Rock Salt (Sodium Chloride) for 2022-23 Winter Season

Invitation No.: 018-23 Location: Statewide Commodity: Rock Salt (Sodium Chloride) for 2022-23 Winter Season Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/018pricing.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 26, 2022 at 1:00 p.m. eastern time Submitted by: Company Name: Federal Tax ID No.: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your company’s bid) E-Mail Address (required): (person who filled out bid) E-Mail Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return Properly

Marked, Complete Bid Packages To: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS PROCUREMENT VIA THE FOLLOWING WEBSITE: https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx mailto:contracts.purchasing@dot.ohio.gov 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. mailto:contracts.purchasing@dot.ohio.gov Invitation No. 018-23 1 ITB 018-23 Rock Salt (Sodium Chloride) for 2022-23 Winter Season REQUIREMENTS/SPECIFICATIONS Section 1: Purpose The purpose of this invitation to bid (ITB) is to establish a contract for Rock Salt (Sodium Chloride) quantities to be delivered to the Ohio Department of Transportation (also referred to as “ODOT” and “Department”) as well as participating Political Subdivisions (e.g. townships, cities, universities, counties, Turnpike, etc.) throughout the 2022-23 winter season. ODOT and Political Subdivisions are collectively referred to as the “Receiving Agencies” in the sections below. This solicitation contains an embedded Minority Participation Requirement. (Section 10) Section 2: Contract Duration The effective duration of the awarded contract shall be from the date of execution by the Director through May 31, 2023. Section 3: Minimum and Maximum Salt Quantities All Receiving Agencies, delivery locations, and salt quantities incorporated into the requirements of this ITB are located on the Department’s provided Excel pricing page (link to file included on front cover). Receiving Agencies included in this ITB shall be required to purchase a minimum of at least 90% of their total salt quantities requested from their awarded salt supplier. Conversely, parties shall be able to purchase up to 110% of their total requested salt quantities from their awarded salt supplier. For ODOT, the minimum and maximum provisions (90/110%) will be applied based on the total amount of tonnage (statewide) a bidder has been awarded through this ITB. Subject to Section 9 below for Political Subdivisions, the minimum and maximum provisions (90/110%) will be applied based on the total tonnage requested for each individual Political Subdivision. Each Political Subdivision will be responsible for purchasing the minimum amount of 90% of their requested tonnage under this contract; again, subject to Section 9 below. Section 4: Rock Salt Specifications 4.1: Material Specifications All Sodium Chloride (Rock Salt) provided by an awarded vendor (salt supplier) through this contract shall conform to ASTM Specification D632 Type I, Grade 1, with the following clarifications: a. Moisture Content: Rock Salt provided through this contract must exhibit 2.0% or less moisture content upon delivery to the Receiving Agency. Lots of road salt delivered testing beyond the 2.0% maximum allowable moisture content may be subject to deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3 below. Delivery vehicles exhibiting signs of excess moisture may be rejected, at the discretion of the Receiving Agency, at the point of delivery. Invitation No. 018-23 2 b. Gradation: Rock Salt provided by awarded bidders through this contract must conform to the following Type 1, Grade 1 ASTM gradation requirements upon delivery to the Receiving Agency: Lots of road salt delivered failing the gradation requirements above will be subject to either rejection at the point of delivery or deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3. c. Chloride Content: Rock Salt delivered through this contract must exhibit the following chloride content: Chemical Composition: 4 Total Chlorides (NaCl, CaCl2, and MgCl2 as NaCl based on dry weight) with not less than 95 percent total chloride content upon delivery to the receiving agency. Lots of road salt delivered failing to meet the chloride content requirements above may be subject to deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3 below. d. Anti-Caking Additives/Agents: All rock salt delivered must be treated with sufficient amounts of anti-caking additives/chemicals so as the rock salt will remain in a free flowing, usable condition (without the presence of clumping) while stored in the receiving agency’s storage facility. Rock Salt delivered where clumping is visible and does not break down to meet gradation requirements will be subject to a penalty. Receiving Agency will take photos of the clumping salt. Receiving Agency will attempt to break down the salt to a free flowing, usable condition. If unsuccessful, the Receiving Agency may assess up to a 10% penalty for the defective load. Photos of the clumping will be provided, and notification sent. e. Foreign Matter: Rock salt delivered exhibiting signs of foreign matter will be subject to rejection by the Receiving Agency at the point of delivery. If the load is accepted by the Receiving Agency, the Receiving Agency will provide photo evidence to the salt supplier that foreign matter (materials) was received. Loads that are accepted by the Receiving Agency with foreign matter (materials) will be assessed up to a 20% penalty to be deducted off the invoice for the cost of the defective load(s). f. Rock Salt Required: A mined rock salt is required to be supplied through this contract. The Department will not accept bids for solar or top-mined sodium chloride. Invitation No. 018-23 3 g. Material Safety Data Sheets (MSDS): Bidders should submit with their bid, material safety data sheets (OSHA #20 or equivalent) detailing the rock salt material being bid by mine location. h. Rejected Materials Any delivery to the Receiving Agency that has been rejected shall not be re-directed to any other location listed on the current contract. Reasons for a load being rejected are described, but not limited to those, in Section 4.1. 4.2: Deficient Materials Deductions The Department reserves the right to test the material quality of rock salt delivered by an awarded bidder (and its trucking agents) for conformity to material specifications and requirements included in this contract. Receiving agencies may periodically, and at a frequency of their own discretion, conduct sampling and testing (either independently or by a third party) of delivered rock salt lots for conformity to moisture content, gradation, and chloride content requirements. For ODOT, sampling and testing of rock salt lots are conducted by Department personnel trained on ASTM sampling and testing procedures. The actual testing of rock salt samples are performed by either the District Testing Engineer or properly trained subordinates of the District Materials Management/Testing office. The results of any performed tests by ODOT are final and not subject to appeal by the Vendor. Materials failing to conform to sodium chloride (rock salt) material specifications shall be subject to a deficient materials penalty (calculated deductions). See Section 8.2 regarding material penalties and invoicing. The Receiving Agency will prepare a material quality and testing reports for samples taken. Material quality and testing reports indicating to the Receiving Agency deficient materials have been received will be sent to the awarded vendor in writing along with the applicable calculated deductions that are being assessed against the salt supplier. This documentation will be EMAILED by the Receiving Agency to the Vendor within: • 21 calendar days of the sample being tested for Moisture Content • 21 calendar days of the sample being tested for Gradation • 21 calendar days of the sample being tested for Chloride content. The Vendor may contact the Receiving Agency to inquire about initial results of tests. Any information shared about results prior to the written notice is not official. This may occur prior to the written notice of applicable calculation deductions. The Department reserves the right to acquire samples from stockpile locations or other locations where the bidder’s salt is stored above-ground at any time. 4.3 : Deficient Material Deduction Calculations by Type of Material Deficiency The Department reserves the right to assess against a salt supplier deficient material deductions for non-conforming rock salt materials received based on the following deductions outlined for each material specification failure: A. Moisture Content Deductions Deductions (penalties) for rock salt lots sampled and tested that are not in conformance with Section 4.1(A) moisture content requirements will be calculated and assessed against the awarded vendor (salt supplier) as follows: I. Tested moisture content of delivered rock salt lot equaling 2.0% or less: Rock salt lot delivered is moisture compliant and no calculated deduction will be assessed. Invitation No. 018-23 4 II. Tested moisture content of delivered rock salt lot greater than 2.0% but less than or equal to 3.0%: The following calculated deduction will be applied: Calculated Deduction = $300.00 + [(Price/Ton) x (Lot Size) x (% Moisture of Salt Tested– 2.0%)] II. EXAMPLE CALCULATION Price / Ton Tons Delivered Moisture of Delivered Salt Lot Moisture % Deduct Calculated Deduction $55.16 400 2.66% (2.66% - 2.0%) = 0.66% $300 + [$55.16 x 400 x 0.66%] = $445.62 III. Tested moisture content of delivered rock salt lot greater than 3.0% but less than or equal to 8.0%: The following calculated deduction will be applied: Calculated Deduction = $300 + [(Price/Ton) x (Lot Size) x (% Moisture of Salt Tested)] III. EXAMPLE CALCULATION Price / Ton Tons Delivered Moisture of Delivered Salt Lot Calculated Deduction $55.16 400 3.22% $300 + ($55.16 x 400 x 3.22%) = $1010.46 IV. Tested moisture content of delivered rock salt lot greater than 8.0%: The below calculated deduction will be applied: Calculated Deduction = $300 + [(Price/Ton) x (Lot Size) x (50%)] Note: The cumulative tonnage of salt delivered in a single day to a single delivery location will be the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above. B. Gradation Material Deduction Calculations Deductions (penalties) for rock salt lots sampled and tested that are not in conformance with Section 4.1(B)’s gradation requirements will be calculated and assessed against the salt supplier as follows: If rock salt samples from a delivered lot that has materials retained on the 12.5 mm ( 1⁄2 inch ) sieve, the deduction will be the greater of the minimum deduction (i.e. $300.00) or the following calculated gradation deduction: Calculated Deduction = $300 + [(Price/Ton) x (Lot Size) x {1% + (100% - % retained on 12.5mm ( 1⁄2 inch)) } ] III. EXAMPLE CALCULATION Price / Ton Tons Delivered 12.5mm ( 1⁄2 inch ) result Calculated Deduction $55.16 400 99.2% $300 + ($55.16 x 400 x {1% + (100% - 99.2%)} = $697.15 If rock salt samples from a delivered lot fails on any other size sieve, the minimum deduction of $300.00 will be applied. Note: The cumulative tonnage of salt delivered in a single day to a single delivery location will be the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above. Invitation No. 018-23 5 C. Chloride Content Deduction Calculations Deductions (penalties) for rock salt lots sampled and tested that are not in conformance with Section 4.1(C)’s minimum chloride content requirements will be calculated and assessed against the salt supplier as follows: I. Tested rock salt lots exhibiting a total chloride content greater than or equal to 95%: Materials are conforming and no deduction will be assessed against the salt supplier. II. Tested rock salt lots exhibiting a total chloride content of less than 95% but greater than or equal to 93%: The higher of two deductions will be applied: 1. Minimum Deduction (i.e. $300.00); or 2. Calculated Deduction: (Price/Ton) x (Lot Size) x (6.0%) III. Tested rock salt lots exhibiting a total chloride content of less than 93% but greater than or equal to 90%: The higher of two deductions will be applied: 1. Minimum Deduction (i.e. $300.00); or 2. Calculated Deduction: (Price/Ton) x (Lot Size) x (10.0%) IV. Tested rock salt lots exhibiting a total chloride content of less than 90%: The higher of two deductions will be applied: 1. Minimum Deduction (i.e. $300.00); or 2. Calculated Deduction: (Price/Ton) x (Lot Size) x {10 % + [2 x (90% - Chloride Content %)]} IV. EXAMPLE CALCULATION Price / Ton Tons Delivered Tested Chloride Content of Delivered Salt Chloride % Deduct Calculated Deduction $55.16 400 80% 2 x (90% - 80%) = 20% $55.16 x 400 x (10%+20%)= $6619.20 Note: The cumulative tonnage of salt delivered in a single day to a single delivery location will be the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above. 4.4: Requested Samples Prior to awarding a contract to an apparent low, responsive bidder, the Department reserves the right to require rock salt samples (by mine location) to be provided by the lowest responsive bidder to verify initial conformance with rock salt specifications. Upon request to provide samples from particular mine locations, the Bidder shall have one (1) week to deliver a minimum five (5) gallon container of salt materials (by mine location) to the ODOT location provided by the Department. Failure to submit the requested sample within the requested timeframe will result in a non- responsive bid determination. If the rock salt provided by the bidder fails to conform to the specifications outlined throughout this bid document, the bidder may, at the Department’s sole discretion, be deemed non-responsive and ineligible for award of this contract. Invitation No. 018-23 6 Section 5: Unit Bid Pricing and Contract Award 5.1 Salt Purchases between 90 to 110% of the Requested Salt Quantities by Receiving Agency A. Bidders shall submit F.O.B. Place of Destination, Per Net Ton Unit Bid Pricing by County for the quantities of rock salt to be purchased by both ODOT and Political Subdivisions as outlined in the Department’s provided Excel pricing page (link to pricing page is on the front cover of bidding documents). B. Bidders should submit F.O.B. Place of Destination, Per Net Ton CONVEYED Unit Bid Pricing by County for the quantities of rock salt to be purchased by both ODOT and Political Subdivisions as outlined in the Department’s provided Excel pricing page (link to pricing page is on the front cover of bidding documents). The Receiving Agency is not required to use conveying services. C. CONVEYED SALT pricing is requested for the following periods of time: 1. Date of Award – September 30, 2022. i. When conveying of salt is requested, orders placed during these dates will NOT be required to meet the current contract requirements outlined in Section 7.3. However, all deliveries shall be complete by November 1, 2022. 2. April 1, 2022 – May 31, 2023. i. When conveying of salt is requested, orders placed during these dates will NOT be required to meet the current contract requirements outlined in Section 7.3. However, all deliveries shall be complete by June 30, 2023. All awarded bid prices shall be effective and firm throughout the entire duration of the contract. 5.2 Salt Purchases between 110% to 120% of the requested Quantities by Receiving Agency (Optional Bid Item) For salt purchases over 110%, bidders have the opportunity, as an optional bid item, to supply a price per ton to provide additional salt supplies. If a bidder supplies a price per ton for salt quantities from 110-120%, the bidder agrees to supply additional salt quantities to the requesting Receiving Agency in an amount up to 10% above the originally requested tonnage. For ODOT, the 10% amount will be based on the total tonnage request by County. For Political Subdivisions, the 10% amount will be based off of the total requested tonnage by the requesting Political Subdivision. Please Note: Prior to utilizing this optional bid item, Receiving Agency’s reserve the right to seek additional tonnage beyond the 110% maximum from all bidders originally submitted bid pricing for the particular county in which additional salt is needed. 5.3 Contract Award A. Award of this ITB will be made to the lowest responsive and responsible bidder by County subject to the following criteria: i. The Department may limit the statewide award of this contract by quantity. If so, one vendor may not be awarded more than 65% of the total tonnage statewide via low bid. The Department reserves the right to determine which counties will be included in the 65%, but will begin the award with the lowest priced counties first. For example, if Vendor A is the low bidder on all 88 county bids and the bid was for 100,000 tons, the low bidder will be awarded only 57 counties or that comparative tonnage that is as close to 65,000 tons as reasonably practicable. ii. For the tonnage above 65%, the next lowest bidder in the remaining counties will be awarded the bids in those locations also, and those remaining counties will be Invitation No. 018-23 7 considered multiple award counties. The department reserves the right to acquire salt from either the low bidder or next low bidder in those counties (the State may buy from one or the other or both bidders) as long as it does not result in an excessive price. For example, if Vendor A receives 75% of the tonnage, the tonnage from 65% – 75% will be subject to this part. Therefore, that 10% will be subject to the multiple award scenario from this part. 1. If there are two vendors in one county, the tonnage for the county will remain the same, and the State (including co-op entities) will not be required to purchase the min/max amounts referenced under Section 3 from any one vendor. iii. NOTE: If no bidder gets more than 65% of the quantity by low bid, then all counties and the corresponding remaining tonnage will be awarded by low bid. B. Vendors are encouraged to disclose to the Department their preferred annual capacity. The Department will consider awarding the contract to that vendor up to their capacity if they bid on more statewide. For example, if vendor A’s preferred annual capacity is 200,000 tons but they bid 300,000 tons to cover the statewide bid, the Department will consider awarding the preferred 200,000 tons on a lowest county bid first basis, assuming that awarding the additional 100,000 tons to the next lowest vendor would not result in an excessive price for salt. If requested, the Department will keep the preferred annual capacity number confidential and treat it as a trade secret from the bidders. C. NOTE: For the purpose of this contract, excessive price is considered an increase of 5% or more. 5.4 Fuel Price Adjustment A fuel price adjustment may be made to contract pricing in accordance with the following procedure: • Fuel Price adjustments will be made for deliveries of road salt during the contract period. A monthly update will be posted to the ODOT website at the following link. https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/Salt-FAQ.aspx • On a monthly basis an amount may be added or deducted from contract pricing based on prices posted in the "EIA Retail On-Highway Diesel Prices". The Midwest PADD 2 shall be the designated posting for the adjustments. (If this source becomes unavailable, unworkable, unsuitable, then another source may be selected by the Ohio Department of Transportation – Office of Contracts) • The 2022/23 base rate for calculating adjustments will be established as posted in the EIA Retail On-Highway Diesel Prices for “Midwest PADD2” for the week beginning May 23, 2022. The monthly average will be determined by selecting. PRODUCT “Diesel – All Types” PERIOD “Monthly” SHOW DATA BY “AREA” • The previous month's prices shall be used to determine the monthly average (i.e. – August’s prices will be used to determine September’s adjustment). All prices will be rounded to two decimal places. • The fuel price adjustment shall be applied for the date of delivery. Ex.: If a purchase order for salt is received on January 30, and the salt is delivered on February 2, the fuel price adjustment used will be that for the month of February. EXAMPLE FUEL PRICE ADJUSTMENT INCREASE: Published rate on date of bid opening $4.07 Monthly Average Price $4.17 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dot.state.oh.us%2FDivisions%2FContractAdmin%2FContracts%2FPages%2FSalt-FAQ.aspx&data=05%7C01%7CTodd.VanKirk%40dot.ohio.gov%7Cae3bae1e3da34cefdd2308da3379a432%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637878894777780592%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mi6N%2FkffOjNEf%2F0U2PG9RAul8F2C0d6RPa6RInJc0pQ%3D&reserved=0 Invitation No. 018-23 8 Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment $4.17 - $4.07 = $0.10 = Additional amount allowed to be added to price per ton. EXAMPLE FUEL PRICE ADJUSTMENT DECREASE: Published rate on date of bid opening $4.07 Monthly Average Price $3.97 Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment $3.97 - $4.07 = -$0.10 = Amount allowed to be deducted from price per ton. • The contract cost per ton of salt shall not be changed on any invoice. A separate line item shall be added to any invoice to account for an increase or decrease in the fuel price adjustment. Section 6: Stockpile Requirements Bidders should provide the details regarding their stockpile locations and associated capacity (in tons) for each stockpile location where provided on the Department’s Excel pricing page. 6.1 Stockpile/Storage Location Inspection The Department, at its own discretion, reserves the right to inspect any salt suppliers’ stockpile/storage locations (excluding salt mine locations) utilized to store materials. The Department reserves this right both prior to awarding a contract to a bidder (for the purposes of determining bidder responsibility) and throughout the duration of any resulting contract. The number of inspections performed shall be at the discretion of the Department. The inspection may include, but is not limited to, the following items: 1. Are salt quantities properly tarped so as to ensure protection from inclement weather? 2. Sampling and testing of salt materials. Note: Samples may be taken and tested by Department testing personnel to verify conformance with salt specifications. Material found to not meet chemical or mixture or physical specifications may be rejected. The Department test results are final. 3. Does the stockpile/storage location have an established and acceptable weigh in/weigh out and ticketing procedures for delivery trucks? 4. Has the weigh in/weigh out scale been recently (within a year) inspected and certified by the appropriate local authority for accuracy? Department personnel may be escorted by agents of the salt supplier (bidder) throughout their time at the stockpile/storage facility. The Vendor shall indicate upon notification of an inspection to be performed if the Department personnel to be entering the stockpile/storage location must undergo any safety or similar training prior to entering the facility. 6.2 Weigh Scale Requirements Scales utilized for weigh in/weigh out procedures must be annually certified and approved by the appropriate local authority related to ensuring accurate weights and measures. The device permit for the scales the vendor uses at their facility or stockpile location must be up to date as stated in ORC 1327.501. Any company that services the scales for the vendor shall be registered and comply with the Ohio Department of Agriculture as stated in ORC 1327.502 6.3 Stockpile Quantity and In Place Tonnage Requirements Bidders will be required to have: Invitation No. 018-23 9 • A minimum of 65% of the undelivered balance tonnage of their total awarded tonnage available above ground and in stockpiles within the state of Ohio by December 15, 2022. • A minimum of 90% of the undelivered balance tonnage of their total awarded tonnage available above ground and in stockpiles within the state of Ohio by January 15, 2023. Vendors shall have sufficient resources available to provide 110% if required. These stockpiles quantities shall be reserved for this contract. The Vendor shall notify ODOT on or before the dates listed that the minimum tonnage required is at the stockpile. The Department may perform stockpile inspections and measurements on the awarded vendors on or around the dates listed above. The vendor may be required to provide a list of the contract deliveries to confirm the deduction amount. Section 7: Ordering and Delivery Requirements 7.1 Minimum Order Amount The minimum dumped order amount to be placed by a Receiving Agency is twenty-two (22) tons of road salt. When placing orders, there is no limit set on the quantity per order. However, the Receiving Agency should make efforts to consider placing smaller orders (500 tons) and more often, rather than a large (2,500 tons) order. 7.2 Methods for Ordering and Order Acceptance ODOT utilizes an internal ordering system which sends automatic emails to salt suppliers with order details (e.g. tonnage, delivery location, contact person(s), etc.). Emailed orders sent by noon on a given day will be considered confirmed and accepted by the Vendor for that day and the applicable delivery deadline period (See 7.3 below for delivery deadlines) for that order will effectively begin. Emailed orders sent after noon on a given day will be considered accepted and received by the salt supplier on the following calendar day. The salt supplier shall email back a confirmation (order) number and identify the hauling/trucking/delivery company (by including name or copied via email) for all orders placed. This confirmation (order) number must be provided on the delivery tickets. Political Subdivisions may place orders by either electronic means or telephone. At the time the order is placed the salt supplier shall provide the Political Subdivision with a confirmation (order) number. The same timeframe as noted above outlining when an order shall be considered placed shall apply to all Political Subdivision’s orders. Awarded salt suppliers should have a contact person(s) available to receive and accept orders seven (7) days a week between 8:00am and 5:00pm throughout the duration of the contract. Bidders should indicate all points of contact (contact persons, email addresses, telephone numbers, fax numbers, etc.) on the Excel pricing page where orders can be received and accepted during these times. 7.3 Delivery Deadlines The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between t he da t e o f c on t r ac t awar d and September 30, 2022 by no later than November 1st, 2022. The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between October 1, 2022 and October 31, 2022 by no later than November 8th, 2022. Invitation No. 018-23 10 The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between November 1, 2022 and March 31, 2023 within seven (7) calendar days after receipt of the order(s). The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between A p r i l 1 , 20 23 and May 31, 2023 by no later than June 30th, 2023. See below for Damages associated with failure to deliver within the required timeframes outlined above. As Ohio experiences typical and frequent winter storm conditions, ODOT may require more immediate access to road salt due to emergency related conditions (such as low inventory levels) that create “time is of the essence” fill-up requirements. In these instances, the ODOT shall have the ability to re-direct their existing orders/scheduled deliveries to their specific locations where salt is in critical need. The orders that are delayed due to the ODOT’s change in priority for particular locations shall be effectively paused so as they do not continue to count against the seven (7) day delivery period. The delivery period for delayed orders shall continue again immediately following the completion of deliveries to the noted priority locations. Please Note: Thanksgiving Day, Christmas Day, and New Year’s Day will not be counted against the seven (7) day delivery deadline period for any open orders. 7.4 Standard Operating Hours The chart below indicates the standard operating hours, Monday through Friday (excluding State holidays), for the ODOT. At a minimum, salt deliveries can be made for each ODOT District and Political Subdivisions (i.e. Receiving Agencies) during these hours. A. APRIL – OCTOBER DISTRICT Begin End DISTRICT Begin End 1 7:00 AM 3:30 PM 7 7:00 AM 3:30 PM 2 7:00 AM 3:30 PM 8 7:00 AM 3:30 PM 3 7:00 AM 3:30 PM 9 7:00 AM 3:30 PM 4 6:00 AM 2:30 PM 10 7:00 AM 3:30 PM 5 7:00 AM 3:30 PM 11 7:00 AM 3:30 PM 6 7:00 AM 3:30 PM 12 7:00 AM 3:30 PM Begin End Political Subdivisions 7:00 AM 3:30 PM B. NOVEMBER, DECEMBER, JANUARY, FEBRUARY, MARCH DISTRICT Begin End DISTRICT Begin End 1 7:00 AM 4:00 PM 7 7:00 AM 4:00 PM 2 7:00 AM 4:00 PM 8 7:00 AM 4:00 PM 3 7:00 AM 4:00 PM 9 7:00 AM 4:00 PM 4 4:00 AM 8:00 PM 10 7:00 AM 4:00 PM 5 7:00 AM 4:00 PM 11 4:00 AM 8:00 PM 6 7:00 AM 4:00 PM 12 12:00 AM 11:59 PM Begin End Political Subdivisions 7:00 AM 4:00 PM Exceptions, by location, to these delivery hours have been noted on the Department’s Excel pricing page. Invitation No. 018-23 11 7.5 Extension of Delivery Days/Hours An awarded salt supplier may request from the Receiving Agency an extension of allowable delivery days (i.e. weekends and holidays) and/or delivery hours (beyond those hours which are noted below) when it expects that their ability to fulfill the current amount of outstanding orders may be in question. The Receiving Agency will make reasonable efforts to accommodate these requests given that the salt supplier has first provided sufficient notice, can guarantee when delivery will occur, and the quantity that will be delivered by location. The Receiving Agency has the discretion to approve or deny a supplier’s request for an extension. Requests for extensions will not be accepted nor granted after the fact. 7.6 ODOT Delivery Locations ODOT delivery locations included as a part of this contract have been outlined by District and County on the Department’s Excel pricing page. The Department has identified locations on the pricing page where delivery will not be able to occur in accordance with the schedule/delivery requirements herein. The Department reserves the right to add, throughout the contract duration, up to one additional delivery location for each individual county. Any tonnage ordered by the Department and delivered to the added location will be deducted from the vendor’s total ODOT statewide awarded tonnage and counted toward the Department meeting its 90% purchase requirements from the Vendor. The ODOT will communicate the additional location order details at least one week in advance of its intent to place an order for said location. Additional delivery locations may be added by a county after April, to meet contract tonnages, including locations in counties not awarded to the vendor, and so long as the counties added have also met the contract tonnage requirements statewide. Any county added must be located between the county adding a location and the stockpile, providing a shorter haul distance. ODOT will communicate with the vendor to determine feasible locations at least one week in advance of its intent to place an order for said locations. 7.7 Political Subdivision Delivery Locations and Tonnages Political Subdivision delivery locations and tonnages included as a part of this contract have been outlined by County on the Department’s Excel pricing page. Bidders must factor in these delivery locations and requested tonnages when submitting unit bid prices by County. 7.8 Notification of Intent to Deliver Materials The Vendor (or trucking agent) shall provide notification to the Receiving Agency a minimum of one business day prior to its intent to deliver materials. Notice provided the business day prior to delivery shall be done by 12:00 PM. The Vendor (or trucking agent) shall provide an estimated arrival time for the first load, arrival time of last load to be delivered for the day, and the approximate quantity to be delivered for the day. There may be some instances where an ODOT facility is not able to accept salt deliveries for a variety of reasons, in these instances the Department will notify the Vendor (or agent) of the situation upon receipt of prior days’ notice of the Vendor’s (or agents) intent to deliver the next business day. NOTE: ODOT has several locations that are locked throughout the day. In order to accept delivery at these locations, the Department must receive proper notification from the Vendor and provide confirmation back to the vendor to ensure access, proper staffing, and acceptance of salt at these locations. Leaving a message does not provide the vendor/delivery driver with confirmation. 7.9 Minimum Delivery A. Date of Award - Nov. 1, 2022 and March 19, 2023 – May 31, 2023 (or Contract End Date) Invitation No. 018-23 12 The minimum daily tonnage to be delivered on any order shall be 250 tons. In such cases where the order amount or balance remaining is less than 250 tons, the order amount or balance remaining shall be the daily tonnage delivered. B. Nov 2, 2022 – Mar 18, 2023 The minimum daily tonnage to be delivered on any order shall be 125 tons . In such cases where the order amount or balance remaining is less than 125 tons, the order amount or balance remaining shall be the daily tonnage delivered. C. Saturday/Sunday/Holiday Delivery Minimum When a vendor schedules for weekend or Holiday delivery, the minimum daily tonnage to be delivered on any order shall be 400 tons. In such cases where the order amount or balance remaining is less than 400 tons, the order amount or balance remaining shall be the daily tonnage delivered. We recommend the vendor select orders that can meet this minimum requirement of 400 tons. NOTE: Receiving Agency must schedule employees to be on site, outside of normal working hours. Therefore, if a vendor does not meet the minimum requirement, the vendor may be subject to a penalty of up to $1000. A vendor and Receiving Agency may mutually agree to a lesser amount. Documentation is recommended in advance to avoid any miscommunication. 7.10 Weigh (Scale) Tickets All deliveries of road salt shall be accompanied by certified weight slips/scale tickets (in triplicate) from the salt supplier (or trucking agent) to be provided to the Receiving Agency upon each delivery of materials. Weight slips/scale tickets must be electronically generated and physically printed. Handwritten weigh slips/scale tickets will not be accepted. Each weigh slip/scale ticket shall include, at a minimum, all of the following information: 1) the name of the trucking firm 2) delivery date 3) delivery location 4) confirmation (order) number 5) signature or mechanically imprinted name of the person responsible for weighing the load 6) gross, tare, and net weights for delivered load 7.11 Material Placement and Ticket Signature The Receiving Agency will instruct delivery drivers as to where all salt is to be unloaded once on the facility grounds. The driver may be directed to unload the salt into a Receiving Agency’s provided conveyor/stacker, storage facility, or other storage location (within the same grounds or reasonably close proximity facility). Close proximity for the purposes of this section will be considered as an alternate facility within a 1 mile radius. The salt supplier (and its trucking agents) is required to obtain a signature** from a Receiving Agency representative for each delivery of materials. A Receiving Agency representative must be presented the weigh/scale ticket for signature by the trucking agent prior to the agent leaving the Receiving Agency’s facility. The Receiving Agency will not sign weigh/scale tickets after the trucking agent has left the facility grounds. Salt off-loaded by the Vendor’s trucking agent without the obtainment of a signature will become the property of the Receiving Agency without any compensation being due to the salt supplier. ** At the discretion of the Receiving Agency, with the current COVID-19 Social Distancing Requirements, an alternative to this signature may be substituted to maintain the safety of the Receiving Agency Employee and the Hauling Company Drivers. Invitation No. 018-23 13 7.12 Outstanding Order Reports At a minimum, an awarded vendor must provide weekly status report of all (ODOT and Local Municipalities) open and completed orders in a single standard unlocked excel (.xlsx) sheet. These reports must include the Vendor Confirmation Number, Stockpile Location Name, Hauling Company, Order Date, County, delivery location, tonnage ordered, tonnage delivered to date, outstanding order balance to date. ODOT will contact the awarded vendors and identify where the reports will be sent, and it is anticipated that the reports should be provided by 9 a.m. Friday mornings unless otherwise agreed. ODOT may request midweek reports when deliveries exceed the delivery requirement. 7.13 Late Delivery Damages Damages may be assessed against an awarded salt supplier where an order with a balance of twenty-two (22) tons or greater has yet to be delivered to the Receiving Agency within the prescribed timeframes. The Department may recover liquidated damages for outstanding balances of salt that do not meet the required delivery timeframes set forth in Section 7.3. • 0 to 7 days No penalty assessed. • 8 to 10 days 1% per day on outstanding balance of salt order not delivered • 11 to 14 days 1.5% per day on outstanding balance of salt order not delivered • 15 days or more 2% per day on outstanding balance of salt order not delivered Receiving Agencies may also assess late delivery damages against an awarded salt supplier when the supplier’s (or trucking agents) failure to deliver causes the Receiving Agency to incur additional costs due to a delinquent delivery (e.g. moving salt from facility to facility to meet short term snow and ice needs, staff overtime, trucking costs, acquiring substitute salt quantities, etc.). It is a requirement of this contract that all awarded salt suppliers communicate any delivery issues (expected or potential) to the Receiving Agency so as the parties can work together to mitigate any potential damages that may occur. With sufficient prior notice a Receiving Agency may be able to prioritize delivery locations based on current inventory levels and impending weather events to minimize or eliminate any potential monetary impacts. 7.14 Load Limits The Receiving Agency reserves the right to spot-check truck and/or trailer loads at point of delivery, for weight conformance to that shown on weight slip or invoice (including tare weight if deemed advisable). Upon direction by authorized transportation personnel of the receiving agency, the truck and/or trailer shall proceed to the nearest available certified scales for such weight determination at no additional cost to the ODOT. Any vehicle being used to haul materials under this contract shall be loaded so as not to exceed the combined or gross weight declared for the vehicle in its registration under the International Registration Plan. Any vehicle being used to haul materials under this contract and registered under the International Registration Plan must have its combined or gross weight declared so as to be in conformance with the legal weight limitations imposed on vehicles traveling on any road or street in Ohio (ORC 5577.04). Any vehicle determined to have a gross vehicle weight in excess of the combined or gross weight declared for the vehicle in its registration under the International Registration Plan shall be considered overloaded. For the purpose of assessing damages, the extent of “overload” to which damages will apply shall be the difference between the IRP-declared combined or gross weight and the measured gross weight of the vehicle. Invitation No. 018-23 14 This schedule will apply in all cases, except where a Special Hauling Permit has been issued for the vehicle by the Ohio Department of Transportation, Office of Highway Management, Hauling Permit Section, in the amount up to the measured gross weight of the vehicle. Schedule of Damages for Vehicle Overloads: Overloads (lbs) Damages 0 - 2,000 $80.00 2,001 - 5,000 $100.00 + $1.00 per 100 lb of overload 5,001 - 10,000 $130.00 + $2.00 per 100 lb of overload 10,001 + $160.00 + $3.00 per 100 lb of overload Drivers of all vehicles being used to haul materials on this invitation shall be informed by the supplier that damages shall be assessed for overloads. These provisions are strictly for the convenience of administering this contract and shall not be construed to replace or waive any provision of the Ohio Revised Code or Ohio Administrative Code pertaining to vehicle weight limitation. 7.15 Damage to Receiving Agency Property The salt supplier will be solely responsible for any damage to Receiving Agency property (e.g. storage facilities, equipment, etc.) resulting from improper dumping/placement of salt or any other negligence of the salt supplier or its delivery drivers/trucking agents. 7.16 Rejected Materials Any delivery to the Receiving Agency that has been rejected shall not be re-directed to any other location listed on the current contract. Updating or modifying delivery location information of an existing ticket that has been rejected, or re-issuing a new ticket for the rejected load with the same material in the delivery vehicle would be considered a breach of the contract terms and conditions. Reasons for a load being rejected are described, but not limited to those, in Sections 4.1. Section 8: Invoicing Requirements In addition to complying with the requirements for invoicing included in the Standard Terms and conditions, awarded salt supplier must adhere to the following requirements in submitting invoices to the Receiving Agency for payment: a.) Invoices shall indicate the Receiving Agency Purchase Order number, delivery location(s), tonnage(s) delivered, and date of delivery, confirmation (order) number, and the appropriate cost per ton. b.) Along with invoices, the salt supplier must submit copies of the Receiving Agency signed weigh/scale ticket(s) for each delivery of salt included on the invoice. The Receiving Agency will not process invoices for payment that are not accompanied by appropriately signed weigh/scale tickets. Invoices not accompanied by the appropriately signed weigh/scale tickets will be considered improper. 8.1 Invoicing Payments Upon receipt of an invoice, the Receiving Agency shall provide payment to the Awarded vendor within 30 calendar days. The invoice shall be paid in full. Adjustments for Deficiencies are addressed in Section 8.2 8.2 Invoice Adjustments/Payments (Credits) for Deficient Materials Penalties Assessed ODOT Invitation No. 018-23 15 Any credits or payments due back to the ODOT because of deficient materials having been received will be tracked and the cumulative total of said credits will be paid by check. The payment of said credit shall be made payable to the Treasurer, State of Ohio in the case of ODOT, for the appropriate amount to be credited back to the Receiving Agency. The payment for such credits shall occur within 15 business days after the contract end date. ODOT will allow an interim payment date to occur at the end of the Vendors Fiscal calendar year, to keep such credits within the Vendors Fiscal calendar year. At the discretion of the ODOT, a credit memo may be applied for the established payment date(s) listed above, in lieu of a check. This shall be addressed with the Office of Project Accounting. ODOT and the vendor shall come to an agreement to accept a credit memo by October 1, 2022. The vendor shall also notify ODOT of the Fiscal calendar end date if they choose to provide the interim payment. Local Municipalities Any invoice credits or payments due back to the Receiving Agency because of deficient materials having been received must be issued by the awarded vendor within thirty (30) days of notification. If an invoice including delivered salt materials found to be deficient has already been paid by the Receiving Agency, the Vendor must either apply the credit to another invoice due for payment or issue a check for the appropriate amount to be credited back to the Receiving Agency. Please Note: In lieu of monetary payments/invoice credits, the Vendor may offer the Receiving Agency additional salt quantities as payment for deficient materials penalties. It is at the sole discretion of the Receiving Agency to approve or deny the Vendor’s offer. In the case of ODOT, these offers for additional salt quantities in lieu of monetary payments/invoice credits must be sent to the Office of Contract Sales, Purchasing Section via email to: Contracts.Purchasing@dot.ohio.gov Section 9: ODOT Cooperative Purchasing Program 9.1. Political Subdivision Participants in Cooperative Purchasing Program In accordance with Ohio Revised Code 5513.01, the Director of ODOT may permit Political Subdivisions, State agencies, Ohio Turnpike and Infrastructure Commission, and state universities and colleges (collectively the “agencies” and “Political Subdivisions” for the purposes of this section) to participate in bidding opportunities and/or contracts awarded by the Department. As such, by submitting a response to this ITB the bidder acknowledges that it will be bound to supply, in accordance with the terms and conditions of this contract, the requested quantities of Sodium Chloride (Rock Salt) to the participating agencies/Political Subdivisions included on the Department’s pricing page (and those incorporated into this contract by formal addendum). Pursuant to Section 5513.01(B) of the Ohio Revised Code, these agencies have willingly decided to participate in this bidding opportunity and have filed binding participation agreements with the Ohio Department of Transportation, Office of Contract Sales to be bound by all terms and conditions of this agreement upon award of this ITB by the Director of ODOT. Upon award of this ITB, each Political Subdivision incorporated into this bidding opportunity will effectively have an individual contract with their awarded bidder (vendor). Subject to the conditions outlined below, Political Subdivisions understand that they are bound to purchase a minimum of 90%, and may purchase up to a maximum of 110% (120%, if available), of their individual tonnage requested. It is the sole responsibility of each Political Subdivision and their awarded salt Vendor to solve any claims or disputes that arise. The Vendor agrees to hold the State of Ohio, Department of Transportation harmless for any and all claims and disputes that may arise out of an agency’s participation in this contract. The Vendor, by submitting a bid, acknowledges that the participating agencies are intended beneficiaries under this contract and are real parties mailto:Contracts.Purchasing@dot.ohio.gov Invitation No. 018-23 16 in interest with the capacity to sue and be sued in their own name without joining the State of Ohio Department of Transportation. The Vendor will deal directly with any participating agency that is participating in this contract. All orders will then be filled in accordance with the terms and conditions of this contract, including minimum order quantities. 9.2 Political Subdivision’s Opportunity to Cancel Notwithstanding any other provision in this Contract, Political Subdivisions MAY CANCEL their requested quantities in whole within seven (7) days of the award date. This cancellation must be received by the Department through a written email request sent to the ODOT Office of Contract Sales, Purchasing Section email: Contracts.Purchasing@dot.ohio.gov by the deadline. The Department, upon receipt, will respond that it has received the request to cancel and that it has effectively removed the Political Subdivision’s participation request in whole or in part. It is the sole responsibility of the Political Subdivision to ensure ODOT has received their cancellation. The Department shall not be held responsible or liable for failure to receive a Political Subdivision’s cancellation. 9.3 Political Subdivision’s Opportunity to Reduce Quantity and Acceptance of Cancelation Fee Political Subdivision may, at any point during the term of this Contract, cancel up to 25% of their initial total order. However, there shall be a cancellation fee of $7/ton. This does not impact the 90% purchasing requirement. Thus, a Political Subdivision may still purchase only 90% of their initial total order and not be required to pay a cancellation fee. This provision does not apply to the Department as the Department does not intend to cancel any portion of its order. The Political Subdivision shall notify the awarded vendor a minimum of 10 calendar days prior to the end of the contract. However, the Political Subdivision should make every effort to determine its need for cancellation by April 1, 2023 and notify the vendor of said decision. 9.4 Vendor’s Right to Refuse Delivery In the event that a Political Subdivision becomes sixty (60) days or more delinquent on any properly submitted invoice from a Vendor, the Vendor has the right to refuse to make any further deliveries without penalty under this Agreement and/or has the right to require COD for any future deliveries, until all delinquent invoices are brought current. 9.5 Agencies Not Covered Under This Agreement An awarded vendor may allow Political Subdivisions authorized to participate in ODOT contracts that are not included in this ITB the ability to join this contract at any time throughout the duration of the agreement. If an agency is accepted by the vendor to join this agreement, only the bid prices established through this agreement shall apply. While the decision to accept additional agencies is solely up to the awarded vendor, the vendor must obtain ODOT’s approval prior to accepting any orders from an agency. Ohio Revised Code 5513.01 requires that agencies obtain the approval of the Department prior to being able to participate in its contracts. Specific requirements must be met before an agency can be approved to participate. This requirement serves to protect both the awarded vendor and the Department. mailto:Contracts.Purchasing@dot.ohio.gov Invitation No. 018-23 17 9.6 Participating Political Subdivisions The Political Subdivisions included on the Department’s Excel pricing page, including those which are added by addendum, are incorporated by reference into the requirements of this bid solicitation and any resulting contract. Upon award of this ITB, the awarded bidder will be bound to supply each Political Subdivision included in this ITB with their requested tonnage. Section 10: MBE Participation Requirement 10.1 General Definitions “Certification/Certified” means a determination made by a State agency with statutory authority to make such a certification, that a business entity is a business owned by a minority for whatever purpose. “Commercially Useful Function” is defined in accordance with 49 CFR 26.55(c) and in “Terms” Section 10.8, Numbers 3 and 4. “Commercially Useful Function (CUF) Review” means the process used to determine whether a MBE firm is performing a Commercially Useful Function. Five elements are considered: management, workforce, equipment, materials, and performance. “Control” means the ultimate and sole control of the business including, but not limited to, capital investment and all other financial matters, contract negotiations, employee selection and hiring, the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management, and operations. Control shall not include simple majority or absentee ownership. “Designated Trucking Vendor” means a non-minority trucking company that the Salt Vendor has subcontracted with to provide services in the fulfillment of this Contract. “Joint Venture” means an association of a diverse firm and one or more other diverse firms to carry out a single, for-profit business enterprise, for which each joint venture partner contributes property, capital, efforts, skills, and knowledge. And as defined in Ohio Administrative Code Section 123:2-14-05. “Minority Business Enterprise (MBE)”/ “Minority Certified Vendor”: means an individual, partnership, corporation or joint venture of any kind that is owned and controlled by U. S. Citizens and residents of Ohio, who are and have held themselves out as members of the following socially and economically disadvantaged groups: Blacks, American Indians/ Native Americans, Hispanics/Latinos, and Asians. Only businesses certified by the State of Ohio Equal Opportunity Division in accordance with Section 123.151 of the Ohio Revised Code shall be recognized as being MBE certified within the purpose of this invitation. “Salt Vendor” means the vendor awarded the invitation to bid and who has privity of contract with the Department. “Supplier” means any person or entity providing supplies, including, but not limited to, equipment, materials, printing, and insurance, and the financing of those supplies that can be procured regularly or are available on the commercial market. “Utilization Plan” means a form and additional documentation provided within twenty-one (21) business days of awarded contract that demonstrates a vendor’s proposed utilization of MBE vendors certified by a State Agency, with statutory authority to make such a certification, to meet the targeted MBE requirement. The Utilization Plan shall demonstrate that the Vendor has either: (1) met the entire contract MBE requirement or (2) requested a full or partial waiver and made Good Faith Efforts towards meeting the MBE requirement. Invitation No. 018-23 18 10.2 Contract Compliance & Non-Compliance MBE participation requirement: The Salt Vendor submits this Utilization Plan in accordance with the requirements of Invitation No. 018‐21. The Invitation contains a statewide participation requirement that a minimum of five percent (5%) of the tonnage of salt hauled per Vendor will be performed by MBE certified vendors, as defined by the State of Ohio in the “General Definitions” section (Section 10.1). The 5% MBE participation requirement applies only to the ODOT tonnage portion of the contract. It does not apply to the tonnage of local subdivisions/ agencies. The Agency encourages direct business relationships between Salt Vendors and MBE certified vendors when feasible. The direct relationship will be negotiated between the Salt Vendor and MBE certified vendor. The Agency has no role in determining when a direct relationship is used. In the event that a Salt Vendor has a Designated Trucking Vendor that subcontracts with a MBE certified vendor, the Salt Vendor is responsible for all actions of the Designated Trucking Vendor to meet the five percent (5%) MBE requirement. Adjustments of MBE percentage requirement: If the five percent (5%) MBE participation requirement is not met by the Vendor, there are three (3) courses of action: 1) Requirement is adjusted- If the Utilization Plan and Good Faith Efforts (GFE) were approved, the total percentage of salt hauled/ delivered by MBE certified vendor work in the approved Utilization Plan, shall be adjusted and the adjusted amount shall become the final contract requirement; OR 2) The Utilization Plan was approved and no GFE waiver has been issued for not meeting the five percent (5%) MBE participation requirement, ODOT may issue a notice of deficiency to the Vendor. The Vendor must respond to the Notice of Deficiency within seven (7) business days of receipt. Such response may include a specific plan to correct the deficiencies and a date for completion and/or a request for partial or total waiver of the MBE requirement. ODOT will respond to the Vendor with seven (7) business days; OR 3) If the MBE requirement cannot be reached and GFEs have been made to reach out to MBE vendors and approved by the Agency, the Vendor may substitute with a non-MBE certified vendor. After all other means to locate a MBE certified vendor have been exhausted and Step 1 or Step 2 above has been fulfilled. Monitoring the MBE participation requirements: 1) ODOT will check documentation submitted by the Salt Vendor in order to monitor progress toward meeting the requirement. 2) Documentation will be submitted weekly in a spreadsheet format and Agency will indicate which headings to include information for MBEs. (i.e. “If MBE vendor, indicate “Y”). The vendor may simply add an additional column to the weekly report in Section 7.12, indicating “Y” for orders delivered by MBE haulers. If an order is split between haulers, a second column indicating the amount delivered by the MBE hauler will also be required. 3) ODOT may request meetings with Salt Vendors as necessary to discuss progress toward meeting the MBE requirement. Invitation No. 018-23 19 10.3 Substitutions & Modifications 1) The Utilization Plan and Participation Agreement(s) may be amended after contract execution. The Salt Vendor must submit a written statement to the Agency explaining the change that was made and the reason for the change. The statement may be submitted via electronic notification (email) within forty-eight (48) hours of the change being made. 2) Vendors must negotiate with MBE certified vendors to resolve problems prior to notifying Agency. 3) The Agency will accept a written statement from the MBE certified vendor if it disagrees with not being utilized by a Salt Vendor. Upon request, the Agency will hold a meeting to address concerns as well. The written statement will remain on file with ODOT’s Office of Contracts and Division of Opportunity, Diversity, & Inclusion (ODI) for the life of the contract and will be used for evaluation purposes. Complaints can be sent to the: Ohio Department of Transportation, Opportunity Diversity & Inclusion Division, Attn: Deputy Director, 1980 W. Broad Street, Columbus, Ohio 43223. 4) Qualifying reasons for not utilizing an MBE certified vendor: a) Unavailability after receipt of reasonable notice to proceed. (Reasonable refers to the industry standard of notification). b) Failure of performance; c) Financial incapacity; d) Refusal by the MBE certified vendor to honor the bid price or scope; e) Material mistake of fact or law about the elements of the scope of work of a contract where a reasonable price cannot be agreed upon; f) Failure of the MBE certified vendor to meet insurance, licensing, or bonding requirements; g) The MBE vendor’s withdrawal of its bid; and/or h) Failure of the MBE certified vendor to maintain certification. 10.4 Utilization Plan Overview Compliance with this section is an essential part of the contract. After approval of the Utilization Plan and Participation Agreement(s) as well as the award of the contract, the Utilization Plan (including all applicable parts) becomes part of the contract. The Utilization Plan consists of the following parts, each of which must be completed and returned within twenty-one (21) business days of being awarded a contract. A contract will not be awarded to a Vendor unless that Vendor’s Utilization plan is found responsive. No alterations of these forms will be permitted: • Part I: Vendor Commitment Form (Form A- Appendix) • Part II: Subcontractor Participation Agreement(s) (Form B- Appendix) • Part III: Good Faith Efforts (GFE) (Checklist, Contact Log, and Documentation) (Forms C & D- Appendix) • Part IV: Utilization Plan Terms and Conditions (These terms apply to all options below but do not need to be returned) 10.5 Utilization Plan Part I: Commitment Form (Form A attachment) Instructions: The Salt Vendor shall acknowledge whether or not it has identified MBE certified vendor(s) to fulfill the five percent (5%) MBE participation requirement. If MBE certified vendors have not been identified to fulfill the five percent (5%) participation requirement, the Salt Vendor should indicate that on Form A and follow the next steps outlined in Forms B, C, & D. Invitation No. 018-23 20 10.6 Utilization Plan Part II: Subcontractor Participation Agreement(s) (Form B Attachment) Instructions: The Salt Vendor shall submit a separate, signed, and fully completed Participation Agreement from each Minority Business Enterprise (MBE) certified vendor. Once signed and submitted with the bid, this Participation Agreement, along with other Parts of this Utilization Plan, will become a mandated part of the contract, if awarded. The Salt Vendor shall not prohibit or otherwise limit the MBE certified vendor(s) from negotiating with other potential bidders/offerors. An agreement between a Salt Vendor and an MBE certified vendor in which the MBE certified vendor promises not to provide subcontracting to, or negotiate with, other Salt Vendors/ Trucking Vendors is prohibited. 10.7 Utilization Plan Part III: Good Faith Efforts (GFE) (Checklist, Contact Log, and Documentation) & Request for Waiver (Forms C & D attachments) - To be completed by the Salt Vendor and submitted within twenty-one (21) business days of awarded bid. Instructions: If the five percent (5%) MBE participation requirement is not achieved in whole or part, the Good Faith Efforts Procedures outlined Form C in the Appendix of this document will be used to evaluate submitted Utilization Plans. A Vendor providing Good Faith Effort documentation and a request for a waiver must complete and submit Section 10.4 of this document in its entirety. Form C contains a checklist of actions that will be used to evaluate a Vendor’s Demonstration of Good Faith Efforts and Request for Waiver. Please check the action(s) which have been completed. If any of the actions are not completed, please attach a detailed written explanation indicating why such action was not completed. If additional efforts were made to obtain MBE certified vendor participation, not listed on Form C, please attached a detailed description of such efforts. 10.8 Utilization Plan Part IV: Terms & Conditions 1. Joint Venture: Where there is a Joint Venture between a certified and non-certified MBE vendor or between two or more MBE vendors, the Utilization Plan must include an executed Joint Venture Agreement specifying the terms and conditions of the relationship between the parties and their rights and responsibilities to the prospective contract. 2. MBE Certified Vendor Locator Reference: To be included in the Utilization Plan, MBE companies must be certified by the State of Ohio at the time of bid. Vendors / Designated Trucking Vendor may utilize the MBE directory included with this invitation and/or utilize the State of Ohio’s MBE directory located at: https://eodreporting.oit.ohio.gov/mbe-certification. At this link, click on the drop-down arrow in the “Business Type” box, and look for the following categories:  Construction (Trucking/Hauling Services)*  Freight Transportation  Construction (Commercial)  Construction (Demolition Services)  Transportation Services *NOTE: Most trucking companies are listed under the “Trucking/Hauling Services” category. 3. Commercially Useful Function: The Salt Vendor shall count toward the MBE requirement only expenditures to MBE firms that perform a Commercially Useful Function- constituting direct participation in the work of the contract and services that are necessary to the work https://eodreporting.oit.ohio.gov/mbe-certification Invitation No. 018-23 21 of the contract. Ineligible expenditures include, but are not limited to, general office overhead and other Vendor support activities. An MBE certified vendor is considered to perform a Commercially Useful Function (“CUF”) when it is responsible for the execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. The MBE certified vendor must also be responsible, with respect to materials or supplies used on the contract, for negotiating price. If it is suspected that a MBE vendor is not performing CUF, ODOT shall request that the Ohio Department of Administrative Services (DAS) conduct a “CUF Review” and determine a course of action if it is determined that CUF is not being performed. 4. An MBE certified vendor does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction or contract through which funds are passed through to obtain MBE certified vendor participation. In determining whether a MBE certified vendor is such an extra participant, ODOT shall refer to the results of the CUF Review performed by the Ohio Department of Administrative Services. ODOT may also examine industry practices and similar transactions in which MBE certified vendors actually participate in a meaningful way. (the remainder of this page has been left intentionally blank) Invitation No. 018-23 22 APPENDIX FORM A Utilization Plan Part I Vendor Commitment Form (Please complete within twenty-one (21) business days of awarded bid) The Undersigned Vendor acknowledges that: (1) the Vendor has read, understands, and agrees to MBE Participation as defined in the Definitions and Terms of this Invitation and (2) Vendor hereby affirms (select one of the options below):  Vendor has identified MBE certified subcontractor(s) to fully meet, or exceed, the established MBE 5% requirement. (Return this Part 1 page and signed Part II Subcontractor Participation Agreement(s)).  Vendor cannot fully meet the MBE requirement but has made Good Faith Effort towards meeting the MBE requirement, and hereby requests a waiver or reduction of the five 5% MBE requirement based on the completed Good Faith Efforts. (If requesting a waiver, return this Part 1 Utilization Plan and Part III Good Faith Efforts). The Undersigned Vendor understands that all subcontractors identified in this Utilization Plan and Participation Agreement(s) must be MBE certified with the State of Ohio at the time of submission of all bids and shall perform commercially useful functions as defined in Part IV of this Utilization Plan. We understand that compliance with this Utilization Plan is a managed part of this solicitation and this Utilization Plan will become a part of the contract, if awarded. Vendor Name and d/b/a: _______________________________________________________________ Print: _______________________________________________________________________ ______ Title: _____________________________________ Telephone: ____________________________ Email address: _______________________________________________________________________ Invitation No. 018-23 23 APPENDIX FORM B Utilization Plan Part II Participation Agreement (Letter of Intent) Please complete and within twenty-one (21) business days of awarded bid. Name of Salt Vendor: ___________________________________________________________________________ ________ Address: ___________________________________________________________________________ City, State, Zip: ______________________________________________________________________ Telephone: ______________ Fax: ______________ Email: ________________________________ Salt Vendor’s responsible for compliance with this Participation Agreement (Name & Title): ___________________________________________________________________________ ________ Name of MBE Certified Vendor: _________________________________________________________ Address: ___________________________________________________________________ City, State, and Zip: ___________________________________________________________________ Telephone: ______________ Fax: ______________ Email: ________________________________ (A) Anticipated start date of the Certified MBE Vendor: ______________________________________. (B) This participation agreement shall have a term of _______________________ to _______________, including renewals, change orders, or extensions to the underlying contract. (C) Description of Work to be performed or goods/equipment to be provided by the MBE certified vendor. Invitation No. 018-23 24 THE UNDERSIGNED PARTIES FURTHER AGREE that once signed and submitted with the bid, this Participation Agreement, along with other Parts of this Utilization Plan, will become a material part of the contract. The Undersigned Parties do also certify that they did not affix their signatures to this document until all areas under Description of Service were completed. ____________________________________ ______________________________________ Salt Vendor MBE Certified Vendor ____________________________________ ______________________________________ Name (Signature) Name (Signature) ____________________________________ ______________________________________ Name (Print) Name (Print) _____________________________ ______ ______________________________ _______ Title Date Title Date Invitation No. 018-23 25 APPENDIX FORM C Utilization Plan Part III CERTIFICATE OF GOOD FAITH EFFORTS CHECKLIST (Please complete and submit within twenty-one (21) business days of awarded bid) _____ Bidder has utilized the directory of MBE certified companies provided with this invitation and/or the State of Ohio directory of MBE certified companies- https://eodreporting.oit.ohio.gov/mbe-certification- to identity potential MBE vendors. At a minimum, emails to potential MBE vendors with project specifications to build a quote, then a request for quotes from MBE vendors that express an interest, and follow up emails and telephone calls to MBE vendors. Documentation of these efforts must be submitted as evidence, including copies of all emails sent. _____ Bidder has posted information on their company website. _____ Bidder has attended informational session(s) that was/were scheduled by Agency to inform MBE certified companies of subcontracting opportunities. _____ Bidder Vendor has provided written notice to specific MBE certified companies that their interest in the contract was being solicited and allowed sufficient time for the MBEs to respond & participate. _____ Bidder has contacted or responded to MBEs that expressed interest to determine with certainty whether they were in fact interested. _____ Bidder has selected portions of the work to be performed for MBE participation based on the availability of MBE certified companies listed in the State of Ohio directory of MBE certified companies and the list of certified MBEs provided with this invitation. _____ Bidder has provided interested MBE certified companies with information about the specifications, and requirements of the project. _____ Bidder has negotiated in good faith with interested MBE certified companies for specific portions of the work to be performed on this project and has investigated the capabilities of MBE certified vendors and did not reject them as unqualified without documented reasons. [Please note: MBE certified vendors’ memberships in specific groups, organizations, associations, or political/social affiliations are not legitimate causes for the rejection or non-solicitation of bids and proposals in Vendor’s efforts to meet the MBE requirement]. _____ Bidder has considered the allowance of Joint Venture or Partnership Agreements between MBE certified companies in order to increase the pool of trucks available for use. _____ Bidder has used the services of minority community organizations, minority contractor groups, or governmental minority business assistance offices (if needed). https://eodreporting.oit.ohio.gov/mbe-certification Invitation No. 018-23 26 _____ Upon request, bidder provides the Agency a copy of a list of minority business enterprises (MBEs) the bidder has reached out to and when. Please describe any additional or other efforts Bidder has taken which were used to obtain MBE participation in this contract. Add additional pages as necessary. Invitation No. 018-23 27 APPENDIX FORM D Utilization Plan Part III CERTIFICATE OF GOOD FAITH EFFORTS CONTACT LOG (Please complete within twenty-one (21) business days of awarded bid) Feel free to use this log, in addition to evidence provided per the Good Faith Efforts checklist, and make copies as needed. Certified MBE company Name of Person contacted Date Contact Method Scope of Work solicited Reason agreement could not be reached Invitation No. 018-23 28 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/018pricing.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/018pricing.xlsx Invitation No. 018-23 29 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 In addition to posting on the above website, the Department also may email addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s http://ohiosharedservices.ohio.gov/SupplierOperations/Forms.aspx mailto:contracts.purchasing@dot.ohio.gov https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/UpITBs.aspx Invitation No. 018-23 30 failure to receive the email with the addenda information. It is the sole responsibility of all interested bidders to diligently visit the above-listed website to see if any addenda have been issued prior to submitting their bid to the Department. Those interested in obtaining addenda information via email for a particular procurement must send the Department its request in writing to the following email address: Contracts.Purchasing@dot.ohio.gov 6. PRE-BID CONFERENCES: The Department reserves the right to hold mandatory or optional pre-bid conferences at its discretion. Conferences may be held either in-person or via webinar/phone conference formats. Bidders will be required to sign-in at all pre-bid conferences. The sign-in sheet for all pre-bid conferences is considered a public record, will be kept in the bid file, and will be shared with any requesting party. Additionally, any business cards collected during any pre-bid conference shall be considered public records and may be distributed out to all conference attendees. Any changes to the requirements or specifications of a procurement, as a result of the pre-bid conference content, will be made by written addendum and publicly posted. For mandatory pre-bid conferences, the Department requires that those companies intending on submitting a bid be in attendance for the entire duration of the pre-bid conference. Mandatory pre-bid conferences will officially begin five (5) minutes after the scheduled date and start time at the location specified in the Special Terms and Conditions. Those bidders not in attendance at that time will be considered ineligible to submit a bid. The conference will be considered adjourned and complete when a representative of the Office of Contract Sales, Purchasing Services section indicates so. To be considered in attendance and eligible to bid, a bidder must have at least one representative of the company in attendance. A single representative cannot be present on behalf of two or more companies (bidders). Each company (bidder) must send its own representative on behalf of their organization. It is the sole responsibility of the bidder to ensure that the representative follows the sign-in procedures to properly document the bidder’s attendance. The Department shall not be held responsible for a bidder’s failure to arrive at the meeting on time, properly sign-in, or failure to stay for the entire duration of the meeting. 7. WHERE BIDS MUST BE DELIVERED TO: contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted. 8. LATE BIDS: A bid received after 1:00 p.m. eastern time, on the bid submission deadline (bid opening date) established, shall be deemed “Late” and will not be considered for award of this procurement. The late bid package will be marked as late, remain sealed, and will be kept in the Department’s bid file to serve as official record of a late bid having been received. Note: The Office of Contract Sales, Purchasing Services timeclock takes precedence over any other timekeeping device (e.g. cell phones, other ODOT clocks, wrist watches, etc.) and will be utilized by the Department to determine whether or not a bid was received by the 1:00 p.m. deadline. 9. PUBLIC BID OPENING PROCEDURE: Due to the current Covid-19 global pandemic, Public bid openings are suspended. 10. BIDS FIRM: Once opened, all bids are firm and cannot be altered by the bidder. Once a Contract is awarded and executed, the Vendor shall deliver all products and/or services at the bid prices and terms contained in the Contract. All submitted bids shall remain valid for a period of sixty (60) calendar days after the date of the public bid opening. Beyond sixty (60) calendar days, bidders will have the option to either honor their submitted bid or make a written request to withdraw their bid from consideration. The Ohio Department of Transportation shall receive the benefit of any decrease in price during the sixty (60) day period. 11. WITHDRAWAL OF BIDS: A bidder may, by way of written notice to the Purchasing Services section, request to withdraw their bid response prior to the bid submission deadline. The request must be received by the Purchasing Services Section PRIOR to the start of the public bid opening (beginning at 1:01 p.m.) on the date of the bid submission deadline. Such written notice must set forth the specific reasons for the bid withdrawal. For requests to withdrawal a bid after the bid opening has begun, the bidder may request to withdraw their bid response from consideration if the unit bid price(s) submitted are unreasonably lower than the other bids received, provided the bid was submitted in good faith, and the reason for the unit bid price(s) being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission mailto:Contracts.Purchasing@dot.ohio.gov mailto:contracts.purchasing@dot.ohio.gov Invitation No. 018-23 31 of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw after the bid opening must be received by the Purchasing Services section within no later than forty-eight (48) hours of the scheduled bid opening. The decision to allow a bid to be withdrawn is at the sole discretion of the Purchasing Services section. If the bid is to be awarded by category, lot, or group the withdrawal request will apply to all items within the category, lot, or group. All documents and conversations relating to any withdrawal request will become a part of the permanent bid file. 12. MODIFICATION OF SUBMITTED BIDS PRIOR TO BID OPENING: A bidder may request to modify their bid response prior to the scheduled date and time set for the public bid opening (i.e. bid submission deadline). To modify a bid response, the bidder must provide an alternate, complete bid package containing all required forms and necessary documents. The alternate bid package must have in the email subject line “REVISED”. 13. UNIT BID PRICES: The unit bid price(s) submitted shall govern the award of this procurement unless otherwise specified in the bid evaluation criteria. The unit bid price should be entered for each required bid item on the Department’s pricing page. Use of ditto marks, arrows, or other markings in lieu of the actual unit price may result in a non-responsive bid determination. Lot or group prices listed in the unit bid price area shall be considered as the unit price unless clearly identified as the lot price. Unless specifically allowed in the contract’s terms and conditions, requests to change or alter unit bid prices after the public bid opening are prohibited. The following requirements also apply to unit bid prices: a. DECIMAL POINT: Bidders should not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not recognized by the Department for the purposes of bid evaluation or contract award. b. CREDIT CARD FEES: Bidders must incorporate into their unit bid price(s) submitted all costs and fees associated with the State’s use of a payment (credit) card. c. DISCOUNTS: While bidders may offer to the Department discounts for prompt payment and other similar incentives, discounts and incentives these will not be used to alter the submitted unit bid price(s) for purposes of bid evaluation and contract award. This section only applies to bids awarded to the lowest responsive and responsible bidder either by individual bid item or group of bid items and does not include bids which are awarded to all responsive and responsible bidders (i.e. Multiple Award Contracts). d. MULTIPLE AWARD CONTRACTS: Pursuant to Ohio Revised Code 5513.02, the Department may award Contracts to all responsive and responsible bidders for articles (i.e. bid items) meeting the general specifications provided. These are referenced by the Department as ‘Multiple Award Contracts’. Unit bid prices submitted for Multiple Award Contracts shall be considered by the Department as an amount-not-to-exceed unit bid price for the entire duration of the Contract. These awarded, amount-not-to-exceed bid prices often do not reflect potential quantity discounts, freight discounts, nor other similar discounts/incentives offered periodically by a distributor, manufacturer, or supplier. Where like or similar bid items are being offered by two or more awarded Vendors (bidders) on the awarded Contract, the Department reserves the right to obtain quotes from all awarded bidders on the Contract in order to achieve the best and most up-to-date pricing available to the Department at the time of ordering. e. UNBALANCED BIDS: The Department will not accept unit bid prices that are deemed to be either materially or mathematically unbalanced. The final determination of an unbalanced unit bid price shall be at the Department’s sole discretion. f. TIE BID PROCESS: If two or more responsive bids offer the same unit bid price, ODOT may break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given up to three (3) business days to submit a written revised unit price for the affected item or items. Bidders are not required to submit a revised unit price. In the event a tie still exists after the above-prescribed deadline has passed, ODOT will schedule a coin flip to be Invitation No. 018-23 32 conducted in the presence of both bidders. The winner of the coin flip will be deemed awarded the affected bid item(s). 14. PREFERENCE FOR OHIO/BORDER STATE PRODUCTS: The bid award for this procurement may be subject to the domestic preference provisions of the Buy America Act, 41 U.S.C.A., 10a-10d, as amended, and to the preference for Ohio products under O.R.C. Sections 125.09 and 125.11 and Ohio Administrative Code Rule 123:5-1-06. A bidder must complete the enclosed Ohio Bid Preference Certification Statement form to be eligible to receive any applicable bid preferences. 15. RESPONSIVE BIDDER: A bidder is responsive if its bid responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the bidder an unfair competitive advantage. 16. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The Department either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Department. 17. BIDDER RESPONSIBILITY: The Department will only award this procurement to what it deems to be a responsible bidder. The Department’s determination of a bidder’s responsibility includes, but is not limited to, the following factors: a) experience of the bidder; b) bidder’s financial condition; c) bidder’s conduct and performance on previous contracts; d) the bidder’s facilities; e) the bidder’s management skills; f) the bidder’s employees; g) past experience and/or quality of bidder’s proposed subcontractors; h) the bidder’s ability to execute the contract; i) review of Federal and Department debarment lists; j) bidder has history of successful performance on contracts of similar size and scope; and k) current or impending legal actions against a bidder. 18. APPARENT CLERICAL MISTAKES: Clerical mistakes apparent on the face of the bid may be corrected, at the Department’s discretion, before contract award. The Department first shall obtain from the bidder a verification of the information intended and will attach written verification of the mistake by the bidder in the contract file and award documents. Example of apparent clerical mistakes are: (1) Obvious misplacement of a decimal point or comma; (2) Obvious incorrect discount factor; or (3) Transcription error in Part Number. 19. ADDITIONAL INFORMATION: The Department reserves the right to request additional information to evaluate a bidder’s responsiveness to the procurement’s requirements and/or to evaluate a bidder’s overall responsibility. These requests may require the bidder’s submission of confidential materials (e.g. financial statements). If a bidder does not provide all of the requested information within the prescribed timeframe, the Department may find the bid non-responsive and ineligible for award. 20. PRODUCT SAMPLES: The Department may require bidders, by procurement or by request during bid evaluation, to provide sample supplies or equipment or examples of work, at the Bidder’s expense. Samples must clearly identify the Bidder, the bid number, and the item the sample represents in the bid. The Department will return samples that are not destroyed by testing, at the Bidder's expense, upon the Bidder’s timely request. The Department may keep the samples of the Bidder awarded the contract until the completion of the contract. Unsolicited samples submitted in response to this procurement will not be evaluated and the Department may dispose of them in any way it chooses. Invitation No. 018-23 33 21. SPECIFICATIONS: The Department is authorized by Sections 5513 and/or 125.02(B) of the Ohio Revised Code to prepare specifications and establish contracts to obtain the supplies, equipment, and/or services referenced within this procurement. The purpose of the provided specifications is to describe the supplies, equipment, and/or services to be purchased and will serve as a fair and equitable basis for comparison of submitted bids. The Department may use any form of specification it determines to be in the best interest of the Department and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the department determines that a design, performance or a combination specification is not in the best interest of the Department, it may use brand name or equal specifications. Unless otherwise specified in this procurement, all products, equipment, supplies, etc. offered by bidders must be in a new condition. A ‘new’ product is one that will be first used by the Department after it has been manufactured or produced. Used, reconditioned, or previously titled products, supplies, or equipment will not be considered for award of this procurement. The Department uses qualified products list (QPL) and/or approved products lists (APL) developed by either itself or other qualified institutions to specify acceptable products and supplies that have been through proper application and testing procedures to verify conformance with technical and/or performance specifications. Where the Department requires products and supplies to be included on a specific QPL/APL listing, the Department will not accept bids for products/supplies that are not included on a specified QPL/APL at the time of public bid opening. A bidder may not be compensated for damages arising from inaccurate or incomplete information in the procurement specifications or from inaccurate assumptions based upon the specifications. 22. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make, or manufacturer does not restrict bidders to the specific brand, make, or manufacturer named, but conveys the general style, type, cha