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Ohio Laws and Rules
(A) At a minimum, the request for proposal (“RFP”) will include the following information:
(1) Instructions and information to offerors concerning submission of proposals, including the name and address of the department, office, institution, board or commission which is requesting to purchase supplies and/or services;
(2) Instructions governing communications, including but not limited to, the name, title and telephone number of the person(s) to whom questions concerning the proposal should be directed;
(3) A descriptlon of the scope of supplies and/or services to be purchased;
(4) A description of the performance criteria, including but not limited to, the quantity of the supplies and/or services to be purchased, inspection and acceptance requirements, and the delivery schedule for each such supply and/or service;
(5) The factors and criteria to be considered in evaluating proposals and the relative importance of each factor or criteria 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 a bond and the amount of such bond;
(7) The date, time and place for delivery of the proposal;
(8) 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;
(9) 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.
(10) A statement that the offeree reserves the right to reject, in whole or in part, any and all proposals where the offeree, taking into consideration factors including but not limited to, price and the results of the evaluation process, 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) Public notice
(1) Public notice of the RFP will be provided to:
(a) All prospective vendors registered with the department of administrative services pursuant to section 125.08 of the Revised Code, as applicable, and/or any vendor known to the department to provide the requested supplies and/or services; or
(b) To vendors who are known to the department to provide specialized services and/or supplies that are being requested in the RFP, whether or not such vendors are registered pursuant to section 125.08 of the Revised Code.
(2) Notice may be by electronic or paper bulletin board or by mailing of the RFP. Notice shall be advertised for the number of days determined by the department prior to the due date for submission of proposals. The notice shall state the time and place where proposals are to be received and the conditions under which proposals will be received.
(D) RFP vendor conferences may be conducted to discuss the requirements, terms and conditions, specifications, and any other aspect of the RFP and to determine potential offerors for the proposed purchase. Notice of a vendor conference shall be provided in the RFP.
(E) Any requests by offeror for nondisclosure of confidential or proprietary information or trade secrets or assertions by offeror that information in its proposal, or the entire proposal, is confidential, proprietary or a trade secret shall be examined by the offeree to determine the validity of the request or assertion. Offeror requests or assertions must be in writing. If the parties do not agree, the offeror shall be informed in writing by the offeree regarding what portions of the proposal shall be disclosed. The offeror may withdraw its proposal at any time prior to award of a contract. The RFP and all proposals, documents and other information, unless confidential, proprietary or a trade secret, concerning the RFP process shall be open to public inspection upon award of a contract.
(F) An RFP in whole or in part, may be canceled and/or reissued by the offeree when:
(1) The 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 offeree; or
(3) It is determined that award of a contract would not be in the best interests of the offeree and/or the state.
(G) The offeree 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 with specificity as to the supplies and/or services that may be subject to a partial and/or multiple award.
(H) Written notice of an award shall be sent to the successful offeror. Notice of an award shall be provided to all other offerors within a reasonable period and notice of an award shall be made available to the public.
(I) The offeree shall maintain a register of all proposals received in response to a request to purchase supplies and/or services. The register shall note the topic and date of issue of the RFP and shall list the name of the offerors who submitted proposals in response to the RFP. The register shall note the recipient of a contract, if any is awarded, the amount of the contract, and the supplies and/or services being purchased.
R.C. 119.032 review dates: 02/23/2004 and 02/23/2009
Promulgated Under: 119.03
Statutory Authority: 125
Rule Amplifies: 125
Prior Effective Dates: 2/2/82, 8/30/84, 5/5/95