Chapter 123:5-1 | General Provisions

Rule 123:5-1-01 | Definitions.

• Effective: February 23, 2026
• Promulgated Under: 119.03

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) "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.

(F) "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.

(G) "Community rehabilitation program" has the same meaning as defined in section 125.60 of the Revised Code.

(H) "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.

(I) "Electronic procurement system" means the department of administrative services' electronic procurement system used to purchase supplies or services in a manner prescribed by the department.

(J) "Emergency" has the same meaning as defined in section 5502.21 of the Revised Code.

(K) "First requisite procurement program" has the same meaning as defined in section 125.035 of the Revised Code.

(L) "Government ordering office" has the same meaning as defined in section 125.60 of the Revised Code.

(M) "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.

(N) "Offeror" means the person or firm which submits a proposal in response to a request for proposal.

(O) "Personal protective equipment" has the same meaning as section 125.05 of the Revised Code.

(P) "Produced" has the same meaning as defined in section 125.01 of the Revised Code.

(Q) "Products" has the same meaning as defined in section 125.01 of the Revised Code.

(R) "Proposal" means all documents, whether attached or incorporated by reference, supplied by the offeror in response to a request for proposal.

(S) "Purchase" has the same meaning as defined in section 125.01 of the Revised Code.

(T) "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.

(U) "Qualified nonprofit agency" means any community rehabilitation program that has been certified pursuant to section 125.604 of the Revised Code.

(V) "Recycled products" means products that are substantially equivalent to a non-recycled product, are economically feasible, and are commercially available in quantities sufficient to meet the purchasing need.

(W) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed proposals.

(X) "Second requisite program" has the same meaning as section 125.035 of the Revised Code.

(Y) "Services" has the same meaning as defined in section 125.01 of the Revised Code.

(Z) "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.

(AA) "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.

(BB) "Supplies" has the same meaning as defined in section 125.01 of the Revised Code.

Last updated February 23, 2026 at 7:51 AM

Supplemental Information

Authorized By: 119.03
Amplifies: R.C. 122.925, R.C. 125.01, R.C. 125.035, R.C. 125.08, R.C. 125.082, R.C. 125.09, R.C. 125.11
Five Year Review Date: 3/16/2029
Prior Effective Dates: 5/5/1995, 3/28/2014, 3/9/2020

Rule 123:5-1-02 | Authority to purchase supplies and services.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) The director of the department of administrative services will establish contracts for supplies and services for use by state agencies. The director of the department may delegate the authority to purchase supplies and services to the department's assistant director, chief procurement officer, deputy chief procurement officer, or other designee within the department.

(B) Upon receiving a request from a state agency pursuant to section 125.02 of the Revised Code for a release and permit to allow a state agency to make a specific purchase of supplies or services, the department will consider if the department has the resources to purchase the supplies or services and whether the state's interests will be best met by the department purchasing the supplies or services or if they will be best met by delegating purchasing authority to one or more state agencies. A release and permit may be for a single purchase or for a group of similar or related purchases.

Last updated February 23, 2026 at 7:51 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 121.07; R.C. 125.02; R.C. 125.04; R.C. 125.041; R.C. 125.05; R.C. 125.601
Five Year Review Date: 2/13/2031

Rule 123:5-1-03 | Community rehabilitation program - administration.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) A government ordering office may apply for a waiver from the requirement to purchase supplies or services from qualified nonprofit agencies as set forth in section 125.607 of the Revised Code. Such application is made through the electronic procurement system or by contacting the department. The department may grant a government ordering office the waiver if the department determines:

(1) There are no qualified nonprofit agencies available or willing to provide the needed supplies or services;

(2) There is a qualified nonprofit agency that is willing to provide the needed supplies or services, but is not capable of providing them;

(3) The government ordering office is or has been dissatisfied with substantially similar or same supplies or services provided by the willing qualified nonprofit agency and has reported its dissatisfaction to the department or the department possesses specific information indicating such dissatisfaction; or

(4) The government ordering office made a good faith effort to reach agreement with the willing qualified nonprofit agency regarding price, terms, and specifications but was unsuccessful.

(B) When more than one qualified nonprofit agency desires to provide particular supplies or services to a government ordering office, the department will select one of the qualified nonprofit agencies to provide the supplies or services.

Last updated February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: 119.03
Amplifies: 125.603, 125.609
Five Year Review Date: 2/13/2031
Prior Effective Dates: 1/1/2007

Rule 123:5-1-04 | Application of preferences.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) Information furnished in a bid or proposal will be relied upon in making the determination about whether a preference set forth in this rule applies, but the state may verify such information if necessary. Any bidder or offeror that intentionally submits false or misleading information to receive a preference will be immediately disqualified and may be subject to administrative or legal action.

Preferences will 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.

This rule applies to the following preferences:

(1) Buy American preference. Bids and proposals that certify that they meet the criteria of domestic source end products as defined in rule 123:5-1-01 of the Administrative Code will be evaluated to determine whether they are eligible for this preference.

(2) Buy Ohio preference. Bids and proposals that certify that they meet the criteria of buy Ohio products as defined in section 125.01 of the Revised Code, or that they are submitted by a buy Ohio supplier as defined in rule 123:5-1-01 of the Administrative Code, or that they are submitted by a business organization that has a significant Ohio economic presence as defined in rule 123:5-1-01 of the Administrative Code, will be evaluated to determine whether they are eligible for this preference.

(3) Veteran-friendly business enterprise preference. Bids and proposals will be evaluated to determine whether, at the due date and time of the submission, they were submitted by an entity that has the certification set forth in section 122.925 of the Revised Code and the rules promulgated thereunder.

(B) Criteria and procedures for applying preferences

Following the initial evaluation and scoring, all bids and proposals 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 will be summed up and applied as a total percentage for evaluation purposes.

Preferences will only be applied when there is at least one bidder or offeror that is not eligible to receive that particular preference. Bidders or offerors failing to complete the certification for a preference will not be eligible 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 the applicable percentage is deducted from the costs submitted by the qualifying bidders eligible for the preference.

(b) For the buy Ohio preference, the applicable percentage is deducted from the costs submitted by the qualifying buy Ohio bidders eligible for the preference.

(c) If the bid contains multiple line items or multiple products, the preferences in paragraphs (B)(1)(a) and (B)(1)(b) of this rule will be applied per line item or only for that particular product.

(d) For the veteran-friendly enterprise preference, deduct the applicable percentage from the costs submitted by the qualifying veteran-friendly enterprise bidders eligible for the preference.

(2) Procedure for applying preferences to offers in response to a request for proposals:

(a) For the buy American preference, add the applicable percentage of the total available points to the total score of each offeror eligible for the preference.

(b) For the buy Ohio preference add the applicable percentage of the total available points to the total score of each offeror eligible for the preference.

(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. If claiming the preference in paragraph (B)(2)(b) of this rule, 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, add the applicable percentage of the total available points to the total score of each offeror entitled to the preference.

(3) After application of the preferences in this rule, the director or the director's designee will consider for award the bidder with the lowest bid or the offeror with the highest scoring proposal as adjusted by the preferences. If the director or the director's designee determines that selection of the lowest bid or the highest scoring proposal as adjusted by the preferences would not be in the best interest of the state, the director or the director's designee will propose a contract award to the lowest responsive and responsible bidder or to the offeror with the most advantageous proposal.

The final contract award will be made following further evaluation and award under rule 123:5-1-07, 123:5-1-08, or 123:5-1-12 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 February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 125.09; R.C. 125.11
Five Year Review Date: 2/13/2031
Prior Effective Dates: 2/29/2016, 7/4/2022

Rule 123:5-1-05 | Purchase of biobased products.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) A biobased product is a product currently designated by the United States department of agriculture ("USDA") as either qualifying for mandatory federal purchasing or being certified through the federal voluntary labeling initiative.

(B) The department of administrative services will provide access to the current USDA biobased products catalog on its website and will implement any policies and procedures necessary to administer the biobased preference program.

(C) Bidders or offerors will furnish information in their bids or proposals demonstrating how their products meet paragraph (A) of this rule. Information furnished in bids or proposals will be used to determine if a qualified biobased product is being offered. Any bidder or offeror that intentionally submits false or misleading information will be immediately disqualified and may be subject to administrative or legal action.

(D) When a qualified biobased product and a substantially equivalent non-biobased product are available, state agencies will purchase the qualified biobased product unless the director of the department or the director's designee determines that:

(1) Any of the circumstances described in division (C) or (H) of section 125.092 of the Revised Code apply. For purposes of this rule, "unreasonable price" means that the price of a qualified biobased product exceeds either the price or fair market value of a substantially equivalent non-biobased product by the percentage established by paragraph (E) of this rule; or

(2) Purchasing the biobased products would not be in the best interest of the state or the purchase is otherwise prohibited.

(E) For the price of a qualified biobased product to be reasonable, the price will not exceed the price or the fair market value of a substantially equivalent non-biobased product by five per cent or more.

Last updated February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 125.091; R.C. 125.092
Five Year Review Date: 2/13/2031
Prior Effective Dates: 11/22/2010

Rule 123:5-1-07 | The invitation to bid process.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.02, 125.09, 125.11
Amplifies: R.C. 9.312, 125.02, 125.07, 125.08, 125.081, 125.09; 125.10, 125.11
Five Year Review Date: 3/16/2029
Prior Effective Dates: 2/2/1982, 3/28/2014

Rule 123:5-1-08 | The request for proposal process.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.02
Amplifies: R.C. 125.02, 125.05
Five Year Review Date: 3/16/2029
Prior Effective Dates: 5/5/1995

Rule 123:5-1-10 | Specification authority.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.02, 125.09
Amplifies: R.C. 125.02, R.C. 125.09
Five Year Review Date: 3/16/2029
Prior Effective Dates: 5/5/1995

Rule 123:5-1-12 | The reverse auction process.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.072
Amplifies: R.C. 125.072
Five Year Review Date: 3/16/2029

Rule 123:5-1-17 | First and second requisite procurement program.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.035
Amplifies: R.C. 125.035
Five Year Review Date: 3/16/2029
Prior Effective Dates: 6/7/2021

Rule 123:5-1-18 | Ohio-based personal protective equipment manufacturers program.

• Effective: April 26, 2024
• Promulgated Under: 119.03

(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

Supplemental Information

Authorized By: R.C. 125.035, 125.036
Amplifies: R.C. 125.035, R.C. 125.036
Five Year Review Date: 3/16/2029