As used in this division of the Administrative Code:
(A) "Active service" means any
person who has not completed service in the armed forces, including the
national guard of any state, or a reserve component of the armed forces, who at
present is in the employment of the armed forces or is on call for activation
at any time.
(B)(A) "Agency" means a
department created under section
121.02
of the Revised Code.
(C) "Armed forces" means the armed
forces of the United States, including the army, navy, air force, marine corps,
coast guard, or any reserve component of those forces; the national guard of
any state; the commissioned corps of the United States public health service;
the merchant marine service during wartime; such other service as may be
designated by congress; and the Ohio organized militia when engaged in full
time national guard duty for a period of more than thirty days.
(D)(B) "Auction event"
means a competitive process conducted in which prequalified responsive and
responsible bidders compete to submit the lowest price.
(E)(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.
(F)(D)
"Bidder" means the person or firm that submits a bid response to an invitation
to bid.
(G)(E) "Biobased Content"
shall be determined based on 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.
(H)(F) "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 products or services to
agencies of that state.
(I)(G) "Chief executive"
means the president of the United States, the governor of this state, the board
of county commissioners of any county, the board of township trustees of any
township, or the mayor or city manager of any municipal corporation within this
state.
(J)(H) "Competitive
manner" means an open and fair process that promotes competition among
prospective bidders or offerors. The process should be tailored to the products
and services to be acquired. Depending on the needs of the agency, the process
may be an informal or formal solicitation of bids or offers with the goal of
achieving the lowest price for the products or services to be acquired or the
most advantageous contract for the state of Ohio. Agencies may utilize similar
processes for competitive selection as defined in section
125.01
of the Revised Code.
(K)(I) "Competitive sealed
proposal" means offering of proposals in response to a request for proposal by
a state agency for the purchase of supplies and/or services.
(L) "Discharged under honorable
conditions" has the same meeting as "honorably discharged."
(M)(J) "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, if 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 of the same class or kind as those that the department
determines are not mined, produced, or manufactured in sufficient and
reasonably available commercial quantities of a satisfactory quality are
treated as domestic. Scrap generated, collected, and prepared for processing in
the United States is considered domestic.
(N)(K) "Emergency" means
any period during which the congress of the United States or a chief executive
has declared or proclaimed that an emergency exists.
(O) "Employee" means a an employee
of a veteran-friendly business enterprise who has received a salary or wage
from the same veteran-friendly business enterprise for at least one year,
working an average of at least a twenty hour week during the most recent
twelve-month period.
(P)(L) "eProcurement" or
"eProcurement solution" means the department's electronic, cloud-based solution
used to purchase products, supplies and services.
(Q) "Evidence of satisfactory
service" means a record verifying veteran status or documentation that a person
on active service with the armed forces is likely to be honorably discharged
from the armed forces.
(R) "Honorably discharged" means a
person has served the armed forces well by meeting or exceeding the required
standards of duty performance and personal conduct during their commitment to
the armed forces.
(S)(M) "Invitation to bid"
or "ITB" means all documents, whether attached or incorporated by reference,
utilized for soliciting bids.
(T)(N) "Offeree" means the
state department, office, institution, board, or commission who is seeking to
purchase supplies and/or services through a request for proposal.
(U)(O)
"Offeror" means the person or firm which submits a proposal in response to a
request for proposal.
(V)(P) "
Buy Ohio
supplier
bid" means a
supplier
submitting a bid
or offer
received from a bidder offering
Buy Ohio products or
a
bidder demonstrating significant
Ohio
economic presence
in Ohio or a border
state.
(W)(Q) "
Buy Ohio products" means products that are mined,
excavated, produced, manufactured, raised, or grown in
the
Ohio or a
border state by a person where the input of
Ohio
such products,
labor, skill, or other services constitutes no less than twenty-five per cent
of the manufactured cost. With respect to mined products, such products shall
be mined or excavated in this state
or a border
state.
(X)(R) "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.
(Y)(S) "Pre-consumer
materials" means recovered materials that were production finished materials,
products, or by products which 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.
(Z)(T) "Produced"
has the same meaning as defined in section
125.01
of the Revised Code
means the manufacturing,
processing, mining, developing, and making of a thing into a new article with a
distinct character in use through the application of input, within the state,
of Ohio products, labor, skill, or other services. "Produced" does not include
the mere assembling or putting together of non-Ohio products or
materials.
(AA)(U) "Products"
has the same meaning as defined in section
125.01
of the Revised Code
means materials,
manufacturer's supplies, merchandise, goods, wares, and
foodstuffs.
(BB)(V) "Proposal" means
all documents, whether attached or incorporated by reference, supplied by the
offeror in response to a request for proposal.
(CC)(W) "Purchase"
has the same meaning as defined in section
125.01
of the Revised Code
means to buy, rent, lease,
lease purchase, or otherwise acquire supplies or services and includes all
functions that pertain to the obtaining of supplies of services, including
description of requirements, selection and solicitation of sources, preparation
and award of contracts, all phases of contract administration, and receipt and
acceptance of the supplies and services and payment for
them.
(DD)(X) "Qualifications
summary" means information required to be submitted by a bidder or offeror as
part of a solicitation, which is used to determine the bidder's or offeror's
responsibility and responsiveness.
(EE) "Record verifying veteran
status" means those forms of official documentation proving a service member is
currently active or a veteran has been honorably discharged from the armed
forces, including United States department of defense form 214 (DD-214), United
States department of defense form 215 (DD-215), United States uniformed
identification card (DD Form 2), United States department of veterans affairs
identification card, United States department of defense military
identification, Ohio driver's license with armed forces logo, national guard
bureau form 22 (NGB-22), or any other official documentation verifying
status.
(FF)(Y) "Recovered
materials" means waste materials and by products that have been recovered or
diverted from solid waste.
(GG)(Z) "Recycled content
product" means a product made from pre-consumer or post-consumer recovered
materials whose portion of weight or volume of recovered materials meets or
exceeds the minimum content percentage standard guidelines established by the
department of administrative services.
(HH)(AA) "Request for
proposal" or "RFP" means all documents, whether attached or incorporated by
reference, utilized for soliciting proposals from offerors.
(II)(BB)
"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.
(JJ)(CC) "State agency"
has the same meaning as in section
1.60 of the
Revised Code, but does not include the elected state officers, the general
assembly or any legislative agency, a court or any judicial agency, or a state
institution of higher education.
(KK)(DD) "Specification"
means any description of the physical or functional characteristics or of the
nature of supplies or service to be purchased. It may include a description of
any requirements for inspecting, testing, or preparing supplies or services for
delivery.
(LL)(EE) "Supplies"
has the same meaning as defined in section
125.01
of the Revised Code
means all property,
including, but not limited to, equipment, materials, other tangible assets, and
insurance, but excluding real property or an interest in real
property.
(MM) "Veteran" means any person who
has completed service in the armed forces, including the national guard of any
state, or a reserve component of the armed forces, who has been honorably
discharged or discharged under honorable conditions from the armed forces or
that has been transferred to the reserve with evidence of satisfactory
service.
(NN) "Veteran employment standard"
means that a business applying for veteran-friendly business enterprise
certification satisfies one of the following criteria:
(1) At least ten per cent of the
employees of the sole proprietorship, association, partnership, corporation,
limited liability company, or joint venture are veterans or on active
service;
(2) At least fifty-one per cent of
the sole proprietorship, association, partnership, corporation, limited
liability company, or joint venture is owned by veterans or persons on active
service; or
(3) If the business is a
corporation, at least fifty-one per cent of the board of directors are veterans
or people on active service.
(4) The business is certified by the
United States department of veterans affairs as a service-disabled
veteran-owned small business or a veteran-owned small business and the owner(s)
of the business meets the definition of veteran as defined in paragraph (MM) of
this rule.
(OO) "Veteran-friendly business
enterprise" means a sole proprietorship, association, partnership, corporation,
limited liability company, or joint venture that meets veteran employment
standards as defined in paragraph (NN) of this rule.
