.5 the Vendor and any sub-vendor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in subparagraph (b)(1) 29 of CFR 5.5 in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) 29 CFR 5.5. Withholding for Liquidated Damages: ODOT or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Vendor or sub-vendor under any such contract or any other federal contract with the same prime Vendor, or any other federally assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime Vendor, such sums as may be determined to be necessary to satisfy any liabilities of such Vendor or sub-vendor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR 5.5. Subcontracts: The Vendor agrees to incorporate these clauses into any subcontract awarded pursuant to this solicitation and also require the subvendors to include these clauses in any lower tier subcontracts. The prime vendor shall be responsible for compliance by any subvendor or lower tier subvendor with the clauses set forth in this section. Section 18: Cargo Preference Cargo Preference - Use of United States-Flag Vessels: The Vendor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Vendor in the case of a sub Vendor’s bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. Section 19: No Government Obligation to Third Parties Invitation No. 253-24 11 (1) The Purchaser and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Vendor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub Vendor who will be subject to its provisions. Section 20: Program Fraud and False or Fraudulent Statements (1) The Vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Vendor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Vendor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Vendor to the extent the Federal Government deems appropriate. (2) The Vendor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the Federal Government deems appropriate. (3) The Vendor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the sub Vendor who will be subject to the provisions. Section 21: Federal Changes Vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Ohio Department of Transportation and FTA, as they may be amended or promulgated from time to time during the term of this contract. Vendor's failure to so comply shall constitute a material breach of this contract. Section 22: Recycled Products Invitation No. 253-24 12 Recovered Materials - the Vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Section 23: Government-Wide Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Vendor is required to verify that none of the Vendor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) The accompanying certification is a material representation of fact relied upon by the subrecipient. If it is later determined that the vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Ohio Department of Transportation and subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions. Section 24: Incorporation of Federal Transit Administration (FTA) Terms The provisions within include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by USDOT, as set forth in the current FTA Circular 4220 and the current FTA Master Agreement are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Vendor shall not perform any act, fail to perform any act, or refuse to comply with any Ohio Department of Transportation requests which would cause the Ohio Department of Transportation to be in violation of the FTA terms and conditions. Vendor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the Ohio Department of Transportation and FTA, as may be amended or promulgated from time to time during the term of this contract. Vendor’s failure to so comply shall constitute a material breach of this contract. Section 25: Fly America The Vendor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their Vendors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Vendor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately Invitation No. 253-24 13 explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Vendor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Section 26: Pre-Award and Post-Delivery Audit Requirements The Vendor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Vendor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Vendor shall submit evidence that it will be capable of meeting the bid specifications. (3) Federal Motor Vehicle Safety Standards (FMVSS): The Vendor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. Section 27: Motor Vehicle Pollution Requirements: The vendor shall guarantee that: The horsepower of the vehicle is adequate for the speed range and terrain in which it will be required to operate and also to meet the demands of all auxiliary power equipment. All gases and vapors emanating from the crankcase of spark-ignition engines are controlled to minimize their escape into the atmosphere. Visible emission from the exhaust will not exceed #1 on the Ringlemann Scale when measured six inches from the tail pipe with the vehicle in steady operation. When the vehicle has been idled for three minutes and then accelerated to 80% of rated speed under load, the capacity of the exhaust will not exceed #2 on the Ringlemann Scale for more than five seconds, and not more than #1 on the Ringlemann Scale thereafter. Section 28: ADA Compliance The Vendor agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The Vendor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to Invitation No. 253-24 14 persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the Vendor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project. Section 29: Pricing Upon the Vendor signing a valid Vehicle Cost Worksheet (VCW) with ODOT, an ODOT subrecipient, or other local agency, the Vendor shall honor that price for a minimum of 90 calendar days while ODOT or the local agency processes the order and allow time for paperwork to be completed. Price Adjustment Clause: Manufacturer price adjustments will be considered once a year, starting with the second state fiscal year of the contract or July 1, 2024, provided that price adjustments cover both upward and downward movement of the commodity price and the adjustment is based on the “pass through” increase or decrease of raw materials and/or labor and/or manufacturer price incentives (not originally considered) which make up all or a substantial part of the product. Adjustments are to be based upon an actual dollar figure, not a percentage. Written request for price adjustment including supportive documentation, which must include the request on Vendor’s letterhead and documentation from the Manufacturer and an updated excel price sheet with the original prices included along with changes made. The Department may accept the price adjustment and amend the contract, accordingly, reject the adjustment and continue the contract as is with no change in price, or cancel the contract. The Department will have sole discretion in the approval of any price adjustments. Price adjustments will become effective on the date of the Department’s acceptance letter. No increase will be considered within the first twelve (12) months of the contract. The Vendor may submit one price adjustment increase request per state fiscal year during the contract term, unless otherwise deemed necessary by ODOT to allow more requests. The price adjustment clause supersedes references to firm bid found in Section ten of the Standard Terms and Conditions. Build out date: This is the date after which the manufacturer no longer produces or is unable to provide the current model year chassis. All orders received and accepted by the vendor(s) on, or prior to, the build-out-date shall guarantee delivery of the vehicle as described on the purchase order at the contract price. Any order received by the vendor(s) after the build-out-date will be subject to availability. The vendor(s) reserves the right to accept or reject these orders. If accepted, the vendor(s) shall be required to fulfill the contract. Section 30: SPECIFICATIONS AND DOCUMENTATION OF COMPLIANCE MODIFIED MINIVAN 253-24 Minimum Specifications Invitation No. 253-24 15 SPECIFICATIONS Modified Minivan Specification General: All vehicles will be the latest current model incorporating the latest engineering changes, with manufacturer's standard equipment, unless otherwise specified, meeting all the standards listed below. All parts will be new. Vehicles will be thoroughly inspected and tested during construction to ensure the equipment is installed and operating properly. Vehicles will be rust proofed, watertight and fume proof. For bidders to be considered responsive to the bid, they must be prepared to supply any and all items or literature listed in any section or notify ODOT prior to bid opening of any items that are not available. Failure to notify ODOT will imply the bidder can and will if requested supply any item listed. The quality of this equipment and the installation techniques used will, at minimum, conform to the standard practice of the automotive industry. Vehicles which are to be provided with optional equipment will conform to the specifications for that equipment. All parts will be newly manufactured. ITEM NO. MINIMUM SPECIFICATIONS A. VEHICLE AND SAFETY STANDARDS 1A. Vendors must meet all FTA requirements, including the Buy America standards, Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq. 2A. Meets Current SAE Standards 3A. Executive Summary of Altoona 4A. FMVSS 201 Structural Requirements 5A. FMVSS 302 Fiberglass Standards 6A. UL Standards 7A. OSHA Standards 8A. State of Ohio Motor Vehicle Laws 9A. ADA Regulations Subpart B - Buses, Vans and Systems 10A. Title 49, CFR, Part 38, Subparts A and B 11A. FMVSS 301 Fuel Tank Requirements 12A. All EPA Requirements B. DIMENSIONS 1B. Standard six passenger minivan, with curbside and street side sliding doors. 2B. Wheelbase: 3,022mm or 121.2 inches 3B. Bumper to bumper dimension: 5,144 mm (202.5 inches) minimum 4B. Exterior width: 1,829 mm (72 inches) minimum 5B. Exterior height: 1,854 mm (73 inches) minimum 6B. Interior height: 1,422 mm (56 inches) minimum 7B. Interior width: 1,600 mm (63 inches) minimum 8B. Headroom: 1,448 mm (57 inches) minimum C. ENGINE AND DRIVETRAIN 1C. Flex fuel engine will be a six cylinder 3.3 Liter (175 cubic inches) minimum. The engine will be 49-state emission certified, with electronic fuel injection (EFI), and be the largest available for the OEM chassis and packages specified. The engine will be a current production model and match the year of the chassis. 2C. Transmission: Automatic 4-speed overdrive transmission, front-wheel drive, minimum ITEM NO. MINIMUM SPECIFICATIONS 3C. Battery: 600 CCA; Battery cables will be completely insulated all the way to the connector at the battery terminal with no air gaps (hermetically sealed) Invitation No. 253-24 16 4C. OEM standard alternator 5C. Charging system capable of producing a minimum continuous charging capacity of 160 amps and should be the highest capacity available from the engine manufacturer and include automatic charge protection system. 6C. Heaviest duty cooling system available, including factory installed coolant recovery system. 7C. Exhaust must be properly attached to the vehicle structure or undercarriage and will not be placed under any tension. Oxygen sensors will be installed on the upper side of the exhaust system to limit road damage. Oxygen sensors will be installed in an area easily reached for maintenance. A heat shield will be installed in any area where the exhaust pipe is within 152mm (6 inches) or less of the gas tank. 8C. Option: Automatic 4-speed overdrive transmission, all-wheel drive, minimum D. SUSPENSION 1D. GVWR: 6050 LBS 2D. Combined axle capacity may not exceed the GVWR of the vehicle 3D. OEM McPherson strut front suspension and components. Rear suspension must be adequate for payload identified and the vehicle must maintain a level position once loaded to the vehicle’s GAWRs. A rear suspension assist system, such as air, hydraulic, or electric is permitted if the system is properly approved by the chassis manufacturer. Documentation must be supplied in the bid package verifying the manufacturer’s approval. The OEM package "Load Leveling and Height Control", load leveling shock absorbers are permitted for this specification. The vehicle when loaded to the heaviest capacity must be drivable with rear suspension assist disabled. 4D. With the full capacity load including the driver, passengers and with all available options installed the vehicle will be able to clear a conventional public street speed bump at 10 MPH without the bump or roadway making contact with any portion of the vehicle. 5D. With a full load including the driver, passengers and with all available options, there must be a minimum 5" of clearance between the ground and the lowest point of the chassis excluding the tires, axles and suspension system. E. TIRES, BRAKES AND WHEELS 1E. OEM Anti-Lock Braking System (ABS) is required. 2E. OEM Braking system will consist of front disc and rear disc or drum or 4-wheel ABS. Heaviest duty available from the manufacturer for the GVWR of the vehicle 3E. OEM parking brake with dash warning light retained. Parking brake adjusted to factory specifications upon delivery. 4E. The vehicle shall be equipped with four (4) identical tires and wheels. Tires shall be steel belted radial, and the size, load rating and brand shall be as provided by the OEM for the chassis specified. The tires shall have minimum width of 7 inches and minimum nominal rim diameter of 15 inches. Tires and wheels shall be properly balanced and aligned. 5E. The vehicle shall be equipped with a full size spare tire and wheel. The spare tire and wheel shall be mounted under the vehicle in the rear if ground clearances can still be met. If necessary, however, the spare tire may be mounted inside the vehicle behind, or under the rear-most bench seat. 6E. Heavy duty mud flaps for all four tires 7E. Wheels will be balanced and aligned after all modifications to vehicle have been made. F. STANDARD CHASSIS FEATURES 1F. OEM rearview mirror 2F. OEM standard instrument/gauge panel 3F. OEM power steering, tilt steering wheel, and cruise control 4F. OEM driver and passenger side airbags. ITEM NO. MINIMUM SPECIFICATIONS 5F. OEM driver’s floor mat Invitation No. 253-24 17 6F. OEM drivers and passengers side sun visors 7F. OEM driver and passenger seat belts, automatically retractable and adjustable 8F. OEM minivan windows. Rear quarter-vent windows will be remotely openable by driver. Safety/solar tinted glass 9F. OEM two-speed with intermittent front windshield wipers with dual jet windshield washers. OEM rear window wiper and washer. 10F. OEM driver’s side and passenger side door with power windows 11F. OEM AM/FM Radio/CD player 4 Speakers; 2 front and 2 12F. 12 volt accessory outlet required 13F. OEM standard horn 14F. OEM remote controlled adjustable, heated side-mounted exterior rear-view mirrors will be provided, one on the curbside and one on the passenger side opposite the driver. 15F. OEM Headlights, front signal lights, hazard lights, rear lights, back up lights, rear license plate light 16F. All grab handles will be standard OEM installation. 17F. OEM heating and air conditioning, controllable with separate controls for both the front and the rear. Rear duct will be OEM and should be flush mounted. Conversions will not impede access to front and rear air conditioning components. OEM heating/defrosting system with vents in both front and rear of vehicle, including a rear window defroster. All hoses and lines will be sufficiently fastened, protected, and insulated to ensure against wear and tear from friction and the elements. All metal and rubber fluid lines beneath the vehicle that are altered or exposed as a result of floor modification will be protected from road damage through the use of corrosion resistant covers or shields. The metal and rubber fluid lines must be mechanically attached to the vehicle structure with "P" type clamps or OEM snap clips. The clamps or clips will be spaced at no greater than eighteen (18) inch intervals. Metal and rubber fluid lines must be routed and secured such that they are not exposed to wheel spray. Metal and rubber fluid lines must not pass within 2 inches of any part of the exhaust system. The Interface to the original system must have not more than two coupling points to minimize the potential for leakage 18F. OEM shock absorbing front and rear bumper 19F. Front and rear license plate bracket or OEM standard mounting location; must use stainless steel bolts/fasteners 20F. One interior light that illuminates the interior when doors are opened. 21F. Strap on rear door for closure G. LIGHTING AND ELECTRICAL MODIFICATIONS 1G. All wiring added during the modification process will be color or number coded at points not more than eighteen (18) inches apart. All electrical wiring will be automotive stranded copper of sufficient gauge to handle the load, color coded to match the OEM wiring, with no wires of the same color in the same loom or harness. All harnesses that are modified or added to the vehicle will be secured to the frame at a maximum of two foot intervals with insulated clamps. Plastic wire ties are not acceptable. All exposed terminals and wiring will be protected from the elements using sealed terminals or heat shrink where necessary. Exposed wires will be wrapped or loomed in corrosion/moisture-proofed material. All circuits will be fuse protected and a schematic diagram of engineering quality indicating color and function will be included with the vehicle. All electrical accessories except the radio and lights must be wired though the ignition and must shut off when the engine is off. 2G. Back-up warning system will sound automatically when the transmission gear is in the "reverse" position. Frame mounted toward the rearmost part of the vehicle and will be protected from water and road spray. ITEM NO. MINIMUM SPECIFICATIONS Invitation No. 253-24 18 3G. Lighting at the doors and ramp must be at least 2-foot candles of illumination measured at the top of the step tread and the ramp. 4G. Ramp lighting of at least one (1) foot candle of illumination on the street surface for a distance of 914 mm (3 feet) perpendicular to all points on the bottom of step tread outer edge. Ramp lightning must meet ADA requirements. 5G. The vehicle shall be wired such that, when the windshield wipers are turned on the headlights shall be illuminated automatically. Alternatively, the vehicle may utilize daytime running lights to meet this requirement. 6G. A system including a rearview back up camera and a monitor is required. The monitor shall provide a clear view of what is behind the vehicle to the operator while the vehicle is in the reverse gear. Camera must be mounted at rear in middle of vehicle. H. SEATING MODIFICATION 1H. The vehicle will be able to accommodate the all the seating patterns for one of the two version listed below. Customer will order either modified minivan with or without middle seat; the version will be designated at the time of order. Version 1: This version includes a middle two passenger fold down seat. Possible seating arrangements with version 1: A. Front ambulatory passenger, middle mobility position, a two person fold-away seat and a three person rear seat. B. Front mobility position, a two person fold-away seat and a three person rear seat. C. Front mobility position, a middle mobility position, a two person fold-away seat and a two person rear seat. Version 2: This version does not include the middle two passenger fold down seat. Possible seating arrangements with version 2: A. Front ambulatory positions, middle mobility position, and a two ambulatory passenger rear seat. B. Front mobility position and a two ambulatory passenger rear seat C. Front mobility position, middle mobility position, and a two ambulatory passenger rear seat. See diagrams in Appendix 1H-1. 2H. All seats, including the fold-up seat, will be of the same color, fabric and pattern and color- keyed to the vehicles interior and exterior colors. OEM Cloth. 3H. Standard OEM bucket seats modified as necessary to accommodate the lowering of the floor and remaining as close to the original position as possible. Seats must have armrests. All original mechanisms for adjusting the seats must be maintained. If necessary, a footrest may be positioned at the original floor level. 4H. The front passenger seat must be removable by means of a quick release mechanism while still meeting all safety regulations. Invitation No. 253-24 19 ITEM NO. MINIMUM SPECIFICATIONS 5H. The optional middle seat will be a two-passenger fold-up type seat, cloth covered with armrest. The center seat will have an automatic lock mechanism built into the seat boarding pedestal to prevent the seat from flipping up during the left sided boarding. Lock must be engineered and installed by the seat provider and meet all specified test requirements. Directions for using the quick release mechanism will be included with the vehicle. No grab rails on the middle seat. 6H. Unobstructed hip-to-knee (as measured at the seat level) for each seated passenger will be not less than 648 mm (25.5 inches). 7H. Driver’s and front passenger’s footrest will be constructed in such a manner as to eliminate any gaps between the foot rest and the doorsill entrances. 8H. Seat belts for ambulatory passengers will be OEM. Q'Straint or Sure-Lok lap or approved equal and shoulder belts will be provided for wheelchair passengers. All seat belts provided for ambulatory shall be from the same manufacturer and all seat belts provided wheelchair shall be from the same manufacturer. 9H. One OEM seat belt extension per vehicle. 10H Rear seat will be equipped with foot rest. 11H. Seats shall have a storage compartment on the rear of the seat such. I. BODY MODIFICATION 1I. Modifications to the floor and other modifications to the vehicle will be done in a manner such that the structural integrity of the vehicle is not compromised. The body, which includes the roof, will be of sufficient strength to support the entire weight of the fully-loaded vehicle on its top or side if the vehicle is overturned. 2I. The vehicle will be equipped with an insulated headliner that extends the full length of the driver's seat and passenger's compartment and meets ADA requirements 3I. The vehicle will be equipped with the most robust body corrosion protection system available from the manufacturer of the vehicle. The bottom of the vehicle must be undercoated. All extended wheelchair access and entryway door panels will be rust proofed in a manner equal to greater than the body corrosion protection provided by the van manufacturer. Door wells will incorporate a drainage system to remove excess water and to help prevent rust. 4I. Any modifications to the floor, roof, or sides will require reinforcement to prevent vibration, drumming or flexing. Exterior panels will be secure. All points of contact between longitudinal members or cross members and other structural materials will be welded together with galvanized or zinc or cadmium plated fasteners. 5I. The floor will be lowered 10" - 16" inches vertically from the firewall to the rear axle. The floor will be slanted from the original level (at the firewall) to the lowered level over a maximum of distance of 711mm (28 inches). The floor will be built in such a manner that the structural integrity of the vehicle will be maintained. The total floor width will be no more than 1,524 mm (60 inches). The floor will consist of stainless steel tubing or Aluminized steel channels covered with a layer of (or skin) 16 gauge stainless steel or aluminized steel, minimum. The entire floor and modifications will be sealed to prevent any water or air leakage. The underside of the floor will be completely undercoated with a robust rust protection agent. The manufacturer will ensure that all components attached to the undercarriage (or other major components) under the vehicle are securely attached and have a minimum of 127mm (5 inches) or ground clearance from the roadway. Other methods of floor construction will be considered if prior approval is obtained from ODOT. 6I. The roof, all body panels, and the extended door of the vehicle will be fully insulated to deaden sound and reduce vibrations and heat transfer. OEM insulation is acceptable in non- modified areas of the vehicle. In modified areas, add-on insulation will be glued or affixed in such a manner that no sagging or bunching of material will occur. Roof and sidewalls insulated with fiberglass or fire-resistant insulation material to a minimum average insulation Invitation No. 253-24 20 value of R5 ITEM NO. MINIMUM SPECIFICATIONS 7I. Reinforced glides with added stop brace to prevent doors from sliding off track. Door tracks must be reinforced or strengthened beyond OEM standards as needed in all areas of contact with sliding door arms. The reinforcement of the sliding door components will, at a minimum, be adequate to support the excess weight created by the floor and door extensions. Under normal closure conditions, there should be no evidence of door track "flexing" or "wobbling". 8I. The rear door (lift gate) will be equipped with a manual device for opening the lift gate from the inside and outside which may be quickly released, but which is designed to offer protection against accidental release. The opening device will be easily reached from the interior of the vehicle. 9I. Vehicle will be equipped with insulated sidewalls finished with the minivan manufacturer's standard covering or its equivalent. The interior of all doors will be covered by manufacturer's standard or equivalent trim, panels and insulated. Factory standard window moldings or equivalent will be provided. 10I. Fuel tank will be a minimum 75L or 20 gallon tank. The fuel tank will be fully calibrated using the OEM dash fuel gauge. The OEM dash fuel gauge must read full when the tank is full and empty when the tank is near empty. Tanks will be treated or coated so as to resist corrosion for the complete applicable warranty period. Modifications to the full tank must not cause fault codes in the on-board OBDII emissions system to be set, nor will it cause the fuel pump to shut off before the vehicle is full. A low fuel indicator light shall come on in the dashboard when there is approximately two (2) gallons (7.5 liters) of fuel remaining in the tank. 11I. Manufacturer must supply written documentation of acceptable and safe attachment points for front and rear towing. 12I. Pads of slip resistant material will be installed in the step still. J. MOBILITY SECUREMENT SYSTEM 1J. 1Ja. 1Jb. 1Jc. Mobility aided securement system will consist of the following for each location: Two complete auto locking retractors sets (4 each), auto-locking, auto-tension, for each mobility aid location. Two integrated manual lap belts. Two detachable fixed point shoulder harnesses. 2J. Mobility securement tracks must meet ADA requirements, includes mobility securement system, tie downs and ramp. Tracks will be medium duty flanged L-Track, flush mounted in vehicle. 3J. Straps and buckles will be stored in a pouch mounted off the floor when they are not in use. The stored straps will not interfere with passenger movement or sitting space, will not present any hazardous condition, will be reasonably protected from vandalism, and will be readily accessed when needed for use. 4J. Two mobility aid positions are required. Invitation No. 253-24 21 K. ACCESS RAMP 1K. A fixed ramp will be installed in the curbside sliding door entrance measuring (30"W x 45"L minimum, meeting ADA requirements. It will be light weight and operable by an average adult. The fold and unfold motion of the ramp must be counterbalanced so that the force exerted by the operator does not exceed 15 lbs. The motion should be dampened so that, in the event the ramp is allowed to free fall, no point along the ramp length will move faster than 18 in/sec. When not in use the ramp shall fold flat to the floor, such that the ramp does not impede loading or unloading of the vehicle. The handle for the ramp must tuck inside the ramp. Yellow reflective tape must outline the edges of the ramp. Padding or some type of smooth hand protector will be provided around the opening the driver uses to deploy the ramp. 2K. A compartment, securement system or other appropriate method will be provided to ensure that the stowed ramp does not impinge on a passenger's wheelchair mobility aid or pose any hazard to passengers in the event of a sudden stop or maneuver. The ramp bracket will be constructed of heavy gauge steel, reinforced to prevent bending and covered with an illumination-type paint or coating for easy visibility while boarding. If the ramp remains upright while passengers are entering the vehicle, the ramp must swing from the B post on the passenger door. 3K. The ramp must be designed to provide 800 lbs (363 kg) bending rigidity while loading and unloading passengers. 4K. Optional OEM Power Door Kit, Power Ramp, and Kneeling System: OEM power door shall be added to both the right and left side sliding door and shall operate from either the OEM key fob or from an interior switch mounted within easy access to the driver. A power operated ramp with a minimum of 0.76 meters (30 inches) of clear useable width shall be provided. The van shall have a gas or liquid pressurized kneeling system or a mechanically operated kneeling system that can shut be off by a switch located on dash within easy access to the driver. The ramp must meet all other applicable specifications. ITEM NO. MINIMUM SPECIFICATIONS 5J. The vendor will provide a DVD describing the use of the Securement system. In addition a pamphlet or brochure may be provided describing the use of the securement system. The vendor will demonstrate to the recipient the proper method of using the tie down system. A demonstration of the securement system must be performed to insure the correct use of the system. The instructor will have the student actually use the securement system and tie down a mobility aid in it proper position in the vehicle. Arrangements should be made for having a mobility device at the agency prior to the delivery of the vehicle. Adequate time will be allowed to accomplish this instruction and costs should be included in the bid price for the basic vehicle. Vendor must supply a copy of the DVD and literature included in the bid package to ODOT. 6J. All WTORS (Wheelchair Tiedowns and Occupant Restraint Systems), including the floor anchorages, should be of the same manufacturer so as to comply with all testing and certification of the restraint system being offered. If the tracking and WTORS are of different manufacturers, crash test data must be supplied that shows the mixed equipment has successfully passed all of the crash testing criteria. 7J. Optional Oxygen Tank Securement System: Must mount to stainless steel L track or floor pocket fittings for easy installation or removal. Must meet all applicable safety standards and regulations. Must accommodate O2 cylinder sizes such as M2, AZ, and D. Must secure O2 tank for transport. Invitation No. 253-24 22 ITEM NO. MINIMUM SPECIFICATIONS 5K. Optional Rear-Entry Wheelchair Ramp Van Conversion. When option is specified, a rear- entry wheelchair ramp shall be provided in lieu of a curbside-entry ramp. The floor shall be lowered from the rear of the front row seats to the rear hatch approximately 96”. The floor width shall be approximately 33”, equipped with a 34” x 58” ADA compliant vertical stow ramp. The floor plan would be as follows: First Row: Driver Seat and Co-Pilot Seat Second Row: OEM Flip n’ Fold Seat/WC Securement Position Third Row: WC Securement Position Options for Rear Entry Conversion Third Row 2 Passenger Foldaway Seat Additional Set of QRTMAX Slide n’ Click Tie Downs Foot Plate for Ambulatory Passenger Foot Rest 2nd Row Only L. PAINTING 1L. All exposed metal surfaces, with the exception of aluminum or stainless steel, must be painted, chromed plated or galvanized. 2L. OEM standard colors will be listed on purchase order. Exterior and interior of vehicle must match. The bidder shall submit a list of available standard paint colors with the bid. This may be a reference to a web site, which specifies paint and trim codes. 3L. All interior surfaces which will require painting will be painted the same color and will be color coded to match the exterior of the vehicle. Interior and exterior colors will be color keyed. M. WARRANTY 1M. Chassis: 3 year/ 36,000 miles 2M. Body: 3 year/36,000 miles 3M. Lift or Ramp: 3 year/36,000 miles 4M. Battery: Standard manufacturer’s warranty 5M. Tires: Standard OEM 6M. During the warranty periods, all repairs and replacement parts that are needed due to factory defects or defect-related equipment failures will be furnished and installed promptly without charge or penalty by an easily-accessed authorized service representative. N. SIGNAGE 1N. International accessibility symbol, D9-6 of the "Manual of Uniform Traffic Control Devices" Symbol will be between 8 and 12 inches. Vendor will coordinate exact location of these symbols with the recipient agency. O. PRE-DELIVERY TESTING 1O. Focus lights 2O. Tune Engine 3O. Align front end 4O. Spin balance all wheels 5O. Detailed maintenance and inspection schedule which incorporates the required maintenance and inspection of the basic vehicle and its subsystems (including the lift) as prescribed by the respective manufacturers delivered with each vehicle 6O. Ensure all systems are working properly and vehicle interior and exterior is cleaned 7O. Delivered with a full tank of fuel P. ODOT SAFETY EQUIPMENT 1P. Reflecting triangles, 3 each, stored in a latched container Invitation No. 253-24 23 2P. 16 unit first aid kit meeting OSHA standards permanently attached to vehicle. ITEM NO. MINIMUM SPECIFICATIONS 3P. Bloodborne pathogens kit in container permanently attached to vehicle, consisting of at a minimum disposal gloves, absorbent-medium, protective mask, germicidal and antibiotic wipes, apron, shoe covers, scoop and infectious-waste disposal, tongs or tweezers for picking up sharp objects. 4P. 5 lb. automotive type “ABC” Fire Extinguisher with an easily releasable bracket for storage and securement, mounted in the front of the vehicle to the driver’s seat. Fire extinguisher must be attached with a purchase date. 5P. Lug wrench 6P. Fire Blanket 7P. Jack 8P. Two (2) high quality seat belt web cutters, mounted in easily accessible locations, one near the wheelchair lift and one easily accessible by the driver. Instructions for use must accompany device. 9P. All safety equipment, including light reflecting triangles, will be firmly secured inside the vehicle to prevent any movement by them while vehicle is in motion. None of the safety equipment may be mounted on doors. All safety equipment must not interfere with the driver's or passenger's limbs or placement of feet or interfere with movement of passengers and/or wheelchairs or other mobility aids within the vehicle. First aid kit, blood borne pathogen and triangles must be easily accessible and not blocked or obstructed by spare tire. Fire extinguisher will be mounted on inside of driver’s seat, within driver’s reach. Q. ORDERING AND DELIVERY 1Q. Examples of acceptable floor plans for typical vehicle designations have been included at the end of the text. Appendix 1. The actual floor plan selected will be on the purchase order(s). 2Q. Vendor will delivery vehicle within 180 days of purchase order. 3Q. Receiving agency must be notified of delivery date one week in advance. 4Q. Vendor will inform ODOT when vehicle is in Ohio to schedule pre-delivery ODOT inspection at the dealership or another location if pre-agreed upon by the dealer and ODOT. 5Q. Agency is to be called three days before delivery to confirm delivery 6Q. All deliveries will be made between the hours of 8:00 a.m. and 3:30 p.m., unless special permission is obtained from ODOT. 7Q. Vehicle will be delivered in working condition, ready to be put into service immediately. 8Q. Vendor and agency will complete delivery checklist. If delivery is not accepted, vendor will return vehicle and make repairs as needed. 9Q. Vendor will provide with each vehicle upon a delivery a DVD describing the use of the securement system in addition pamphlets, brochures, videos or similar literature may be provided. The vendor will demonstrate to the recipient the proper method of using the system. NOTE: Demonstration of use of the securement system must be performed to ensure correct use of the system. 10Q. Post-Delivery Buy America Certification: For each vehicle delivered the manufacturer must supply a post-delivery certification showing the Buy America content for the vehicle delivered. 11Q. The instructor will have the student actually use the securement system and tie down a mobility aid in its proper location in the vehicle. Arrangements for having a mobility aid available should be made with the receiving aging prior to the delivery of the vehicle. This process will be repeated until the student is proficient in using the system. Adequate time will be allowed to accomplish this instruction and costs will be included in the bid price for the base vehicle. Invitation No. 253-24 24 R. INSPECTIONS 1R. The vehicle will be thoroughly inspected and tested during the construction and upon completion to ensure all equipment is installed and operating properly. Test will be performed to ensure that the completed vehicle is rust proofed, watertight, fume proof and all vehicle and equipment fluids meet specifications. 2R. ODOT requires that all vehicles ordered by Rural Transit Agencies have a Delivery Checklist completed when the vehicle is delivered to the agency. The checklist must be completed in full and signed by a representative of the agency. The signed Delivery Checklist is required to be submitted to ODOT with the invoice and other pertinent documentation. S. INVOICING 1S. If the purchase order is from ODOT, invoices are to be submitted to ODOT. The invoice submitted to ODOT must be itemized and exactly match the purchase order issued by ODOT. Optional: powered ramp. 2S. Required Invoice Information: 3S. Name of Agency Receiving vehicle 4S. Address of receiving agency 5S. Vehicle description, exactly as listed on purchase order 6S. Vehicle Vin # 7S. Project number: project numbers will begin with RPTF, SPEC, JARC. Project Number example: RPTF- XXXX-XXX-XXX 8S. Invoice will be paid when the following information is submitted: 1. Vehicle Title showing ODOT as first Lienholder 2. Buy America Form 3. Delivery Inspection Form – completed by the receiving agency 4. Invoice Invitation No. 253-24 25 1H-1 Invitation No. 253-24 26 1H-2 Invitation No. 253-24 27 REQUIRED BID SUBMISSION FORM 1 253-24 Modified Minivan AFFIDAVIT Pursuant to Sections 663.41 and 663.43 of 49 CFR chapter VI, I hereby certify that (Check A or B): (A) All vehicles proposed in this bid will comply with all relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 CFR part 571 when delivered to the recipient agency. OR (B) All vehicles proposed in this bid are not subject to the Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 CFR part 571. Signature Title Date Sworn to and subscribed before me this day of , 20 . Notary Public Commission expires (Seal) , 20 Invitation No. 253-24 28 REQUIRED BID SUBMISSION FORM 2 253-24 Modified Minivan BIDDER CERTIFICATE STATEMENT 1. If the bidder(s) is not the parent company, insert below the name and main office address of the parent company. (A parent company is one that owns at least a majority, fifty-one percent, of the voting rights and/or assets in that company.) COMPANY NAME __________________________________________________________ ADDRESS ________________________________________________________________ CITY, STATE, ZIP___________________________________________________________ I , on behalf of the aforementioned company Vendor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Vendor’s failure to so comply shall constitute a material breach of this contract. _________________________________________________ (authorized official - typed) (title) For _____________________________________________________, the bidder(s), attest to the (company name) authority of ________________________________________________to submit this bid proposal (executing agent - typed) on behalf of the bidder(s) and the parent company if other than the bidder(s). ____________________________________________________________ (authorized official - signature) 2. The bidder hereby certifies that they are not included on the United States Comptroller General’s list of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions. 3. By submission of this bid, each bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid, each party certifies as to its own organization, under penalty of perjury, that to the best knowledge and behalf: a. The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition as to any other matter relating to such prices with any other Bidder or with any other competitor. b. Unless otherwise required by Law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder prior to any competitor; and, Invitation No. 253-24 29 REQUIRED BID SUBMISSION FORM 2 253-24 Modified Minivan BIDDER CERTIFICATE STATEMENT (continued) c. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. Signature Title Date Sworn to and subscribed before me this day of , 20 . Notary Public Commission expires (Seal) , 20 . Invitation No. 253-24 30 REQUIRED BID SUBMISSION FORM 3 253-24 Modified Minivan INTEGRITY CERTIFICATION Certification Regarding Debarment, Suspension and Other Responsibility Matters By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180, 2. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: 1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, 2. Violation of any Federal or State antitrust statute, or 3. Proposed for debarment commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA, f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: 1. Equals or exceeds $25,000, 2. Is for audit services, or 3. Requires the consent of a Federal official, and g. It will require that each covered lower tier vendor and subvendor: 1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and 2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: a. Debarred from participation in its federally funded Project, b. Suspended from participation in its federally funded Project, Invitation No. 253-24 31 c. Proposed for debarment from participation in its federally funded Project, d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally funded Project, or f. Disqualified from participation in its federally funded Project, and 3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMSWeb or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third-Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group. certifies or affirms the (Company) truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801 ET SEQ. are applicable thereto. Signature Title Date Invitation No. 253-24 32 REQUIRED BID SUBMISSION FORM 4 253-24 Modified Minivan CERTIFICATION AND RESTRICTIONS ON LOBBYING I, _ , hereby certify (Name and title of official) On behalf of _________________________________________________________ that: (Name of Bidder(s)/Company Name)  No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.  If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.  The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto. Executed this day of , 20 . Signature Title Date Invitation No. 253-24 33 REQUIRED BID SUBMISSION FORM 5 253-24 Modified Minivan BUY AMERICA CERTIFICATION VENDOR COMPLIANCE/NON-COMPLIANCE SELF-CERTIFICATION A. Certification of Compliance With 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661. DATE: _ SIGNATURE: COMPANY NAME: TITLE: OR B. Certification of Non-Compliance With 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C), but may qualify for an exemption pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. DATE: SIGNATURE: COMPANY NAME: TITLE A sheet showing the expected Buy America composition of each vehicle type bid must accompany this page. Invitation No. 253-24 34 REQUIRED BID SUBMISSION FORM 6 253-24 Modified Minivan TRANSIT VEHICLE MANUFACTURERS CERTIFICATION OF COMPLIANCE WITH 49 CFR PART 26 DISADVANTAGED BUSINESS ENTERPRISE REGULATION Pursuant to the provisions of Section 105(f) of the Surface Transportation Assistance Act of 1982, each bidder for this contract must certify that it has complied with the requirements of 49 CFR Part 26.49, regarding the participation of Disadvantaged Business Enterprises (DBE) in FTA assisted procurements of transit vehicles. Absent this certification, properly completed and signed, a bid shall be deemed nonresponsive. TVM Certification The bidder(s), if a transit vehicle manufacturer, herby certifies that it has complied with the requirements of 49 CFR Part 26.49 addressing transit vehicle manufacturers by submitting a current annual DBE goal to the Federal Transit Administration. The goals apply to the most recent Federal Fiscal Year submission and have either been approved or not disapproved by FTA. The bidder(s), if a non-transit vehicle manufacturer, hereby certifies that the manufacturer of the transit vehicle to be supplied has complied with the above-referenced requirements of 49 CFR Part 26.49. Manufacturer: _ _ _ Bidder(s): _ _ Bidder(s) Representative Signature: _ _ _ Title: _ Date: Invitation No. 253-24 35 REQUIRED BID SUBMISSION FORM 7 253-24 Modified Minivan FMVSS/BUS TESTING CERTIFICATION VENDOR PRE-AWARD SELF-CERTIFICATION The undersigned hereby certifies that the vehicle(s) provided in this contract meet all applicable Federal Motor Vehicle Safety Standards and bus testing requirements, if required. Additionally, a complete electronic copy of the Altoona Bus Testing results is included with this bid as a separate attachment. DATE: SIGNATURE: COMPANY NAME: TITLE: Invitation No. 253-24 36 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services Terms and Conditions for Submitting Excel Pricing File in Bid Package (Last Revised 07/2020) 1. DOWNLOADING THE EXCEL PRICING FILE: Bidders can access and download the most current Excel Pricing File for this procurement by following the hyperlink provided below: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/253pricing.xlsx 2. SUBMISSION OF EXCEL PRICING FILE: Bidders should submit the pricing page in the original excel format. 3. UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE: Bidders who materially alter the original content of the Excel pricing file (e.g. specifications, formulas, etc.) issued by the Department may be found non-responsive and ineligible for award of this procurement. 4. CHANGES TO EXCEL PRICING FILE: The Department will only make modifications to the Excel pricing file by written addendum only. Where changes are necessary to the Excel pricing page, the Department will issue a new Excel pricing page indicating the revisions made and a revision date for the changes. It is the sole responsibility of the bidder to check for issued addenda prior to submitting a bid package to ensure the most updated Excel pricing file is being utilized. 5. DESCRIPTIVE LITERATURE: Bidders may electronically provide any descriptive literature (e.g. brochures, spec/cut sheets, drawings, MSDS, etc.) regarding the products and/or services offered by the bidder. As this literature may be publicly posted for viewing by purchasers, bidders must not submit any literature electronically in which they consider to be a trade secret, proprietary, or confidential in any way. (the remainder of this page has been left intentionally blank) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/253pricing.xlsx Invitation No. 253-24 37 State of Ohio, Department of Transportation (ODOT) Office of Contract Sales, Purchasing Services INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING (Last revised 11/30/2020) 1. BIDDER REGISTRATION: The Department requires awarded bidder(s) to successfully register as a State of Ohio Supplier with the Department of Ohio Shared Services and successfully obtain an OAKS vendor identification number (OAKS ID) within fourteen (14) calendar days from the date of contract award and execution. The Department cannot utilize awarded Contracts to purchase from a bidder who cannot obtain an OAKS ID from Ohio Shared Services. In the event an awarded bidder is unable to obtain an OAKS ID, the Department shall reserve the right to revoke its award to the bidder and immediately cancel any resulting Contract. A Supplier Information Form and W-9 must be completed and sent back directly to Ohio Shared Services in order to register and apply for an OAKS ID. The following website can be accessed by bidders to obtain both the forms and specific instructions for obtaining an OAKS ID: http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx It is strongly recommended that all interested bidders not already registered with Ohio Shared Services submit the above paperwork prior to the bid submission deadline. 2. HOW BIDS MUST BE PACKAGED: All submitted bids in response to this procurement must be emailed to contracts.purchasing@dot.ohio.gov – Paper bids will NOT be accepted. 3. WHAT NEEDS INCLUDED IN BID PACKAGE: Submitted bid packages should include, at a minimum, a completed Signature Page, a completed Excel pricing page, and all necessary supportive documentation, forms, and any other information required herein. The Department may deem a bid non-responsive for failure to submit any of the documents requested above. 4. PREBID QUESTIONS, DISCREPANCIES, AND CLARIFICATIONS: Any discrepancies, omissions, ambiguities, or conflicts in or among the bidding documents or doubts as to the meaning shall be brought to the Department’s attention by the bidder no less than three (3) business days prior to the bid submission deadline. All questions, discrepancies, clarifications, etc. must be submitted electronically (hyperlink below). During the competitive bidding process, bidders (and their agents) are prohibited from contacting any ODOT office, including District offices, other than the Office of Contract Sales, Purchasing Services section to obtain responses to any questions. The Department may find a bidder non-responsive for failing to adhere to any of the above requirements. Pre-bid questions/inquiries must be submitted electronically through the following website: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc It is each bidder’s sole responsibility to check the website for updates to pre-bid questions and answers before submitting its bid package to the Department. 5. MODIFICATIONS TO THE BIDDING DOCUMENTS: When it is deemed necessary to modify these bidding documents, the Department will only do so by written addendum. The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. All issued addenda will be posted to the Department’s Upcoming ITB’s website and shall be automatically incorporated into the bidding/contract documents: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx Invitation No. 253-24 38 In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address: Contracts.Purchasing@dot.ohio.gov 6. PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats. Bidders will be required to sign-in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference. Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and complete when a representative of the Office of Contract Sales, Purchasing Services section indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting. 7. WHERE BIDS MUST BE DELIVERED TO: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. 8. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline (bid opening date) established, shall be deemed “Late” and will not be considered for award of this procurement. The late bid package will be marked as la