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"
shall be determined based on
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.
(F)(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 products
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.
(G)(J) "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
has
the same meaning as defined in section
5502.21 of the Revised
Code.
(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)
"Competitive selection" has the same meaning as defined
in section 125.01 of the Revised
Code.
(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)
"Direct purchase
authority" has the same meaning as defined in section
125.01 of the Revised
Code.
(J)(M) "Domestic
Source End Product
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.
(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.
(K)(N) "Emergency"
means any period during which the congress of the
United States or a chief executive has declared or proclaimed that an emergency
exists
has the same meaning as defined in
section 5502.21 of the Revised
Code.
(L)(O)
"eProcurement" or "eProcurement solution"
"Electronic procurement" means the
department's
department of administrative services'
electronic, cloud-based solution used to purchase
products, supplies
procurement system to
purchase goods
and
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.
(M)(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.
(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.
(O)(S) "Offeror" means the
person or firm which submits a proposal in response to a request for proposal.
(P) "Buy Ohio supplier" means a
supplier submitting a bid or offer offering Buy Ohio products or demonstrating
significant economic presence in Ohio or a border state.
(T)
"Personal protective equipment" has the same meaning as
section 125.05 of the Revised Code.
(Q) "Buy Ohio products" means
products that are mined, excavated, produced, manufactured, raised, or grown in
Ohio or a border state by a person where the input of 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.
(R)(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.
(S)(V)
"Pre-consumer materials" means recovered materials that were production
finished materials, products, or by products
which
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.
(T)(W)
"Produced" has the same meaning as defined in section
125.01 of the Revised
Code.
(U)(X) "Products" has the
same meaning as defined in section
125.01 of the Revised
Code.
(V)(Y) "Proposal" means
all documents, whether attached or incorporated by reference, supplied by the
offeror in response to a request for proposal.
(W)(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.
(X)(BB) "Qualifications
summary" means information required to be
submitted by a bidder or offeror as part of a solicitation, which
that is used
to determine the bidder'
' s or offeror'
' s responsibility
and responsiveness.
(Y)(CC) "Recovered
materials" means waste materials and by
products
by-products that have been
recovered or diverted from solid waste.
(Z)(DD) "Recycled content
product" means a product made from pre-consumer or post- consumer recovered
materials whose
where the portion of weight or volume of recovered
materials meets or exceeds the minimum content percentage standard guidelines
established by the department of administrative
services.
(AA)(EE) "Request for
proposal" or "RFP" means all documents, whether attached or incorporated by
reference, utilized for soliciting competitive
sealed proposals from
offerors.
(BB)(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.
(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.
(DD)(GG) "Specification"
means any description of the physical or functional characteristics or of the
nature of supplies
goods or service to be purchased. It may include a
description of any requirements for inspecting, testing, or preparing
supplies
goods or services for delivery.
(EE) "Supplies" has the same meaning
as defined in section 125.01 of the Revised Code.
