Ohio Admin. Code 123:5-1-08 - The request for proposal process

(A) At a minimum, the 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, office, institution, board or commission requesting to purchase products, supplies and/or goods or services;

(2) Instructions governing communications, including but not limited instructions for submitting questions and posting answers electronically on the department of administrative services' electronic procurement system;

(3) A description of products, supplies and/or services to be purchased and any other relevant criteria 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) The date, time and place for delivery of the proposal 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 offeree department of administrative services ("the department") or contracting state agency 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 any of the requirements, terms and conditions, including but not limited to, standards, and specifications, and requirements as specified in of the RFP.

(9) A statement that the offeree department or contracting state agency reserves the right to reject, in whole or in part, any and all proposals where the offeree department or contracting state agency , has determined determines that award of a contract would not be in the best interest of the offeree or the state. 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) 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.

(B) All RFPs will be publicly posted as set forth in paragraph (D) of this rule.

(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.

(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) 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.

(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) 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.

(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.

(F) The department reserves the right to 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) Proposals will not be accepted by the department or contracting state agency after the submission date and time specified in the RFP.

(G)(H) The department of administrative services may award a contract Contracts may be awarded in whole or in part to one or multiple offerors. Notice of any potential partial and/or multiple party award(s) shall 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.

(H)(J) 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. The department or contracting state agency will provide a contract notice of award to all offerors.

Notes

Ohio Admin. Code 123:5-1-08

Effective: 4/26/2024
Five Year Review (FYR) Dates: 2/7/2024 and 03/16/2029
Promulgated Under: 119.03
Statutory Authority: R.C. 125.02
Rule Amplifies: R.C. 125.02, 125.05
Prior Effective Dates: 05/05/1995, 03/28/2014, 03/09/2020