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 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 instructions for submitting questions and posting answers electronically;

(3) A description of supplies and/or services to be purchased;

(4) A description of the performance criteria may include, but are 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 financial assurances, such as a performance 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) Notice of Request for Proposal

(1) The department shall post a notice of a request for proposal electronically on the department's website. Notice shall be given 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 . Notice of a vendor conference shall be provided in the RFP.

(E) Any requests by offeror for nondisclosure of trade secrets or assertions by 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 parties do not agree, 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. The RFP and all proposals, documents and other information, unless a trade secret, concerning the RFP process shall be open to public inspection upon award of a contract.

(F) The department reserves the right to cancel, reissue or reject all responses to an RFP, in whole or in part, 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 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.

Effective: 03/28/2014
R.C. 119.032 review dates: 01/02/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: RC 125.02
Rule Amplifies: RC 125.02 ,RC 125.021 , RC 125.05
Prior Effective Dates: 2/2/82, 8/30/84, 5/5/95