ODNR, Division Of Oil & Gas Resources Management - Surveyor Equipment
| Agency: | State Government of Ohio |
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| State: | Ohio |
| Type of Government: | State & Local |
| NAICS Category: |
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| Posted Date: | Mar 14, 2025 |
| Due Date: | Mar 26, 2025 |
| Solicitation No: | SRC0000028149 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
| Solicitation ID: | SRC0000028149 |
| Solicitation Name: | ODNR, Division Of Oil & Gas Resources Management - Surveyor Equipment |
| Original Begin Date: | 2/13/2025 11:09:00 AM |
| Begin Date: | 3/14/2025 11:01:51 AM |
| End Date: | 3/26/2025 12:00:00 PM |
| Inquiry End Date: | 3/21/2025 4:00:00 PM |
| Commodity: | Total station |
| MBE Set Aside: | MBE Set Aside |
| Agency: | DNR900200 OIL AND GAS DNRFRA |
| Solicitation Status: | Open for Bidding |
| Solicitation Type: | Quick Quote |
Solicitation General Information
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In an MBE set-aside solicitation, only those bidders/suppliers with an active MBE certification at the time the solicitation closes can submit a response
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Solicitation ID
SRC0000028149
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Solicitation Name
ODNR, Division Of Oil & Gas Resources Management - Surveyor Equipment
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RFx Type
Quick Quote
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Lot #
1
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Solicitation Status
Open for Bidding
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Round #
3
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MBE Set Aside
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Begin Date
3/14/2025 11:01:51 AM (EST)
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Amendment?
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End Date
3/26/2025 12:00:00 PM (EST)
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Inquiry End Date
3/21/2025 4:00:00 PM
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Summary
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Process
Awarded to the Lowest Responsive and Responsible. |
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Ship To
P002441 DNR Division of Oil & Gas DOGRM CENTRAL Columbus
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1 Record(s)
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0 Record(s)
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Solicitation Documents
1 Record(s)
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Attachment Preview
STATE OF OHIO
STANDARD TERMS AND CONDITIONS
I. GLOSSARY
The following definitions are applicable to all components of the Contract:
A. Acceptance: Approval and retention by the Ordering Agency of any products, supplies, services or other
Deliverables, delivered to fulfill Contract requirements.
B. Contracting Agency: The agency with which the Contractor enters into the Contract and that has the
authority to enforce the Terms and Conditions of this Contract. The Contracting Agency may also be the
Ordering Agency.
C. Default: The omission or failure to perform any obligation under this Contract.
D. Deliverable: Any Contractor-provided products, supplies, services, work or product described in the
specifications of the Contract.
E. Ordering Agency: The entity that purchases and accepts the products, supplies, services or other Deliverables
under this Contract and that is responsible for payment. The Ordering Agency may also be the Contracting
Agency.
F. State: The State of Ohio, which may include the Contracting and/or Ordering Agency as applicable.
G. State Data: All data and information provided by, created by, created for, or related to the activities of the
State and any information from, to, or related to all persons that conduct business or personal activities with
the State, including, but not limited to Sensitive Data. Sensitive Data means any type of data that presents a
high or moderate degree of risk if released, disclosed, modified or deleted or disclosed without authorization.
Sensitive Data includes, but is not limited to:
1. Certain types of personally identifiable information (PII) that is also sensitive, such as medical information,
social security numbers, and financial account numbers;
2. Federal Tax Information (FTI) under IRS Publication 1075;
3. Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA);
4. Criminal Justice Information (CJI) under the Federal Bureau of Investigation’s Criminal Justice Information
Services (CJIS) Security Policy and the Law Enforcement Automated Data System (LEADS) Policy; and
5. Other types of information not associated with an individual such as security and infrastructure records,
trade secrets, and business bank account information.
H. Time and Materials Contract: A contract in which Contractor is paid the following: (1) an hourly rate for labor
actually performed; and (2) if applicable and with prior approval by the Ordering Agency, for the cost of the
materials or supplies actually used by the Contractor. Such rates and costs shall be established through
Contractor’s submission of a price sheet, written quote, estimate, or invoice, as approved by the State. Hourly
rates may include wages, overhead, general and administrative expenses, and reasonable profit. Materials
or supplies may include the Contractor’s direct and indirect costs attributable to the work performed.
II. REGULATORY CONTRACT REQUIREMENTS
A. ANTITRUST. The State and the Contractor recognize that, in actual economic practice, overcharges resulting
from antitrust violations are usually borne by the State. The Contractor therefore assigns to the State all state
and federal antitrust claims and causes of action that the Contractor has or acquires relating to the goods and
services acquired under this Contract.
B. APPROPRIATION OF FUNDS. The State’s funds are contingent upon the availability of lawful appropriations.
If the General Assembly or any third-party who is providing funding fails at any time to continue funding for
the payments or any other obligations due by the State under this Contract, the State will be released from its
obligations on the date funding expires. If appropriations are approved, the State may continue this Contract
past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of the
State are subject to Section 126.07 of the Ohio Revised Code.
C. CAMPAIGN CONTRIBUTIONS. Unless this Contract was solicited by competitive bid pursuant to Section
125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance
with Section 3517.13 of the Ohio Revised Code.
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STATE OF OHIO
STANDARD TERMS AND CONDITIONS
D. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all
applicable federal, state, local laws and Executive Orders while performing under this Contract.
E. CONFLICT OF INTEREST/ETHICS. Contractor represents, warrants and certifies that it and its employees
engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio
Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43
of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor
any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of
interest.
F. CONTRACTOR’S WARRANTY AGAINST AN UNRESOLVED FINDING FOR RECOVERY. The Contractor
warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to Section 9.24 of
the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is
void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.
G. DEBARMENT. Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred
from consideration for contract awards by any governmental agency. If this representation and warranty is
found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid
under this Contract.
H. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws
regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees,
while working on State property or performing work on behalf of the State, will not purchase, transfer, use, be
under the influence of, or possess illegal drugs, non-medical cannabis (recreational marijuana), or alcohol, or
abuse prescription drugs or medical marijuana in any way.
I. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding
equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio
Revised Code and all related Executive Orders.
Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved
by the State of Ohio.
J. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES. No State
Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of
the United States or that allows State Data to be sent, taken, accessed, tested, maintained, backed-up, stored,
or made available remotely outside (located) of the United States, unless a duly signed waiver from the State
has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover
any funds paid for services the Contractor performs outside of the United States for which it did not receive a
waiver. The State does not waive any other rights and remedies provided to the State in the Contract.
Further, no State agency, board, commission, State educational institution, or pension fund will make any
purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this
Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in
a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire
when the applicable Executive Order is no longer effective.
The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the
Contractor understands and will meet the requirements of the above prohibition. During the performance of
this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form,
Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.
K. GOVERNING LAW. This Contract shall be governed by the laws of the State of Ohio, and the venue for any
disputes will be exclusively with the appropriate court in Franklin County, Ohio.
L. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor
is an independent contractor and is not an agent, servant, or employee of the State. Contractor declares that
it is engaged as an independent business and has complied with all applicable federal, state, and local laws
regarding business permits and licenses of any kind, including, but not limited to, any insurance coverage,
workers’ compensation, or unemployment compensation that is required in the normal course of business and
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STATE OF OHIO
STANDARD TERMS AND CONDITIONS
will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor
understands that as an independent contractor, it is not a public employee and is not entitled to contributions
from the State to any public employee retirement system.
Contractor acknowledges and agrees that any individual providing personal services under this Contract is
not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a “business
entity” as that term is defined in Section 145.037 of the Ohio Revised Code (“an entity with five or more
employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship,
or other entity engaged in business”), Contractor shall have any individual performing services under the
Contract complete and submit to the Ordering Agency the Independent Contractor/Worker Acknowledgement
form, available at https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf.
Contractor’s failure to complete and submit the Independent Contractor/Worker Acknowledgement form at the
time Contractor executes this Contract shall serve as Contractor’s certification that Contractor is a “business
entity” as that term is defined in Section 145.037 of the Ohio Revised Code.
M. REGISTRATION WITH THE SECRETARY OF STATE. Contractor certifies that it is one of the following:
1. A company that is properly registered with the Ohio Secretary of State; or
2. A foreign corporation, not incorporated under the laws of the State of Ohio, but is registered with the Ohio
Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or
3. Exempt from the registration requirements of the Ohio Secretary of State.
N. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, the State is exempt from sales tax. Pursuant
to Section 5741.02(C) of the Ohio Revised Code, the State is exempt from use tax.
O. TRADE. Pursuant to Section 9.76(B) of the Ohio Revised Code, Contractor warrants that Contractor is not
boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do
so during the Contract period.
The State of Ohio does not acquire supplies or services that cannot be imported lawfully into the United States
or transact business with any entity or individual subject to financial sanctions imposed by the United States.
The Contractor certifies that it, its subcontractors, and any agent of the Contractor or its subcontractors, will
acquire any supplies or services in accordance with all trade control laws, regulations or orders of the United
States, including the prohibited source regulations set forth in subpart 25.7, Prohibited Sources, of the Federal
Acquisition Regulation and any sanctions administered or enforced by the U.S. Department of Treasury’s
Office of Foreign Assets Control. A list of those entities and individuals subject to sanctions can be found at
https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-
persons-list-sdn-human-readable-lists. These sanctions generally preclude most transactions involving Cuba,
Iran, and Sudan, and most imports from Burma or North Korea.
P. USE OF MBE AND EDGE VENDORS. Section 125.081 of the Ohio Revised Code requires State agencies
to set-aside purchases for Minority Business Enterprises (MBE) and Executive Order 2008-13S encourages
use of Encouraging Diversity, Growth and Equity (EDGE) businesses. Therefore, the State encourages the
Contractor to purchase goods and services from Ohio certified MBE and EDGE vendors.
Q. LEGAL REPRESENTATION AND RIGHTS. The Ohio Attorney General is the chief law officer for the State
of Ohio, its agencies, boards and commissions, and only the Ohio Attorney General has the authority to
appoint outside legal counsel to represent the State. Contractor agrees that any provisions in this Contract or
any documents incorporated by reference that provide or allow for outside legal representation to defend or
settle claims on behalf of the State or provide for a third party to have sole control of a defense or settlement
of a claim do not meet the requirements of state law and are considered stricken. Contractor also agrees that,
unless specifically agreed to in writing by the State, any provisions that require or provide for a waiver of any
legal rights, remedies, or litigation defenses (i.e., waiver of a jury trial) do not meet the requirements of state
law and are considered stricken.
R. STATUTE OF LIMITATIONS. Statutes of limitations generally do not apply to actions brought by the State
and any such provisions in this Contract or in any documents incorporated by reference are considered
stricken.
III. CONTRACT CONSTRUCTION
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STATE OF OHIO
STANDARD TERMS AND CONDITIONS
A. TERM OF CONTRACT. The effective date of the Contract is the effective date stated in the Contract or the
date the Contract is fully executed, whichever is later. The Contract will remain in effect until the earliest of:
(1) the ending date stated in the Contract; (2) the Contract is fully performed by both parties; (3) the Contract
is canceled or terminated; or (4) the Contract expires at the end of a biennium unless continued by the State.
Notwithstanding the foregoing, the expiration or early termination of this Contract will not limit the Contractor’s
continuing obligations with respect to Deliverables that the State paid for or ordered before the expiration or
termination, or limit the State’s rights in such, including any warranty services, licensed material, paid
subscriptions, the support or maintenance thereof, or other services.
This Contract may be renewed upon satisfactory performance of activities hereunder, appropriation of funds
by the Ohio General Assembly, and at the sole discretion of the State. The State will issue a notice to the
Contractor if the State decides to renew this Contract. The Contractor shall not obligate resources in
anticipation of a renewal until notice is provided.
B. CONTRACT AMENDMENTS / WAIVER.
1. AMENDMENTS. No change to any provision of this Contract will be effective unless it is in writing and
signed by the parties to the Contract. However, the State may document non-material changes in writing
and provide notice to the Contractor. Unless specifically provided otherwise in this Contract or agreed to
in writing by the Contracting or Ordering Agency, no terms or conditions included on a Contractor’s quote
or ordering document will be valid or enforceable against the State and are specifically excluded from this
Contract. Further, no “click-through,” “shrink-wrap,” “browse-wrap,” or other terms that have not been
specifically negotiated by the Contractor and the State, whether before, on, or after the date of this
Contract, will be effective to add or modify the terms of this Contract, regardless of any party’s
“acceptance” of those terms by electronic means. No State employee has the authority to modify, amend,
or supplement this Contract through electronic means.
2. WAIVER. The failure of either party at any time to demand strict performance by the other party of any of
the terms of this Contract will not be a waiver of those terms or to any other terms of this Contract. Waivers
must be in writing to be effective, and either party may at any later time demand strict performance.
C. ASSIGNMENT / DELEGATION. The Contractor must not assign any of its rights nor delegate any of its duties
under this Contract without written consent of the State. Any assignment or delegation not consented to may
be deemed void by the State.
D. BINDING EFFECT. Subject to the limitations on assignment provided elsewhere in this Contract, this Contract
will be binding upon and inure to the benefit of the respective successors and assigns of the State and the
Contractor.
E. LANGUAGE CONSTRUCTION. This Contract will be construed in accordance with the plain meaning of its
language and neither for nor against the drafting party.
F. DAYS. When this Contract refers to days, it means calendar days, unless it expressly provides otherwise.
G. HEADINGS. The headings in this Contract are for convenience only and will not affect the interpretation of
any of the Contract terms and conditions.
H. INJUNCTIVE RELIEF. Nothing in this Contract is intended to limit the State’s right to injunctive relief if such
is necessary to protect its interests or to keep it whole.
I. NOTICES. For any notice under this Contract to be effective, the notice must be made in writing and delivered
to the appropriate contact provided in the Contract.
J. ORDER OF PRIORITY. If there is any inconsistency or conflict between these Standard Terms and Conditions
and any provision incorporated by reference or included by the Contractor, these Standard Terms and
Conditions will prevail.
K. PUBLICITY. The Contractor shall not do the following without prior, written consent from the State:
1. Advertise that the Contractor is doing business with the State;
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STATE OF OHIO
STANDARD TERMS AND CONDITIONS
2. Use this Contract as a marketing or sales tool; or
3. Affix any advertisement or endorsement, including any logo, graphic, text, sound, video, and company
name, to any State-owned property, application, or website, including any website hosted by Contractor
or a third party.
L. SEVERABILITY. If any provision of the Contract or the application of any provision is held by a court to be
contrary to law, the remaining provisions of the Contract will remain in full force and effect.
M. SUBCONTRACTING. The State recognizes that it may be necessary for the Contractor to use a
subcontractor to perform a portion of the work under the Contract. In those circumstances, the Contractor shall
submit a list identifying the Contractor’s subcontractors. The Contractor may not enter into subcontracts
related to the Contract after award without written approval from the State. If any change occurs during the
term of the Contract, that requires a change to identified subcontractors, the Contractor shall amend its list of
subcontractors and request written approval from the State. The State reserves the right to reject any
subcontractor submitted by the Contractor.
All subcontracts will be at the sole expense of the Contractor and the Contractor will be solely responsible for
payment of its subcontractors. The Contractor assumes responsibility for all sub- contracting and third-party
manufacturer work performed or product delivered under the Contract. All agreements with subcontractors
must incorporate this Contract by reference and include the following provisions: (1) the subcontractor agrees
to be bound by all applicable terms and conditions of this Contract; and (2) the terms of this Contract prevail
over any conflicting terms of the agreement with the subcontractor. The Contractor will be the sole point of
contact with regard to all contractual matters.
N. SURVIVORSHIP. All sections herein relating to payment, confidentiality, license and ownership,
indemnification, maintenance, publicity, warranties and limitations on damages shall survive the termination
of this Contract. In addition, to the extent necessary to carry out the purpose of this Contract, all other terms,
conditions, representations or warranties contained in this Contract will survive the expiration or termination
of this Contract.
O. COUNTERPARTS. This Contract may be executed simultaneously in two or more counterparts, each of which
will be deemed an original, but all of which together will constitute one and the same instrument.
IV. ORDER AND PAYMENT PROVISIONS
A. CERTIFICATION OF FUNDS/PURCHASE ORDER REQUIREMENTS. None of the duties or obligations in
this Contract are binding on the State, and the Contractor will not begin performance on this Contract, until all
of the following conditions are met:
1. All statutory provisions under the Ohio Revised Code have been met.
2. All necessary funds are made available by the appropriate Ordering Agency.
3. If required, the Controlling Board of Ohio has approved the purchase in accordance with Section 127.16
of the Ohio Revised Code.
4. If applicable, an official State of Ohio Purchase Order (P.O.) has been issued from the appropriate
Ordering Agency, which is certification that the above requirements have been met.
B. CONTRACT ORDERS. Ordering Agencies will order supplies or services under this Contract from the
Contractor directly. The Contractor may receive orders made by Ordering Agencies by telephone,
electronically, in person, payment card (if applicable) or purchase order from authorized employees of the
Ordering Agency. Neither the Ordering Agency nor the Contracting Agency will be responsible for orders
placed by unauthorized employees. The Contractor must ensure that any entity placing an order under this
Contract has the authority to do so. If Contractor accepts an order from an entity that does not have the
authority to make a purchase under this Contract, Contractor will be in breach of this Contract and the order
will not be valid under this Contract.
If Contractor’s quote or ordering document contains or incorporates by reference any terms or conditions other
than a description of the goods or scope of services and the prices for those goods and/or services, those
terms or conditions are excluded from this Contract and are of no effect.
C. INVOICE REQUIREMENTS. The Contractor or dealer, authorized to submit invoices, must submit an invoice
to the office designated in the purchase order. The Contractor will only be compensated for the Deliverables
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