This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| 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 percent 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' electronicprocurement 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 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 12:00 AM
|
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
|
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
|
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
|
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 12:00 AM
|
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 12:00 AM
|
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
|
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 willinclude 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 12:00 AM
|
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 agencyrequesting 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 12:00 AM
|
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
|
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
|
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
|
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
|
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") includingthose 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 section. 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 12:00 AM
|
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 section; 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 section; (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 12:00 AM
|
