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| Rule |
Rule 123:5-1-01 | Definitions.
Effective:
April 26, 2024
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" means 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) "Biobased product" has the
same meaning as defined in section 125.091 of the Revised Code. (G) "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 goods or services to agencies of that
state. (H) "Buy Ohio products" has the
same meaning as defined in section 125.01 of the Revised Code. (I) "Buy Ohio supplier" means a
supplier submitting a bid or proposal offering Buy Ohio products or
demonstrating significant economic presence in Ohio or a border
state. (J) "Chief executive" has the same meaning as
defined in section 5502.21 of the Revised Code. (K) "Competitive selection" has
the same meaning as defined in section 125.01 of the Revised Code. (L) "Direct purchase authority"
has the same meaning as defined in section 125.01 of the Revised
Code. (M) "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, provided: (a) 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; and (b) Its components of foreign origin are of the same class
or kind as those that the department of administrative services ("the
department") determines are not mined, produced, or manufactured in the
United States in neither sufficient and reasonably available commercial
quantities nor of a satisfactory quality. (3) Scrap that is
generated, collected, and prepared for processing in the United
States. (N) "Emergency" has the same meaning as defined
in section 5502.21 of the Revised Code. (O) "Electronic procurement" means the department
of administrative services' electronic procurement system to purchase
goods or services in a manner prescribed by the department. (P) "First requisite program"
has the same meaning as defined in section 125.035 of the Revised
Code. (Q) "Goods" means anything that
can be purchased that is not a service or real property, including
"products" and "supplies" as defined in section 125.01 of
the Revised Code. (R) "Invitation to bid" or "ITB" means
the process for soliciting competitive sealed bids and all documents, whether
attached or incorporated by reference, utilized for soliciting competitive
sealed bids. (S) "Offeror" means the person or firm which
submits a proposal in response to a request for proposal. (T) "Personal protective
equipment" has the same meaning as section 125.05 of the Revised
Code. (U) "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. (V) "Pre-consumer materials" means recovered
materials that were production finished materials, products, or by-products
that 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. (W) "Produced" has the same meaning as defined
in section 125.01 of the Revised Code. (X) "Products" has the same meaning as defined in
section 125.01 of the Revised Code. (Y) "Proposal" means all documents, whether
attached or incorporated by reference, supplied by the offeror in response to a
request for proposal. (Z) "Purchase" has the same meaning as defined
in section 125.01 of the Revised Code. (AA) "Second
requisite program" has the same meaning as section 125.035 of the Revised
Code. (BB) "Qualifications summary" means information
submitted by a bidder or offeror as part of a solicitation that is used to
determine the bidder's or offeror's responsibility and
responsiveness. (CC) "Recovered materials" means waste materials
and by-products that have been recovered or diverted from solid
waste. (DD) "Recycled content product" means a product
made from pre-consumer or post-consumer recovered materials where the portion
of weight or volume of recovered materials meets or exceeds the minimum content
percentage standard guidelines established by the department. (EE) "Request for proposal" or "RFP"
means all documents, whether attached or incorporated by reference, utilized
for soliciting competitive sealed proposals. (FF) "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. (GG) "Specification" means any description of the
physical or functional characteristics or of the goods or service to be
purchased. It may include a description of any requirements for inspecting,
testing, or preparing goods or services for delivery.
Last updated April 26, 2024 at 7:52 AM
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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 director's 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
bidder's 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 supplier's 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 supplier's 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 offeror's total score. (3) After application of
the preferences in this rule, the director or the director's 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.
Effective:
April 26, 2024
(A) At a minimum, an 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 state agency requesting to purchase goods or services; (2) Instructions
governing communications, including but not limited to instructions for
submitting questions and posting answers on the department of administrative
services' electronic procurement system; (3) A description of the
goods or services to be purchased; (4) Complete and
detailed specifications pertaining to the goods or services to be
purchased; (5) 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) Requirements for
submitting bid responses, including date and time; (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) All ITBs will be publicly posted as set forth in
paragraph (E) of this rule. (C) The department of administrative services ("the
department") or contracting state agency may conduct conferences prior to
and/or after issuing an ITB. Prospective bidders will be notified of
conferences as set forth in paragraph (E) of this rule. (1) 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. (2) Conferences may be conducted after issuance of the ITB
to explain the procurement's requirements. Nothing stated at the
conference the ITB unless a change is made by written amendment. (D) ITB amendments will specify the portions of the ITB
being changed. Amendments will be posted and suppliers notified as set forth in
paragraph (E) of this rule. Prospective bidders will be given reasonable time
to allow them to prepare bid responses. Amendments may extend the times and
dates for submitting or opening bids. (E) All pre-bid and bid conference notices, ITBs, ITB
amendments, and awarded contracts will be: (1) Publicly posted on the department of administrative
services' electronic procurement system; and (2) Sent to all suppliers registered under the commodity
code(s) listed in the ITB. (F) Bid responses will not be opened
until the date and time set for bid opening. (G) Once a contract is awarded, opened
bid responses are public records pursuant to the Ohio Public Records
Act. (1) If a bidder includes
information in its bid response that it considers exempt from disclosure
pursuant to the Ohio Public Records Act, the bid response will be accompanied
with a redacted version of the bid response and a written justification with a
detailed legal explanation for each redaction. (2) If a bidder submits
what the department or contracting state agency determines is an improperly
redacted version of the bid response or an insufficient justification, the
department or contracting state agency will advise the bidder in writing what
portions of the bid response it believes are subject to disclosure in response
to a public records request. (H) Bid responses will not be accepted by
the department or contracting state agency after the submission time and date
specified in the ITB. (I) Correction or withdrawal of a bid
response may be permitted by the department or contracting state agency due to
an inadvertent mistake by the bidder. If the mistake is attributable to an
error in judgment by the bidder, the bid response may not be corrected. Bid
correction or withdrawal due to an inadvertent mistake is permissible only if
it does not affect the bid response's cost or otherwise give the bidder a
competitive advantage. (1) A bidder may correct
mistakes discovered before the time and date set for bid opening by withdrawing
or correcting the bid response. (2) When the department
or contracting state agency knows or has reason to believe that the bidder made
a mistake, the department or contracting state agency will request the bidder
to confirm the accuracy of information in the bid response. (J) Contracts may be awarded in whole or in part to one or
multiple bidders. Notice of potential multiple contract awards will be provided
in the ITB. (K) The department or contracting state agency reserves the
right to reject any responses to an ITB in whole or in part, cancel, or reissue
the ITB. (L) The department or contracting state agency will provide
a contract notice of award to all bidders. An apparent low bidder found not to
be responsive and responsible shall be notified of that finding and the reasons
for it.
Last updated April 26, 2024 at 7:53 AM
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Rule 123:5-1-08 | The request for proposal process.
Effective:
April 26, 2024
(A) At a minimum, a request for proposal
("RFP") should include the following information: (1) Instructions and
information to offerors concerning submission of proposals, including the name
of the state agency requesting to purchase goods or services; (2) Instructions
governing communications, including but not limited instructions for submitting
questions and posting answers on the department of administrative
services' electronic procurement system; (3) A description of the
goods or services to be purchased; (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) Requirements for submitting
proposals, including date and time; (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 department of
administrative services ("the department") or contracting state
agency reserves the right to reject any proposals where the offeror takes
exception to the terms and conditions of the RFP or fails to meet any of the
requirements, terms and conditions, and specifications of the RFP. (9) A statement that the department or
contracting state agency reserves the right to reject, in whole or in part, any
proposals where the department or contracting state agency determines that
award of a contract would not be in the best interest of the department or
contracting state agency, or; (10) A statement that the
department or contracting state agency may conduct discussions and/or
negotiations with offerors who submit proposals for the purpose of
clarification and/or correction, including the documentation of such to assure
full understanding of and responsiveness to the requirements, terms and
conditions, and specifications of the RFP. (B) All RFPs will be publicly posted as
set forth in paragraph (D) of this rule. (C) The department or contracting state
agency may conduct conferences prior to and/or after issuing an RFP.
Prospective offerors will be notified of conferences as set forth in paragraph
(D) of this rule. (1) Conferences may be
conducted prior to issuance of the RFP. Information discussed may be used in
the planning of the RFP. (2) Conferences may be
conducted after issuance of the RFP to explain the procurement's
requirements. Nothing stated at the conference changes the RFP unless a change
is made by written amendment. (D) All conference notices, RFPs, and RFP amendments will
be: (1) Publicly posted on the department of administrative
services' electronic procurement system; and (2) Sent to all suppliers registered under the commodity
code(s) listed in the RFP. (E) Proposals will not be opened until
the date and time set for opening proposals. (F) Once a contract is awarded, opened
proposals are public records pursuant to the Ohio Public Records
Act. (1) If an offeror
includes information in its proposal that it considers exempt from disclosure
pursuant to the Ohio Public Records Act, the proposal will be accompanied with
a redacted version of the proposal and a written justification with a detailed
legal explanation for each redaction. (2) If an offeror submits
what the department or contracting state agency determines is an improperly
redacted version of the proposal or an insufficient justification, the
department or contracting state agency will advise the offeror in writing what
portions of the proposal it believes are subject to disclosure in response to a
public records request. (G) Proposals will not be accepted by the
department or contracting state agency after the submission date and time
specified in the RFP. (H) Contracts may be awarded in whole or in part to one or
multiple offerors. Notice of potential multiple contract awards will be
provided in the RFP. (I) The department or contracting state
agency has the right to reject any responses to an RFP in whole or in part,
cancel, or reissue the RFP. (J) The department or contracting state agency will provide
a contract notice of award to all offerors.
Last updated April 26, 2024 at 7:53 AM
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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.
Effective:
April 26, 2024
(A) The department of administrative
services ("the department") has authority to prepare specifications
for procurement of goods or services. (B) The department may delegate the
authority to prepare specifications to a state agency. (C) The department or the state agency
authorized to prepare specifications may enter into a contract for preparation
of specifications provided there is no conflict of interest and it is in the
best interest of the department or state agency. Such contractor is ineligible
to provide a response or proposal for which the contractor prepared
specifications. The department or state agency 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 will not include such items as the
contract terms and conditions, time or place of bid or proposal opening, time
of delivery, payment, liquidated damages, or qualification of bidders or
offerors. The department or state agency will use one of the following methods
to develop specifications: (1) A design specification may be used
when it is necessary to define the need in very prescriptive terms. A design
specification will include specific details of how the item is to be
manufactured to meet the needs of the department or state agency and may
include engineering plans, drawings, or blueprints. (2) A performance specification may be
used to describe the general performance characteristics needed to achieve an
end result or desired outcome. A performance specification does not obligate
the bidder or offeror to comply with specific design requirements. (3) 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 stated
need. (4) 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 goods or services being purchased.
(a) Use of a brand name or approved equal specification
will include a minimum of two manufacturers to be considered as competition.
(b) 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. (5) A "Qualified Products List"
(QPL) is a list of goods or services that have been examined, tested, and
determined to have satisfied all applicable specifications of the department or
state agency. A QPL is used to restrict bidders and offerors to those products
appearing on the list. (a) 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
department or state agency to use a QPL; (b) A state agency will obtain prior approval from the
department before using a QPL; (c) A minimum of two manufacturers of equivalent goods or
services will be solicited for inclusion on a QPL; and (d) Examination and testing of the goods or services may be
completed by the department. state agency, or by any independent testing
facility as determined by the department or state agency. (6) A brand-specific specification may be
used only when a particular brand will satisfy the need. Brand-specific
specifications will only be used when authorized by the department of and the
following have been met; (a) The identified brand name is the only brand that is
capable of satisfying the need; or (b) 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 (c) 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 (d) A minimum of two qualified authorized distributors are
available to provide the brand-specific goods or services. If such are not
available, purchases will be completed pursuant to section 127.16 of the
Revised Code.
Last updated April 26, 2024 at 7:53 AM
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Rule 123:5-1-12 | The reverse auction process.
Effective:
April 26, 2024
(A) Reverse auctions will be conducted using an "Invitation
to Bid" (ITB). At a minimum, an ITB will contain the following
information: (1) Instructions and
information to bidders concerning the submission of qualifications summaries,
including the name of the state agency requesting to purchase goods or
services; (2) Instructions
governing communications, including instructions for submitting questions and
posting answers on the department of administrative services' electronic
procurement system; (3) A description of the
goods or services to be purchased; (4) Complete and detailed
specifications pertaining to the goods or services to be
purchased; (5) A description of the
evaluation process to be followed for award of a contract; (6) The contract terms and conditions,
including any requirement for acceptable financial assurances; (7) Requirements for submitting bid
responses, including date and time; and (8) The date and time of the reverse
auction and that it will be conducted using the department of administrative
services' electronic procurement system. (B) All reverse auction ITBs will be
publicly posted as set forth in paragraph (E) of this rule. (C) The department of administrative
services ("the department") or contracting state agency may conduct
conferences prior to and/or after issuing a reverse auction ITB. Prospective
bidders will be notified of conferences as set forth in paragraph (E) of this
rule. (1) Conferences may be conducted prior to issuance of the
reverse auction ITB to discuss proposed bid specifications. Information
discussed may be used in the planning of the reverse auction ITB. (2) Conferences may be conducted after issuance of the
reverse auction ITB to explain the procurement's requirements. Nothing
stated at the conference changes the reverse auction ITB unless a change is
made by written amendment. (D) Reverse auction ITB amendments will specify the
portions of the ITB being changed. Amendments will be posted and suppliers
notified as set forth in paragraph (E) of this rule. Prospective bidders will
be given reasonable time to allow them to prepare bid responses. Amendments may
extend the times and dates for submitting or opening bids. (E) All pre-bid and bid conference notices, ITBs, ITB
amendments, and awarded contracts will be: (1) Publicly posted on the department of administrative
services' electronic procurement system; and (2) Sent to all suppliers registered under the commodity
code(s) listed in the ITB. (F) Once a contract is awarded, all opened qualification
summary responses are public records pursuant to the Ohio Public Records
Act. (1) If a bidder includes information in its qualifications
summary response that it considers exempt from disclosure pursuant to the Ohio
Public Records Act, the qualification summary response will be accompanied with
a redacted version of the qualification summary response and a written
justification with a detailed legal explanation for each
redaction. (2) If a bidder submits what the department or contracting
state agency determines is an improperly redacted version of the qualifications
summary response or an insufficient justification, the department or
contracting state agency will advise the bidder in writing what portions of the
response it believes are subject to disclosure in response to a public records
request. (G) The signature of the bidder on the qualifications
summary will serve as the signature for the entire bid response. The
qualifications summary will include the names and contact information of the
persons who will serve as the authorized representatives of the bidder during
the auction event. (H) Qualification summaries will not be accepted by the
department or contracting state agency after the submission time and date
specified in the ITB. (I) Correction or withdrawal of a qualification summary may
be permitted by the department or contracting state agency due to an
inadvertent mistake by the bidder. If the mistake is attributable to an error
in judgment by the bidder, the qualification summary may not be corrected.
Correction or withdrawal of a qualification summary due to an inadvertent
mistake is permissible if it does not give the bidder a competitive
advantage. (1) A bidder may correct mistakes discovered before the
time and date set for the qualifications summary opening by withdrawing or
correcting the qualifications summary. (2) When the department or contracting state agency knows
or has reason to believe that the bidder made a mistake, the department or
contracting state agency will request the bidder to confirm the accuracy of
information in the qualification summary. (J) The department or contracting state agency will use
information from the qualifications summaries to register bidders for the
auction event and reserves the right to exclude bidders who are deemed not
responsive or not responsible. (K) The department or contracting state agency will provide
written notice to each bidder through the department of administrative
services' electronic procurement system regarding the bidder's
inclusion or exclusion from the qualified bidders list. Only those bidders on
the qualified bidders list will be allowed to participate in the auction
event. (L) The department or contracting state agency will work
with the bidders on the qualified bidders list to prepare for the auction
event. Preparation may include configuration of the department of
administrative services' electronic procurement system, testing of the
bidder interface, delivery of auction event documentation, and training on how
to use the system for the auction event. (1) The department or contracting state agency will provide
the necessary administrative support and take any required actions to ensure
that the integrity of the auction event is not compromised,
including: (a) Keeping an event
record, which will include the prices offered by the bidders. The event record
will become part of the contract documents and will become a public record at
the conclusion of the event. (b) Configuring the
bidder interface so a bidder will not know the identities of competing bidders
until the auction event is complete. (2) Bidders may submit multiple bids during the auction
event. The lowest price offered will become the price portion of the bid
response. (3) Bids must be submitted by, or under the direction of,
an authorized representative designated in the bidder's qualifications
summary. (4) The auction event will have a scheduled stop time.
However, if stated in the ITB, the department or contracting state agency may
extend the auction event's duration if a pre-determined number of bids are
not received within a specified period of time. (a) Procedures for
extending the auction event will be described in the ITB. (b) The auction event
will conclude at either the scheduled stop time or when all extensions are
completed, whichever is later. (5) When the department or contracting state agency knows
or has reason to conclude that a bid is unreasonably lower than others that
have been submitted, the department or contracting state agency will ask the
bidder to confirm the bid response. (6) After the conclusion of the auction event, the
department or contracting state agency will award the contract to the bidder
with the lowest bid determined to be the most responsive and responsible. An
apparent low bidder found not to be responsive and responsible will be notified
of that finding and the reasons for it. (M) The department or contracting state agency reserves the
right to reject any and all qualifications summaries in whole or in part,
reject any bid submitted during an auction event, cancel, or reissue an ITB.
Last updated April 26, 2024 at 7:53 AM
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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 December 23, 2024 at 9:32 AM
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Rule 123:5-1-17 | First and second requisite procurement program.
Effective:
April 26, 2024
(A) Unless otherwise exempt by the Revised
Code: (1) All state agencies
wanting to purchase goods or services shall follow all policies and prodedures
established by the department of administrative services ("the
department") including those governing purchasing from requisite
procurement programs. (2) The department
director or the director's designee may issue a blanket waiver to all
state agencies for specific types of purchases, thereby exempting such
purchases from the provisions of this rule. The blanket waiver may be for any
length of time, not to exceed the current biennium. (3) All state agencies
will comply with sections 125.609 and 5147.07 of the Revised Code for the
purchase of goods or services regardless of purchase price. (B) The department will 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. (C) 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. (D) 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 26, 2024 at 7:54 AM
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Rule 123:5-1-18 | Ohio-based personal protective equipment manufacturers program.
Effective:
April 26, 2024
(A) A manufacturer seeking certification
as a participant in the Ohio-based personal protective equipment
manufacturer's program will apply to the department of administrative
services ("the department") on a form provided by and in a manner
prescribed by the department. (B) To qualify for certification in the
Ohio-based personal protective equipment manufacturers program, an entity will
provide a description of the personal protective equipment being manufactured
in Ohio for which it seeks certification, and a notarized attestation that it
meets the following requirements prescribed by the department: (1) The entity is a
manufacturer; (2) The entity has at
least two-thirds of the beneficial ownership vested in residents of
Ohio; (3) The entity produces
personal protective equipment, as defined in this rule; and (4) The entity produces
personal protective equipment in Ohio. (C) Ohio-based personal protective
equipment manufacturers will be certified for a period of three
years. (1) A manufacturer may
renew its certification by submitting a renewal application up to ninety days
prior to expiration of its current certification on a form and in a manner
prescribed by the department. Failure to apply for recertification in a timely
manner may result in the denial of recertification and the need to submit a new
application. (2) The department may
suspend, revoke, or deny renewal of a current certification in any of the
following circumstances: (a) The manufacturer no longer meets the criteria set forth
in this rule; (b) The department determines that suspension, revocation
or denial is in the best interest of the state; (c) The manufacturer intentionally misrepresented material
facts in the application or recertification process. (D) The department will inform applicants of certification
or re-certification decisions and the reasons in writing. The department's
determinations concerning certification are final.
Last updated April 26, 2024 at 7:54 AM
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