(A) At a minimum, the request for proposal
("RFP") should include the following information:
(1) Instructions and information to offerors
concerning submission of proposals, including the name
and address of the
department
agency, office, institution, board or commission
which is requesting to purchase
products, supplies and/ or services;
(2) Instructions governing communications,
including but not limited instructions for submitting questions and posting
answers electronically;
(3) A
description of
products, supplies and/or services
to be purchased
and any other relevant criteria;
(4) A description of the performance
criteria may include, but are not limited to, the quantity of the supplies
and/or services to be purchased, inspection and acceptance requirements, and
the delivery schedule for each such supply and/ or service;
(5)(4)
The factors and criteria to be considered in
evaluating proposals and the relative importance of each factor or criteria and
a
A description of the evaluation
procedures to be followed for award of a contract;
(6)(5) The contract terms
and conditions, including any requirement for
acceptable financial assurances
, such as a performance bond;
(7)(6)
The date, time and place for delivery of the proposal;
(8)(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;
(9)(8) A statement that
the offeree reserves the right to reject any and all proposals where the
offeror takes exception to the terms and conditions of the RFP or fails to meet
the terms and conditions, including but not limited to, standards,
specifications, and requirements as specified in the RFP.
(10)(9) A
statement that the offeree reserves the right to reject, in whole or in part,
any and all proposals where the offeree, taking into
consideration factors including but not limited to, price and the results of
the evaluation process, has determined that award of a contract would
not be in the best interest of the offeree or the state.
(B) As provided in the RFP, discussions
and/or negotiations may be conducted with offerors who submit proposals for the
purpose of clarification and/or correction, including any revisions that may
occur during negotiations, to assure full understanding of and responsiveness
to the requirements, terms and conditions and specifications of the RFP.
Offerors shall be accorded fair and equal treatment in any clarification and/or
correction and/or negotiation process.
(C)
The department
shall post all requests for proposals on the department's website or
eProcurement solution. All requests for proposals shall state the date and time
by which the proposal must be received by the department, and the date and time
proposals will be opened.
(D)
The department may conduct conferences to discuss an
RFP in the following manner:
(1)
Conferences may be conducted prior to issuance of the
RFP. Information discussed may be used in the planning of the RFP. Notice of
conferences shall be provided on the department's website or eProcurement
solution.
(2)
Conferences may be conducted after issuance of the RFP
to explain the procurement requirements. notice of a conference shall be
provided on the department's website or eProcurement solution. nothing stated
at the conference shall change the RFP unless a change is made by written
amendment.
(C) Notice of request for
proposal
(1) The department shall post a
notice of a request for proposal electronically on the department's website.
Notice shall be given for the number of days determined by the department prior
to the due date for submission of proposals. The notice shall state the time
and place where proposals are to be received and the conditions under which
proposals will be received.
(D) RFP vendor conferences may be
conducted to discuss the requirements, terms and conditions, specifications,
and any other aspect of the RFP. Notice of a vendor conference shall be
provided in the RFP.
(E) Any requests by offeror for
nondisclosure of trade secrets or assertions by offeror that information in its
proposal, or the entire proposal, is a trade secret shall be examined by the
department to determine the validity of the request or assertion. Offeror
requests or assertions must be in writing. If the parties do not agree, the
offeror shall be informed in writing by the department regarding what portions
of the proposal shall be disclosed. The offeror may withdraw its proposal at
any time prior to award of a contract. The RFP and all proposals, documents and
other information, unless a trade secret, concerning the RFP process shall be
open to public inspection upon award of a contract.
(E)
The
department shall consider the following upon receipt of a proposal:
(1)
Upon receipt,
each proposal shall be time and date stamped but not opened and shall be stored
in a secure place until the time and date set for the proposal's
opening.
(2)
All timely bid responses shall be opened at the time,
date, and place designated in the RFP. Pursuant to section
9.28 of the Revised Code, opened
proposals shall not be available for public inspection until the department
announces the award of a contract based on the competitive solicitation. As set
forth in paragraph (E)(3) of this rule, material designated by the bidder as a
confidential trade secret shall accompany the bid and shall be readily
separable from the bid response in order to facilitate public inspection of the
non-confidential portion of the proposal. Prices, makes, model, catalog numbers
of the items offered, deliveries, and terms of payment shall be available for
public inspection pursuant to section
9.28 of the Revised Code
regardless of any designation to the contrary.
(3)
Any requests by
the offerors for nondisclosure of trade secrets or assertions by the offeror
that information in its proposal, or the entire proposal, is a trade secret
shall be examined by the department to determine the validity of the request or
assertion. Offeror requests or assertions must be in writing. If the department
and offeror do not agree upon the information identified or asserted as a trade
secret, the offeror shall be informed in writing by the department regarding
what portions of the proposal shall be disclosed. The offeror may withdraw its
proposal at any time prior to award of a contract. proposals shall be open to
public inspection, excluding trade secrets agreed upon by the department and
offeror, upon award of a contract.
(F) The department reserves the right to
cancel, reissue or reject
any and all responses to an RFP, in whole or in
part,
or cancel and/or reissue the RFP when:
(1) The
products, supplies and/or services offered are not in
compliance with the requirements, specifications, and terms and conditions set
forth in the RFP; or
(2) Pricing
offered is considered to be excessive in comparison with existing market
conditions or exceeds the available funds of the state; or
(3) It is determined that award of a contract
would not be in the best interests of the state.
(G) The department of administrative services
may award a contract in whole or in part to one or multiple offerors. Notice of
any potential partial and/or multiple party award(s) shall be provided in the
RFP.
(H) Notice of an award shall
be provided to the successful offeror. Notice of an award shall be posted on
the department's website
or eProcurement
solution.
Notes
Ohio Admin. Code 123:5-1-08
Effective:
3/9/2020
Five Year Review (FYR) Dates:
3/18/2019 and
03/17/2024
Promulgated
Under: 119.03
Statutory
Authority: R.C. 125.02
Rule
Amplifies: R.C. 125.02, R.C.
125.021, R.C.
125.05
Prior
Effective Dates: 05/05/1995, 03/28/2014
