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Rule 123:5-1-01 | Definitions.
As used in this division of the Administrative
Code: (A) "Agency" means a department created under
section 121.02 of the Revised Code. (B) "Auction event" means a competitive process
conducted in which prequalified responsive and responsible bidders compete to
submit the lowest price. (C) "Bid response" means all documents, whether
attached or incorporated by reference, supplied by the bidder in response to an
invitation to bid. In a reverse auction, this also includes a qualifications
summary and the lowest price submitted by the bidder during the auction
event. (D) "Bidder" means the person or firm that
submits a bid response to an invitation to bid. (E) "Biobased Content" shall be determined based
on the amount of biobased carbon in the material or product as a percentage of
weight (mass) of the total organic carbon in the material or
product. (F) "Border state" means any state that is
contiguous to Ohio and that does not impose a restriction greater than Ohio
imposes pursuant to sections 125.09 and 125.11 of the Revised Code on persons
located in Ohio selling products or services to agencies of that
state. (G) "Chief executive" means the president of
the United States, the governor of this state, the board of county
commissioners of any county, the board of township trustees of any township, or
the mayor or city manager of any municipal corporation within this
state. (H) "Competitive manner" means an open and fair
process that promotes competition among prospective bidders or offerors. The
process should be tailored to the products and services to be acquired.
Depending on the needs of the agency, the process may be an informal or formal
solicitation of bids or offers with the goal of achieving the lowest price for
the products or services to be acquired or the most advantageous contract for
the state of Ohio. Agencies may utilize similar processes for competitive
selection as defined in section 125.01 of the Revised Code. (I) "Competitive sealed proposal" means offering
of proposals in response to a request for proposal by a state agency for the
purchase of supplies and/or services. (J) "Domestic Source End Product"
means (1) An unmanufactured end
product mined or produced in the United States, or (2) An end product
manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States, exceeds fifty per cent of the
cost of all its components of foreign origin of the same class or kind as those
that the department determines are not mined, produced, or manufactured in
sufficient and reasonably available commercial quantities of a satisfactory
quality are treated as domestic. Scrap generated, collected, and prepared for
processing in the United States is considered domestic. (K) "Emergency" means any period during which
the congress of the United States or a chief executive has declared or
proclaimed that an emergency exists. (L) "eProcurement" or "eProcurement
solution" means the departments electronic, cloud-based solution
used to purchase products, supplies and services. (M) "Invitation to bid" or "ITB" means
all documents, whether attached or incorporated by reference, utilized for
soliciting bids. (N) "Offeree" means the state department, office,
institution, board, or commission who is seeking to purchase supplies and/or
services through a request for proposal. (O) "Offeror" means the person or firm which
submits a proposal in response to a request for proposal. (P) "Buy Ohio supplier" means a supplier
submitting a bid or offer offering Buy Ohio products or demonstrating
significant economic presence in Ohio or a border state. (Q) "Buy Ohio products" means products that are
mined, excavated, produced, manufactured, raised, or grown in Ohio or a border
state by a person where the input of such products, labor, skill, or other
services constitutes no less than twenty-five per cent of the manufactured
cost. With respect to mined products, such products shall be mined or excavated
in this state or a border state. (R) "Post-consumer materials" means recovered
materials that were generated by a business or consumer, have served their
intended end uses, and have been separated or diverted from solid wastes for
the purposes of collection, recycling and disposition. (S) "Pre-consumer materials" means recovered
materials that were production finished materials, products, or by products
which did not reach the consumer for whose use they were intended, and have
been diverted from solid wastes for the purposes of collection, recycling and
disposition. (T) "Produced" has the same meaning as defined
in section 125.01 of the Revised Code. (U) "Products" has the same meaning as defined in
section 125.01 of the Revised Code. (V) "Proposal" means all documents, whether
attached or incorporated by reference, supplied by the offeror in response to a
request for proposal. (W) "Purchase" has the same meaning as defined
in section 125.01 of the Revised Code. (X) "Qualifications summary" means information
required to be submitted by a bidder or offeror as part of a solicitation,
which is used to determine the bidders or offerors responsibility
and responsiveness. (Y) "Recovered materials" means waste materials
and by products that have been recovered or diverted from solid
waste. (Z) "Recycled content product" means a product
made from pre-consumer or post-consumer recovered materials whose portion of
weight or volume of recovered materials meets or exceeds the minimum content
percentage standard guidelines established by the department of administrative
services. (AA) "Request for proposal" or "RFP"
means all documents, whether attached or incorporated by reference, utilized
for soliciting proposals from offerors. (BB) "Significant Ohio economic presence" means
business organizations that: (1) Pay required taxes
to the state of Ohio or applicable border state; and (2) Are registered and
licensed to do business in the state of Ohio with the office of the secretary
of state or as required by applicable border state; and (3) Have ten or more
employees based in Ohio or the applicable border state, or seventy-five per
cent or more of their employees based in Ohio or the applicable border
state. (CC) "State agency" has the same meaning as in
section 1.60 of the Revised Code, but does not include the elected state
officers, the general assembly or any legislative agency, a court or any
judicial agency, or a state institution of higher education. (DD) "Specification" means any description of the
physical or functional characteristics or of the nature of supplies or service
to be purchased. It may include a description of any requirements for
inspecting, testing, or preparing supplies or services for
delivery. (EE) "Supplies" has the same meaning as defined in
section 125.01 of the Revised Code.
Last updated April 15, 2024 at 4:15 PM
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Rule 123:5-1-02 | Delegation of procurement authority.
The director of the department of administrative
services may delegate authority to the chief procurement officer, the state
purchasing administrator, the state printing administrator, assistant director,
deputy director, or as the director may otherwise delegate, to make purchases
for products, supplies, and/or services.
Last updated June 7, 2021 at 10:52 AM
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Rule 123:5-1-03 | Permit to make purchases when impractical through the department.
(A) No state agency other than those
excepted in sections 125.02, 125.04 and 125.041 of the Revised Code shall
procure or purchase any supplies or services, except in accordance with
sections 125.035 and 125.05 of the Revised Code. When the department of
administrative services determines that it is not possible or not advantageous
for the department to make the purchase, the department shall grant the agency
a release and permit to make the purchase. Release and permits may be granted
for a single purchase or for a group of similar or related purchases. The
department may issue a blanket release and permit to an agency for specific
types of purchases and for any length of time, not to exceed the current
biennium. Factors to consider for issuance of a release and permit include, but
are not limited to, the following: (1) The demonstrated
ability of the agency in terms of procurement knowledge and any specialized
knowledge pertinent to the procurement covered by the release; (2) The past
professional experience of the agency in exercising similar authority and the
degree and quality of professional analysis demonstrated and documented by the
agency seeking to undertake the acquisition; (3) The degree of
economy and efficiency to be achieved in meeting the state's requirements
if authority is delegated; (4) The available
resources of the department to exercise the authority if it is not delegated;
and (5) The ability of the
department to complete the purchase pursuant to competitive
selection; (B) An agency shall not proceed with the purchase until the
department has granted a specific release and permit or the purchase is covered
by a blanket release and permit. Whenever a release and permit has been
granted, the requesting agency must purchase the products, supplies, and/or
services in a competitive manner and with controlling board approval unless the
controlling board determines that such approval is not required. (C) The emergency management agency or any other state agency
participating in response and recovery activities may make procurements of
products, supplies, and/or services when an emergency as defined in paragraph
(N) of rule 123:5-1-01 of the Administrative Code arises and the purchasing and
contracting requirements contained in Chapter 125. and any requirement of
Chapter 153. of the Revised Code have been suspended by the director and the
need cannot be met through normal procurement methods. Whenever it is not
possible or feasible to obtain approval from the controlling board and/or a
release and permit from the department prior to making the purchase, the agency
may proceed with the purchase and file a report with the president of the
controlling board describing all such purchases made by the agency during the
period covered by the emergency declaration. The report shall be filed within
ninety days after the declaration expires. The emergency procurement shall be
limited to those products, supplies, and/or services necessary to resolve the
emergency.
Last updated June 7, 2021 at 10:53 AM
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Rule 123:5-1-06 | Implementation of domestic, Ohio bid preference.
(A) Bidders and offerors may claim
preferences in a procurement solicitation response for any or all of the
following: offering domestic source end products; qualification as a buy Ohio
supplier; or qualification as a veteran-friendly business enterprise, all as
described in this rule. Information furnished in the solicitation
response by the bidder or offeror shall be relied upon in making the
determination about whether a preference applies, but the state may verify such
information if necessary. Any bidder or offeror who intentionally submits false
or misleading information to receive a preference will be immediately
disqualified and may be subject to administrative or legal action. Preferences shall be applied except in those
circumstances where the director of the department of administrative services
or the directors designee determines compliance would not be in the best
interest of the state or when otherwise prohibited. (1) Buy American
preference. Bidder and offeror responses will be evaluated to determine whether
a response includes a domestic source end product for the buy American
preference. (2) Buy Ohio preference.
Bidder and offeror responses will be evaluated to give preference to all bids
and offers received from a buy Ohio supplier for products raised, grown,
produced, mined or manufactured in Ohio or a border state or for products and
services offered by a supplier demonstrating significant economic presence in
Ohio or a border state. (3) Veteran-friendly
business enterprise preference. Bidder and offeror responses will be evaluated
to give preference to all bidders and offerors who are certified
veteran-friendly business enterprises. In order to qualify for this preference,
a bidder or offer must have an active veteran-friendly business enterprise
certification at the due date and time of bid or offer. (B) Procedures for applying
preferences Following the initial evaluation and scoring, all
bids and offers will be considered for preferences. Preferences will be
calculated at a rate of five per cent for the first preference and two per cent
each for the second and third preferences. The preferences shall be summed and
applied as a total percentage for evaluation purposes. Preferences will only be applied when there is at
least one bidder or offeror that does not qualify for that particular
preference. For purposes of qualifying for a particular preference, if a bidder
or offeror fails to complete the certification for each preference, that
supplier will be deemed as not qualifying for that preference. (1) Procedure for
applying preferences to bids in response to an invitation to bid or reverse
auction: (a) For the buy American preference, if any bidder offers a
product that is not a domestic source end product, reduce the cost of any other
bidders domestic source end products offered by the applicable
percentage. (b) For the buy Ohio preference, for any qualifying buy
Ohio supplier claiming the preference, when there is at least one other bidder
that is not a buy Ohio supplier, deduct the applicable percentage from the buy
Ohio suppliers cost. (c) If the bid contains multiple line items or multiple
products, the preferences in paragraphs (B)(1)(a) and (B)(2)(b) of this rule
will be applied per line item or only for that particular product. (d) For the veteran-friendly enterprise preference, if a
bidder is a certified veteran-friendly business enterprise claiming the
preference and there are other bidders not claiming the preference, deduct the
applicable percentage from any certified veteran-friendly enterprise
bidders cost. (2) Procedure for
applying preferences to offers in response to a request for
proposals: (a) For the buy American preference, if any offeror offers
a product that is not a domestic source end product, add the applicable
percentage of the total available points to the total score of each offeror
offering a domestic source end product. (b) For the buy Ohio preference, if any offeror is a buy
Ohio supplier claiming the preference, and there is at least one other offer
that is not a buy Ohio supplier add the applicable percentage of the total
available points to each buy Ohio suppliers total score. (c) If claiming the preferences in paragraphs (B)(2)(a) and
(B)(2)(b) of this rule based on the product(s) offered, an offeror is only
eligible to receive the preference if the cost of the product(s) offered
exceeds fifty per cent of the total offered cost for products and services. A
buy Ohio supplier is eligible to receive the buy Ohio preference solely based
on its significant economic presence in Ohio or a border state regardless of
the origin of any product offered. (d) For the veteran-friendly enterprise preference, if any
offeror is a certified veteran-friendly business enterprise claiming the
preference and there is an offeror who is not claiming the preference, add the
applicable percentage of the total available points to any certified
veteran-friendly enterprise offerors total score. (3) After application of
the preferences in this rule, the director or the directors designee
shall consider for award the lowest bid or highest scoring offer as adjusted by
the preferences. If the director of the department of administrative services
or the director's designee determines that selection of the lowest bidder
or the highest scoring offeror as adjusted by the preferences would not be in
the best interests of the state, the director or the director's designee
shall propose a contract award to the lowest responsible and responsive bid or
to the offeror with the most advantageous offer. The final contract award shall be made
following further evaluation and award under rules 123:5-1-07 and 123:5-1-08 of
the Administrative Code. (C) Model system of
preferences This system of preferences as outlined in this
rule may be used voluntarily by counties, townships, and municipalities for
purchasing contracts.
Last updated July 5, 2022 at 11:26 AM
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Rule 123:5-1-07 | The invitation to bid process.
(A) At a minimum, the invitation to bid
("ITB") will include the following information: (1) Instructions and
information to bidders concerning submission of bid responses, including the
name of the agency, office, institution, board or commission requesting to
purchase products, supplies and/or services; (2) Instructions
governing communications, including but not limited to instructions for
submitting questions and posting answers electronically; (3) A description of
products, supplies and/or services to be purchased; (4) Complete and
detailed specifications pertaining to the products, supplies and/or services to
be purchased which may include, among others, the quantity to be purchased,
submission of samples, descriptive literature, technical data, or other
material deemed necessary to properly evaluate the bid response; (5) The factors and
criteria to be used in evaluating bid responses, and a description of the
evaluation procedures to be followed for award of a contract; (6) The contract terms
and conditions including any requirement for acceptable financial
assurances; (7) The date, time and
place for delivery of the response; (8) Documents that may
be incorporated by reference provided the ITB specifies where such documents
can be obtained and the documents are readily available to all
bidders; (B) Notice of invitation to
bid (1) The department shall post all invitations to bid on the
department's website or eProcurement solution. All invitations to bid
shall state the date and time by which bidder responses must be received by the
department, and the date and time the bids will be opened. (2) For ITBs set aside pursuant to section 125.081 of the
Revised Code, the invitation to bid shall be posted on the departments
website or eProcurement solution, and shall be sent electronically to the last
known email address of those competing persons whose names appear on the
certified minority business enterprise listing maintained by the
department. (C) The department may conduct
conferences to discuss an ITB in the following manner: (1) Pre-bid conferences
may be conducted prior to issuance of the ITB to discuss proposed bid
specifications. Information discussed may be used in the planning of the ITB.
Notice of pre-bid conferences shall be provided on the department's
website or eProcurement solution. (2) Bid conferences may
be conducted after issuance of the ITB to explain the procurement requirements.
Notice of a bid conference shall be provided on the departments website
or eProcurement solution. Nothing stated at the bid conference shall change the
ITB unless a change is made by written amendment. (D) Amendments to the ITB shall reference
the portions of the ITB it changes and shall be posted on the
departments website or eProcurement solution. Amendments shall be posted
within a reasonable time to allow prospective bidders to prepare bid responses.
Amendments may extend the time and date of bid opening. (E) The department shall consider the
following upon receipt of a bid response: (1) Upon receipt, each
bid response shall be time and date stamped but not opened and shall be stored
in a secure place until the time and date set for bid opening. (2) All timely bid
responses shall be opened at the time, date, and place designated in the ITB.
Pursuant to section 9.28 of the Revised Code, opened bid responses shall not be
available for public inspection until the department announces the award of a
contract based on the competitive solicitation. As set forth in paragraph
(E)(3) of this rule, material designated by the bidder as a confidential trade
secret shall accompany the bid and shall be readily separable from the bid
response in order to facilitate public inspection of the non-confidential
portion of the bid response. Prices, makes, model, catalog numbers of the items
offered, deliveries, and terms of payment shall be available for public
inspection pursuant to section 9.28 of the Revised Code regardless of any
designation to the contrary. (3) Any requests by the bidder for nondisclosure of trade
secrets or assertions by the bidder that information in its proposal, or the
entire proposal, is a trade secret shall be examined by the department to
determine the validity of the request or assertion. Bidder requests or
assertions must be in writing. If the department and bidder do not agree upon
the information identified or asserted as a trade secret, the bidder shall be
informed in writing by the department regarding what portions of the proposal
shall be disclosed. The bidder may withdraw its proposal at any time prior to
award of a contract. Bid responses shall be open to public inspection,
excluding trade secrets agreed upon by the department and bidder, upon award of
a contract. (F) Any bid response received after the
time and date set for receipt of bid responses is late. Unless permitted or
requested by the department during evaluation, any withdrawal or modification
of a bid response received after the time and date set for opening of bid
responses at the place designated for opening is late. No late bid response,
late modification, or late withdrawal will be considered unless received before
contract award, and the bid response, modification, or withdrawal would have
been timely but for the action or inaction of the state. When deemed as late, a
bid response, modification, or withdrawal shall be marked as "late",
remain sealed and shall be retained in the bid file. (G) Mistakes in ITBs (1) Correction or
withdrawal of a bid response may be permitted due to an inadvertent mistake. If
the mistake is attributable to an error in judgment, the bid response may not
be corrected. Bid correction or withdrawal by reason of an inadvertent mistake
is permissible but only if it does not affect the amount of the bid response or
otherwise give the bidder a competitive advantage. (2) A bidder may correct
mistakes discovered before the time and date set for bid opening by withdrawing
or correcting the bid response. (3) When the department
knows or has reason to conclude that a mistake has been made, the department
will request the bidder to confirm the bid response. Situations in which
confirmation will be requested include obvious, apparent errors on the face of
the bid response, or a bid response unreasonably lower than other bid responses
submitted, or a clarification of terms, conditions or specifications offered by
the bidder. (H) The department of administrative
services may award a contract in whole or in part to one or multiple bidders.
Notice of any potential partial and/or multiple bidder award shall be provided
in the ITB. (I) The department reserves the right to reject any and all
responses to an ITB in whole or in part, cancel, and/or reissue the ITB
when: (1) The products,
supplies or services are not in compliance with the requirements,
specifications, and terms and conditions set forth in the ITB; or (2) Pricing offered is
determined to be excessive in comparison with existing market conditions, or
exceeds the available funds of the procuring entity; or (3) It is determined
that awarding of any or all items will not be in the best interest of the
state. (J) Notice of award shall be provided to the successful bidder.
An apparent low bidder found not to be responsive and responsible shall be
notified of that finding and the reasons for it pursuant to section 9.312 of
the Revised Code. Notice of award shall be posted on the department's
website or eProcurement solution.
Last updated April 15, 2024 at 4:15 PM
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Rule 123:5-1-08 | The request for proposal process.
(A) At a minimum, the request for
proposal ("RFP") should include the following
information: (1) Instructions and
information to offerors concerning submission of proposals, including the name
of the agency, office, institution, board or commission requesting to purchase
products, supplies and/or services; (2) Instructions
governing communications, including but not limited instructions for submitting
questions and posting answers electronically; (3) A description of
products, supplies and/or services to be purchased and any other relevant
criteria; (4) A description of the evaluation
procedures to be followed for award of a contract; (5) The contract terms and conditions,
including any requirement for acceptable financial assurances; (6) The date, time and place for
delivery of the proposal; (7) Documents that may be incorporated
by reference provided the RFP specifies where such documents can be obtained
and the documents are readily available to all offerors; (8) A statement that the offeree
reserves the right to reject any and all proposals where the offeror takes
exception to the terms and conditions of the RFP or fails to meet the terms and
conditions, including but not limited to, standards, specifications, and
requirements as specified in the RFP. (9) A statement that the offeree
reserves the right to reject, in whole or in part, any and all proposals where
the offeree, has determined that award of a contract would not be in the best
interest of the offeree or the state. (B) As provided in the RFP, discussions
and/or negotiations may be conducted with offerors who submit proposals for the
purpose of clarification and/or correction, including any revisions that may
occur during negotiations, to assure full understanding of and responsiveness
to the requirements, terms and conditions and specifications of the RFP.
Offerors shall be accorded fair and equal treatment in any clarification and/or
correction and/or negotiation process. (C) The department shall post all requests for proposals on
the department's website or eProcurement solution. All requests for
proposals shall state the date and time by which the proposal must be received
by the department, and the date and time proposals will be opened. (D) The department may conduct conferences to discuss an
RFP in the following manner: (1) Conferences may be conducted prior to issuance of the
RFP. Information discussed may be used in the planning of the RFP. Notice of
conferences shall be provided on the department's website or eProcurement
solution. (2) Conferences may be conducted after issuance of the RFP
to explain the procurement requirements. notice of a conference shall be
provided on the department's website or eProcurement solution. nothing
stated at the conference shall change the RFP unless a change is made by
written amendment. (E) The department shall consider the following upon
receipt of a proposal: (1) Upon receipt, each proposal shall be time and date
stamped but not opened and shall be stored in a secure place until the time and
date set for the proposals opening. (2) All timely bid responses shall be opened at the time,
date, and place designated in the RFP. Pursuant to section 9.28 of the Revised
Code, opened proposals shall not be available for public inspection until the
department announces the award of a contract based on the competitive
solicitation. As set forth in paragraph (E)(3) of this rule, material
designated by the bidder as a confidential trade secret shall accompany the bid
and shall be readily separable from the bid response in order to facilitate
public inspection of the non-confidential portion of the proposal. Prices,
makes, model, catalog numbers of the items offered, deliveries, and terms of
payment shall be available for public inspection pursuant to section 9.28 of
the Revised Code regardless of any designation to the contrary. (3) Any requests by the offerors for nondisclosure of trade
secrets or assertions by the offeror that information in its proposal, or the
entire proposal, is a trade secret shall be examined by the department to
determine the validity of the request or assertion. Offeror requests or
assertions must be in writing. If the department and offeror do not agree upon
the information identified or asserted as a trade secret, the offeror shall be
informed in writing by the department regarding what portions of the proposal
shall be disclosed. The offeror may withdraw its proposal at any time prior to
award of a contract. proposals shall be open to public inspection, excluding
trade secrets agreed upon by the department and offeror, upon award of a
contract. (F) The department reserves the right to
reject any and all responses to an RFP, in whole or in part, or cancel and/or
reissue the RFP when: (1) The products,
supplies and/or services offered are not in compliance with the requirements,
specifications, and terms and conditions set forth in the RFP; or (2) Pricing offered is
considered to be excessive in comparison with existing market conditions or
exceeds the available funds of the state; or (3) It is determined
that award of a contract would not be in the best interests of the
state. (G) The department of administrative
services may award a contract in whole or in part to one or multiple offerors.
Notice of any potential partial and/or multiple party award(s) shall be
provided in the RFP. (H) Notice of an award shall be provided
to the successful offeror. Notice of an award shall be posted on the
department's website or eProcurement solution.
Last updated April 15, 2024 at 4:15 PM
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Rule 123:5-1-09 | Purchase of recycled products.
Effective:
February 29, 2016
When purchasing equipment, materials, or supplies,
the general assembly; the offices of all elected state officers; all
departments, boards, offices, commissions, agencies, institutions, including,
without limitation, state-supported institutions of higher education, and other
instrumentalities of this state; the supreme court; all courts of appeals; and
all courts of common pleas, may purchase recycled products when the recycled
product being offered is substantially equivalent to the non-recycled product,
is economically feasible, and is commercially available in quantities
sufficient to meet the needs of the procuring agency.
Last updated September 14, 2023 at 9:49 AM
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Rule 123:5-1-10 | Specification authority.
(A) The department of administrative
services shall have authority to prepare specifications for procurement of
products, supplies, and/or services. (B) The department may delegate the
authority to prepare specifications to a state agency. (C) The department or state agency
authorized to prepare said specifications may enter into a contract for
preparation of specifications as long as there is no substantial conflict of
interest and it is in the best interest of the state. Such contractor may not
provide a response or proposal for which the contractor prepared
specifications. The department retains authority to review, edit, and give
final approval of the specifications to ensure that the specifications are not
restrictive, reflect current industry trends and promote open
competition. (D) A specification is a description of
the products, supplies, and/or services that is to be purchased and what the
bidder or offeror must be responsive to in order to be considered for an award
of a contract. A specification may fall under one of the following
categories: (1) Design
specification (2) Performance
specification (3) Combination
specification (design and performance) (4) Brand name or
approved equal specification (5) Qualified products
list (E) A specification shall not include such items as the
contract terms and conditions, a requirement for time or place of bid or
proposal opening, time of delivery, payment, liquidated damages, or
qualification of bidders. (F) A design specification may be used
when it is necessary to define the need in very prescriptive terms. A design
specification must include specific details of how the item is to be
manufactured to meet the needs of the agency and may include engineering plans,
drawings, or blueprints. (G) A performance specification may be
used to describe the general performance characteristics required to achieve an
end result or desired outcome. A performance specification does not require the
bidder or offeror to comply with specific design requirements. (H) A combination specification may be
used when it is necessary to incorporate, to the extent practicable, attributes
of both design and performance specifications to meet the required
need. (I) Brand name or approved equal specifications may be used
when it is not practicable or cost-effective to prepare a design, performance,
or combination specification or when time is critical and does not permit
creation of a design, performance or combination specification. A brand name or
approved equal specification is used to establish the minimum requirements for
the products, supplies, and/or services being purchased. Use of a brand name or
approved equal specification requires a minimum of two manufacturers to be
considered as competition. Any brand name or approved equal that is offered in
response to the bid or proposal, and that meets or exceeds the minimum
requirements, will qualify for award of a contract. (J) A "Qualified Products List"
(QPL) is a list of products, supplies, OR services that have been examined and
tested and determined to have satisfied all applicable specifications and
requirements of the agency. A QPL is used to restrict bidders and offerors to
those products appearing on the list. A QPL may be used when time does not
permit development of a specification or when it is determined to be in the
best interest of the state to use a QPL. A minimum of two manufacturers of
equivalent products, supplies, or services must be solicited for inclusion on a
QPL. Examination and testing of the item or services may be completed by the
state or by any independent testing facility as determined by the department.
Use of a QPL requires prior approval from the department. (K) Brand specific specification is restrictive in that
only the listed brand will satisfy the need and may only be used when
authorized by the department of administrative services. A brand specific
specification may be used only when; (1) The identified brand
name is the only brand that is capable of satisfying the need; or (2) The identified brand
name is a component of an existing item and it is not possible to use an item
from another manufacturer to meet the need; or (3) A sufficient
inventory of items of one manufacturer are maintained and it is not
cost-effective to purchase and inventory equivalent items from different
manufacturers; and (4) A minimum of two
qualified authorized distributors are available to provide the required brand
specific supply or service. If such are not available, purchases must be
completed pursuant to section 127.16 of the Revised Code.
Last updated April 15, 2024 at 4:15 PM
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Rule 123:5-1-12 | The reverse auction process.
(A) At a minimum, the invitation to bid by reverse auction
("ITB") will contain the following information: (1) Instructions and
information to bidders concerning the submission of qualifications summaries,
including the name and address of the agency, office, institution, board or
commission requesting to purchase supplies and/or services; (2) Instructions
governing communications, including but not limited to instructions for
submitting questions and posting answers electronically; (3) A description of
products, supplies and/or services to be purchased; (4) Complete and detailed specifications pertaining to the
products, supplies and/or services to be purchased which may include, among
others, the quantity to be purchased, submission of samples, descriptive
literature, technical data, or other material deemed necessary to properly
evaluate the bid response. (5) The factors and criteria to be used in evaluating
qualification summaries and a description of the evaluation procedures to be
followed for award of a contract; (6) The contract terms and conditions
including any requirement for acceptable financial assurances; (7) The date, time and place for delivery
of the qualifications summaries; (8) The date and time of the reverse
auction. (B) The department shall post all invitations to bid by
reverse auction on the department's website or eProcurement solution. All
invitations to bid by reverse auction shall state the date and time by which
bidder qualifications summaries must be received by the department, and the
date and time the summaries will be opened. (C) Amendments to the ITB shall reference the portions of
the ITB it changes and shall be posted on the department's website or
eProcurement solution. Amendments shall be posted within a reasonable time to
allow prospective bidders to prepare bid responses. Amendments may extend the
time and date that qualification summaries will be opened. (D) The department shall consider the following upon
receipt of a qualifications summary response: (1) Upon receipt, each
qualifications summary response shall be time and date stamped but not opened
and shall be stored in a secure place until the time and date set for the
opening of qualifications summaries. (2) Qualifications
summary responses shall be opened so as to avoid disclosure of contents to
competing offerors. In order to ensure fair and impartial evaluation,
qualifications summaries and related documents submitted in response to a
reverse auction invitation to bid are not available for public inspection under
section 149.43 of the Revised Code until after the award of the
contract. (3) All timely submitted qualifications summary responses
shall be opened by the department at the time, date, and place designated in
the ITB. (4) To the extent the
bidder designates trade secrets to be confidential, material so designated
shall accompany the qualifications summary response and shall be readily
separable from the qualifications summary response to facilitate public
inspection of the non-confidential portion of the qualifications summary
response. Any requests by a bidder for nondisclosure of trade secrets or
assertions by the bidder that information in its qualifications summary is a
trade secret shall be examined by the department to determine the validity of
the request or assertion. Bidder requests or assertions must be in writing. If
the department and bidder do not agree upon the information identified or
asserted as a trade secret, the bidder shall be informed in writing by the
department regarding what portions of the qualifications summary shall be
disclosed. The bidder may withdraw its qualifications summary at any time prior
to the completion of the auction event. The qualifications summary, shall be
open to public inspection, excluding trade secrets agreed upon by the
department and bidder, upon award of a contract. (5) The signature of the
bidder on the qualifications summary shall serve as the signature for the
entire bid response. The qualifications summary shall include the names and
contact information of the persons who will serve as the authorized
representatives of the bidder during the auction event. (E) Any qualifications summary response or modification
received after the time and date set for receipt of responses is late, unless
permitted or requested by the department. When deemed as late, a qualifications
summary, response, or modification shall be marked as "late", remain
sealed and shall be retained in the bid file. (F) Mistakes in invitations to bid by reverse
auction. (1) Correction or
withdrawal of a bid response may be permitted due to an inadvertent mistake. If
the mistake is attributable to an error in judgment, the bid response may not
be corrected. Bid correction or withdrawal by reason of an inadvertent mistake
is permissible but only if it does not affect the amount of the bid response or
otherwise gives the bidder a competitive advantage. (2) A bidder may correct
mistakes discovered before the time and date set for the qualifications summary
opening by withdrawing or correcting the qualifications summary. (G) The department will use information from the
qualifications summaries to register bidders for the auction event. The state
reserves the right to exclude bidders who are deemed not responsive or not
responsible. (H) The department shall provide written notice to each
bidder through electronic means regarding the bidder's inclusion or
exclusion from the qualified bidders list. (I) The department or its agent shall work with the
qualified bidders to prepare for the auction event. Preparation may include,
but is not limited to: configuration of the auction computer system, testing of
the bidder interface, delivery of the event documentation, and
training. (J) Auction event (1) Only those bidders on
the qualified bidders list will be allowed to participate in the auction
event. (2) The department or its
agent will provide the necessary administrative support to ensure that the
integrity of the auction event is not compromised. (3) The department or its
agent will keep an event record, which will include the prices offered by the
bidders. The event record will become part of the contract documents and a
public record at the conclusion of the event. (4) The bidder interface
will be configured such that a bidder will not know the identity of competing
bidders until the event is complete. (5) Bidders may submit multiple prices
during the event. The lowest price offered will become the price portion of the
bid response. (6) Bids must be submitted by, or under
the direction of, an authorized representative of the bidder as designated in
the qualifications summary. (7) The auction event will have a
scheduled stop time. The event may be extended if bids are received within a
predetermined amount of time prior to the scheduled stop time. Specific
procedures on time extension shall be contained in the event qualification
summary. The event will conclude at either the scheduled stop time or the time
at which all extensions are completed, whichever is later. (8) When the department knows or has reason to conclude
that a bid is unreasonably lower than others that have been submitted, the
department will ask the bidder to confirm the bid response. (K) After the conclusion of the auction event, the state
will award to the lowest responsive and responsible bidder. (L) The department reserves the right to reject any and all
qualifications summaries in whole or in part, cancel, and/or reissue the ITB
when: (1) Products, supplies,
or services are not in compliance with the requirements, specifications, and
terms and conditions set forth in the ITB; or (2) Pricing offered is
determined to be excessive in comparison with existing market conditions, or
exceeds the available funds of the procuring entity; or (3) It is determined that
awarding of any or all items will not be in the best interest of the
state. (M)
Notice of award shall be provided to the successful bidder. An apparent low
bidder found not to be responsive and responsible shall be notified of that
finding and the reasons for it pursuant to section 9.312 of the Revised Code.
Notice of award shall be posted on the department's website or
eProcurement solution.
Last updated April 15, 2024 at 4:15 PM
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Rule 123:5-1-13 | Biobased products bid preference policy.
Effective:
February 29, 2016
(A) The department of administrative
services, other state agencies and state institutions of higher education must
procure biobased products that fall within the designated item categories list
in the current version of the catalog compiled by the United States department
of agriculture and maintained by the department of administrative services on
its website. State agencies must procure equipment, materials, and supplies in
accordance with procedures set forth in rule 123:5-1-14 of the Administrative
Code. (B) Requests for proposal and invitations
to bid will contain a statement that biobased products may be considered and
that a preference may be applied for those biobased products meeting the
specifications set forth in the bidding document.
Last updated September 14, 2023 at 9:49 AM
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Rule 123:5-1-14 | Biobased products bid preference program procedure.
Effective:
February 29, 2016
(A) For purposes of this rule "biobased
content" means the amount of biobased carbon in the material or product as a
per cent of weight (mass) of the total organic carbon in the material or
product. (B) The awarding of contracts under this
section will be consistent with section 125.071 of the Revised Code for
requests for proposals and section 125.11 of the Revised Code for invitations
to bid. (C) As applicable, when purchasing
equipment, materials or supplies, first consideration must be given to the
availability of such items in accordance with sections 5147.01 to 5147.26 (Ohio
penal industries) or sections 125.60 to 125.6012 (community rehabilitation
program) of the Revised Code. If both biobased and non-biobased products are
available from these sources, state agencies shall consider purchasing the
biobased product. (D) When it is determined that either a
biobased or non-biobased product would be acceptable and it is determined that
both biobased and nonbiobased products are available, the request for proposal
or invitation to bid for purchase of equipment, material or supplies will
contain a biobased bid preference provision indicating the minimum acceptable
percentage of biobased content as designated by the United States department of
agriculture. This procedure is not required when the request for proposal or
invitation to bid specifies that only a biobased product will be considered for
award of a contract. (E) The bids or proposals containing biobased products
shall be reviewed to determine the following: (1) A bid or offer
contains a designated item as defined in division (D) of section 125.091 of the
Revised Code; (2) The offeror or bidder
is listed in the current version of the United States department of agriculture
catalog as maintained by the department of administrative services on its
website as a company that is offering a designated item or the bidder or
offeror provides a certification according to rule 123:5-1-15 of the
Administrative Code; and (3) The percentage of
biobased content. (F) Those bids or proposals containing the highest
percentage of biobased content and that contain all items listed in paragraphs
(E)(1) to (E)(3) of this rule will be evaluated first in accordance with
section 125.071 of the Revised Code for requests for proposals and section
125.11 of the Revised Code for invitations to bid. The information furnished by
the bidder or offeror as provided for in paragraph (E) of this rule shall be
solely relied upon in making the award. (G) From among those bids or proposals offering
non-biobased products, the department of administrative services or state
agency will review the non-biobased bids in accordance with section 125.071 of
the Revised Code for requests for proposals and section 125.11 of the Revised
Code for invitations to bid. (H) In awarding the contract, the department of
administrative services or state agency will compare the lowest responsive and
responsible bid or the most advantageous offer for the non-biobased product to
the lowest responsive and responsible bid or most advantageous offer for the
biobased product containing the highest percentage of biobased
content. (I) The department of administrative services or state
agency may proceed with the award of the contract for the biobased product
containing the highest percentage of biobased content unless: (1) The biobased product
containing the highest percentage of biobased content is not available within a
reasonable period of time; (2) The biobased product
does not meet the performance standards set forth in the applicable
specifications of the product; or (3) The price of the
biobased product is an unreasonable price as defined in division (C)(3)(a) of
section 125.092 of the Revised Code. Where the preliminary analysis identifies
the apparent low bid as one other than a bid offering biobased products, the
director or the director's designee shall apply the following
preferences: (a) If the apparent low
bid is one other than a bid offering biobased products, apply five per cent to
the price. For the purposes of the biobased products bid preference, an
unreasonable price means the price of a biobased product exceeds the price or
fair market value of a substantially equivalent nonbiobased product by more
than five per cent. If the biobased products bid preference is determined to be
applied then the preferences under paragraphs (A)(2) to (A)(4) of rule
123:5-1-06 and under rule 123:5-1-16 of the Administrative Code shall not be
applied. (J) If the bid or proposal offering the highest percentage
of biobased content does meets any one of paragraphs (I)(1) to (I)(3) of this
rule, the department of administrative services or state agency may consider
the other bids or proposals submitted that offer a lower percentage of biobased
content and that meet all other requirements set forth in this rule in
descending order beginning with the next highest percentage content of biobased
material. (K) If all biobased bids are excluded through the
application of paragraphs (I)(1) to (I)(3) of this rule or through the
evaluation of the bid in accordance with section 125.071 of the Revised Code
for requests for proposals and section 125.11 of the Revised Code for
invitations to bid, the department of administrative services or state agency
may consider an award of the contract to the other non-biobased product bids or
proposals submitted that are the lowest responsive and responsible bid or the
most advantageous offer.
Last updated September 14, 2023 at 9:49 AM
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Rule 123:5-1-15 | Bidder or offeror certification.
Effective:
November 22, 2010
(A) All invitations to bid and requests for proposals shall require the bidder or offeror to complete and attest the following: (1) I, _________ (name of certifier), am an officer or employee responsible for the performance of this contract and I hereby certify that biobased products (within the categories of items listed in the current version of the United States department of agriculture catalog as maintained by the department of administrative services on its website) to be used or delivered in the performance of the contract will comply with the applicable specifications or other contractual requirements. (2) I further certify that biobased products being offered are listed as a designated item as determined by the United States department of agriculture and the biobased products have been tested by an ASTM/ISO compliant test facility using the ASTM international radioisotope standard method D 6866 for testing and I can verify this testing upon request of the state of Ohio. (3) [Signature of the officer or employee] (4) [Date] (5) [Name of company]
Last updated September 14, 2023 at 9:50 AM
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Rule 123:5-1-16 | Implementation of veterans preference program.
Effective:
April 27, 2017
(A) Veteran-friendly business enterprise certification process (1) To be certified as a veteran-friendly business enterprise, an applicant business shall be in good standing with federal, state, and local governments, and shall apply to the department of administrative services for certification. (2) An applicant business shall provide the department of administrative services with a copy of a record verifying veteran status or documentation demonstrating active service for each employee, partner, member, or director until at least one of the requirements of paragraph (JJ) of rule 123:5-1-01 of the Administrative Code is satisfied. In order to verify the accuracy of each record verifying veteran status or documentation demonstrating active service, the department of administrative services will review all documentation that the business applying for certification as a veteran-friendly business enterprise provides and may require additional information as necessary, which the applicant business shall provide. (3) Upon submission and review of all requested documentation, the department of administrative services may issue a certificate to a qualified applicant business designating the business as a veteran-friendly business enterprise. A certificate shall be valid for up to two years. (4) A veteran-friendly business enterprise must apply to renew its certification before it expires to maintain continuous certification in the program. A veteran-friendly business enterprise will be notified of its obligation to renew its certificate at sixty and thirty days prior to the expiration of its current certification. In order to renew the certification, the veteran-friendly business enterprise must comply with paragraph (A)(2) of rule 123:5-1-16 of the Administrative Code. (5) Each veteran-friendly business enterprise must remain in good standing with federal, state, and local governments and in compliance with the veteran employment standard during its certification period. The department of administrative services may conduct compliance reviews of a veteran-friendly business enterprise to ensure its continued eligibility for the program. A veteran-friendly business enterprise may have its certification revoked for any of the following reasons: (a) The business has failed to remain in compliance with the veteran employment standard; (b) The business intentionally misrepresented material facts in its certification application; (c) If the actions of the business, its owner or owners result in a criminal conviction of the business or any of its owners; or (d) Revocation of the business's certification is in the best interest of the state, which determination may be based on, but not limited to, debarment by the federal government, the state of Ohio or any of its political subdivisions, or any other state. (6) This section of the administrative code shall apply to all state agencies' purchases made under Chapter 125. of the Revised Code. (7) The bids or offers submitted by the veteran-friendly business enterprise may be rejected if they contain an excessive price as defined in rule 123:5-1-06 of the Administrative Code, as amended. (B) Procedures for applying preference for veteran-friendly business enterprises: (1) Bids or proposals will first be evaluated to determine whether a response is from a veteran-friendly business enterprise. Information furnished in the response by the bidder or offeror shall be relied upon but may be verified in making the determination. Any response that does not meet this requirement may be removed, except in those circumstances where the director of the department of administrative services or the director's designee determines compliance would result in the state paying an excessive price or acquiring an inferior product as described in paragraph (B)(3) of this rule. (2) Following the determination at paragraph (B) (1) of this rule and the application of any applicable preference pursuant to rule 123:5-1-06 of the Administrative Code, the bids or proposals shall be evaluated so as to give preference to veteran-friendly business enterprise bids or proposals for goods or services. A veteran-friendly business enterprise must have an active certification at the time of bid or proposal opening to receive the preference for veteran-friendly business enterprises. If the veteran-friendly business enterprise preference is applied then the preferences under paragraphs (A)(2) to (A)(4) of rule 123:5-1-06 and rule 123:5-1-14 of the Administrative Code shall not apply. Where the preliminary analysis of bids or proposals identifies the apparent low bid or most advantageous proposal as a veteran-friendly business enterprise response, the director or the director's designee shall proceed with evaluation and award procedure as provided in rule 123:5-1-07 of the Administrative Code. (3) Where the preliminary analysis identifies the apparent low bid as one other than a veteran-friendly business enterprise bid, the director or the director's designee shall apply the following preferences: (a) If the apparent low bid is one other than a veteran-friendly business enterprise bid, apply five per cent to the price. For purposes of the veteran-friendly business enterprise preference, "excessive price" shall be construed to mean a price that exceeds by more than five per cent the lowest price submitted on a non-veteran-friendly business enterprise bid. (b) If sufficient competition does not exist or if it is determined that all prices are excessive, the department may cancel the bid in its entirety, may re-bid the intended purchase, or award the contract. (4) Where the preliminary analysis identifies the apparent most advantageous proposal as one other than a veteran-friendly business enterprise response, the director or the director's designee shall apply the following preferences: (a) If the apparent most advantageous proposal is one other than a veteran-friendly business enterprise proposal, subtract five percent of the available points from the proposal's score. (b) If sufficient competition does not exist or if it is determined that any of the conditions identified under paragraph (F) of rule 123:5-1-08 of the Administrative Code are met, the department reserves the right to cancel, reissue or reject all responses, in whole or in part. (5) After application of the preferences in paragraphs (B)(3) and (B)(4) of this rule, the director shall propose an award in the following manner: (a) When conducting a competitive sealed bid and where the director or the director's designee determines that selection of the lowest veteran-friendly business enterprise bid will not result in an excessive price or disproportionately inferior product or service, the director or the director's designee shall propose a contract award to the lowest responsible and responsive veteran-friendly business enterprise bid at the offered bid price. Where, otherwise, the director determines it is advantageous to propose the award of contract to other than a veteran-friendly business enterprise bid, the director shall propose same. The final contract award shall be made following further evaluation and award under rule 123:5-1-07 of the Administrative Code. The director or the director's designee shall at all times reserve the right to reject all bids, award partial bids, or rebid if it is deemed in the best interest of the state to do so. (b) When conducting a competitive sealed proposal and where the director or the director's designee determines that selection of a veteran-friendly business enterprise proposal will be most advantageous to this state, the director or the director's designee shall propose a contract award to such veteran-friendly business enterprise offeror. Where, otherwise, the director determines it is most advantageous to propose the award of contract to other than a veteran-friendly business enterprise offeror, the director shall propose same. The final contract award shall be made following further evaluation and award under rule 123:5-1-08 of the Administrative Code. The director or the director's designee shall at all times reserve the right to cancel, reissue or reject all responses, in whole or in part if it is deemed in the best interest of the state to do so.
Last updated March 21, 2024 at 12:45 PM
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Rule 123:5-1-17 | First and second requisite procurement program.
(A) As used in this chapter of the
Administrative Code: (1) "First
requisite procurement programs" means: (a) Ohio penal industries within the department of
rehabilitation and corrections; and (b) Community rehabilitation programs administered by the
department of administrative services under sections 125.60 to 125.6012 of the
Revised Code. (2) "Second
requisite procurement programs" means: (a) Business enterprise program at the opportunities for
Ohioans with disabilities agency as prescribed in sections 3304.28 to 3304.33
of the Revised Code; (b) Office of information technology at the department of
administrative services as established in section 125.18 of the Revised
Code; (c) Office of state printing and mail services at the
department of administrative services as prescribed in Chapter 125. of the
Revised Code; (d) Office of support services at the department of mental
health as prescribed in section 5119.44 of the Revised Code; and (e) Ohio facilities construction commission established in
section 123.20 of the Revised Code. (B) Unless otherwise exempt by the
Revised Code: (1) All state agencies
wanting to purchase products, supplies, and/or services shall follow all
policies and prodedures established by the department of administrative
services including, but not limited to, requisite procurement
programs. (2) The director of the
department of administrative services or the directors designee may
issue a blanket waiver to all state agencies for specific types of purchases,
thereby exempting such purchases from the requirements of this section. The
blanket waiver may be for any length of time, not to exceed the current
biennium. (3) All state agencies
are required to comply with sections 125.609 and 5147.07 of the Revised Code
for the purchase of products, supplies, and/or services regardless of purchase
price. (C) The department of administrative
services shall serve as a guide and resource for state agencies through the
state procurement process as required by Chapter 125. of the Revised Code and
this chapter of the Administrative Code. (D) Upon receipt of a request to purchase
or after being contacted, the department of administrative services will
provide the requesting agency a notification of receipt of the request to
purchase or confirmation of the contact from the state agency with a date and
timestamp. If the department of administrative services fails to respond or
provide an explanation for any further delay within five business days of the
date and timestamp upon receipt, the requesting agency may use direct
purchasing authority to make the requested purchase, subject to the requirement
of division (G) of section 125.035 and section 127.16 of the Revised Code.
When the department provides explanation for
further delay, the requesting agency shall supply the department with any
additional information requested. Upon receipt of additional information, the
department shall respond to the requesting agency with a determination or a
subsequent request for additional information within two business days. (E) In making the determination of
whether or not a first requisite procurement program can fulfill the goods or
services being requested, the department of administrative services shall
attempt to make contact with both the Ohio penal industries and the office of
community rehabilitation programs. (F) If a first requisite procurement
program cannot fulfill the products, supplies, and/or services being requested,
the department of administrative services shall, if appropriate, make the
second requisite procurement programs aware of the products, supplies, and/or
services requested. The department of administrative services shall not make a
final determination of whether or not a second requisite procurement program
can fulfill the products, supplies, and/or services needs requested by the
state agency. The department of administrative services may direct or refer a
state agency to a second requisite procurement program. That determination is
the responsibility of the individual second requisite procurement
programs.
Last updated April 15, 2024 at 4:15 PM
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