(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.
, the
following definitions apply:
(1) "ASTM International" means the
nonprofit organization that provides a forum for the development and
publication of voluntary consensus standards for materials, products, systems,
and services.
(2) "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.
(3) "Fair Market Value" means a
market price that is representative of the range of prices that a state agency
would expect to pay for the item in the marketplace.
(4) "ISO" means the international
organization for standardization.
(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
purchase the biobased product
provided such meets the need of the state agency, is
available within a reasonable period of time, and is at a reasonable
price.
(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) Bids or proposals received will
be segregated into categories as follows:
(1) Biobased
(2) Non-biobased
(F)(E) The
bids or proposals containing biobased
products
biobased category 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.
(G)(F) Those bids or
proposals containing the highest percentage of biobased content and that
contain all items listed in paragraphs (F)(1) to (F)(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 (F) of this rule shall be solely relied upon in
making the award.
(H)(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.
(I)(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.
(J)(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:
In determining if the biobased product is an unreasonable
price, the biobased product price may exceed the price or fair market value of
a substantially equivalent non-biobased product by up to five per
cent.
(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.
(K)(J) If the bid or
proposal offering the highest percentage of biobased content does meets any one
of paragraphs (
I
J)(1) to (
I
J)(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.
(L)(K) If all biobased
bids are excluded through the application of paragraphs (
I
J)(1) to (
I
J)(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.