Bowling Green Lighting RFP 25OCT2024 1058 (002).pdf

The Adjutant General’s Department

RFP NUMBER: SRC0000024386

UNSPSC COMMODITY CODE:

72151501 – Lighting installation services

The State of Ohio Adjutant General’s Department is requesting proposals for:

Bowling Green TACC LED Lighting Sustainment Project

RFP Issued: November 4, 2024 (11/04/2024) Inquiry Period Begins: November 4, 2024 (11/04/2024)

Inquiry Period Ends: November 18, 2024 (11/18/2024) by 8AM Proposal Due Date and Time: November 25, 2024 (11/25/2024) by 12PM

Proposals received after the due date and time will not be evaluated.

Offerors must note that all proposals and other material submitted will become the property of the State of Ohio (herein referred to as the State) and may be returned only at the State's option. Proprietary information should not be included in a proposal or supporting materials because the State will have the right to use any materials or ideas submitted in any proposal without compensation to the offeror.

Additionally, all proposals will be open to the public after the contract has been awarded. Refer to the Ohio Administrative Code, Section 123:5-1-08 (E).

This RFP consists of 12 consecutively numbered pages. Please verify that you have a complete copy.

Please be certain when submitting a proposal that you are linked to your vendor account. If you do not know your vendor account identification number, contact Dr. Sherri Warnock at sherri.l.warnock.nfg@army.mil and the number will be provided.

If you do not have a vendor account, please follow the instructions provided for how to register as a payee.

REQUEST FOR

PROPOSALS

mailto:sherri.l.warnock.nfg@army.mil

PART 1: EXECUTIVE SUMMARY

PURPOSE

This is a Request for Proposals (herein referred to as RFP). This RFP is issued utilizing the procedures set forth in Section 125.071 of the Ohio Revised Code (ORC) and Section 123:5-1-08 of the Ohio Administrative Code (OAC). The State of Ohio, Adjutant General’s Department (herein referred to as ADJ) is soliciting competitive sealed proposals (herein referred to as Proposals) for the Bowling Green LED Lighting Sustainment Project and this RFP is the result of that request. If a suitable offer is made in response to this RFP, ADJ may enter into a contract (herein referred to as the Contract) to have the selected Offeror (herein referred to as the Contractor) perform all or part of the work as described in the Scope of Work (herein referred to as SOW) section provided in this RFP. This RFP provides details on what is required to submit a Proposal for the work, how ADJ will evaluate the Proposals, and what will be required of the Contractor in performing said work.

This RFP also gives the estimated dates for the various events in the submission process, selection process, and performance of the work. While these dates are subject to change, prospective Offerors must be prepared to meet them as they currently stand.

Once awarded, the term of the Contract will be from the award date through Jan 31, 2025. ADJ may renew this Contract for a period of one year in one year increments up to a total of four years for the entire length of the contract. Renewals will be by mutual agreement between the Contractor and ADJ. The cumulative time of all mutual renewals may not exceed four (4) years and are subject to and contingent upon the discretionary decision of the ADJ and the appropriation of funds. This RFP implements the funding requirements set upon the State by the National Guard Bureau and its Cooperative Agreement with the State of Ohio (NGR 5-1) as well as the General Assembly. ADJ may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the ADJ.

Any failure to meet a deadline in the submission or evaluation phases and any objection to the dates for performance of the Project may result in ADJ refusing to consider the Proposal of the Offeror.

OBJECTIVE

The existing exterior lighting fixtures at Bowling Green Armory are inoperable, outdated, and inefficient, leading to increased energy costs and reduced facility safety. The current system does not meet modern energy standards and is no longer reliable for consistent lighting needs. The proposed LED lighting renovation will replace the existing 39 fixtures across parking lots, walkways, floodlights, and flagpole areas with energy-efficient LED fixtures. This upgrade will ensure adequate and reliable lighting for facility operations, enhance visibility and security, and significantly reduce energy consumption and maintenance costs. The project aligns with Ohio Army National Guard (OHARNG) standards for energy efficiency and facility sustainability, contributing to long-term operational savings while supporting mission-critical tasks.

This is a Design Build Project targeting the replacement of approximately 39 fixtures at Bowling Green Armory.

The Contractor shall provide a proposal that includes the replacement of twenty-two (22) parking lot lights, ten (10) walkway lights, four

(4) flood lights, and three (3) flagpole lights, for a total of thirty-nine (39) new fixtures. The work will include the removal and disposal of existing fixtures, installation of new fixtures, and any necessary modifications to the existing infrastructure. The Contractor must ensure that the new lighting meets all relevant industry standards and provides adequate illumination for the Armory’s needs. The Basis of Design (BOD) spreadsheet details the existing system components and the appropriate replacement fixtures, devices and materials for the areas involved in this project. It is the contractor’s responsibility to review and confirm fixture counts and types. The contractor will provide a quote using the information provided in the BOD, government furnished drawings, pictures and this RFP.

The ADJ-OHARNG Facilities, Training Sites, Properties and Installations require lighting systems that can be provided through new construction, renovation/upgrade, and repair. These lighting systems must target LED fixtures and systems with light levels, color temperatures, CRI, efficiencies and simplified maintenance solutions that support the work actions and operations of the area type and space. Systems must provide flexibility through control strategies which assist in energy efficiency/ conservation and stakeholder customization.

CALENDAR OF EVENTS

The schedule for the Project is given below and is subject to change. ADJ may change this schedule at any time. If ADJ changes the schedule before the Proposal due date, it will do so through an announcement on the State Procurement Website area for this RFP. The Web site announcement will be followed by an amendment to this RFP, also available through the State Procurement Website. After the Proposal due date and before the award of the Contract, ADJ will make scheduled changes through the RFP amendment process. ADJ will make changes in the Project schedule after the Contract award through the change order process. It is each prospective Offeror’s responsibility to check the Website question and answer area (Inquiry) for this RFP for current information regarding this RFP and its calendar of events through award of the Contract. No contact shall be made with agency/program staff until contract award is announced.

DATES:

RFP Issued: November 4, 2024 (11/04/2024) Inquiry Period Begins: November 4, 2024 (11/04/2024) Inquiry Period Ends: November 18, 2024 (11/18/2024) by 8AM Proposal Due Date and Time: November 25, 2024 (11/25/2024) by 12PM

NOTE: These dates are subject to change.

https://ohiobuys.ohio.gov/page.aspx/en/rfp/request_browse_public

There are references in this RFP to the Proposal due date. Prospective Offerors must assume, unless it is clearly stated to the contrary, that any such reference means the date and time (Columbus, Ohio local time) that the Proposals are due. Proposals received after 12:00 p.m. on the due date will not be evaluated.

SITE VISIT:

There will be one site visit scheduled for this project (Thurs November 7, 2024-11/07/2024). In the event that the ADJ must cancel this site visit, a new date and time will be provided. Offerors should make arrangements to attend this scheduled site visit prior to submitting their proposal. It is important to become familiar with the facility and the requirements that are detailed in this solicitation. This is the Offeror’s opportunity to make note of anything that could impact the planning and/or installation of the project deliverables. Failure to complete a site visit will be insufficient reason to support any request to be released from the contract or to request financial adjustments to a quoted price. Point of contact is Steve Swanson (steve,d,swanson.nfg@army.mil (614) 207-6200.

Offerors should be aware that they are entering a military installation. No Offeror shall bring a weapon of any sort onto the property even if same is in possession of a concealed carry permit. A definition of a weapon will include any item identified by Ohio law as a deadly weapon, such as handguns, rifles, shotguns, dangerous ordnance, etc. Offerors will not be permitted onto the property with any item deemed a weapon by facility management or security personnel. There will be no exceptions.

STATE OF OHIO ONLINE PURCHASING SOLUTION. OhioBuys provides the primary platform for Suppliers to engage in procurement activities with the State of Ohio. For additional information on submitting proposals see the “Viewing and Responding to Solicitations” Learner Guide or the “Viewing and Responding to Solicitations” Supplier Training Video linked below.

Learner Guide https://procure.ohio.gov/static/pdf/S- LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf

Viewing and Responding to Solicitations https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be

If you have any difficulties, please contact Ohio Shared Services at 1-877-644-6771.

INQUIRIES. Offerors may make inquiries regarding this RFP any time during the inquiry period listed in the Calendar of Events. To make an inquiry, Offerors must login to OhioBuys, navigate to the solicitation, open the Inquiry tab, and submit their inquiry.

Offerors will not receive a personalized e-mail response to their question, nor will they receive notification when the question has been answered.

Offerors may view inquiries and responses on the OhioBuys Public Solicitations page by opening the Solicitation Overview and navigating to the inquiries section of that page. ADJ will try to respond to all inquiries within 48 hours of receipt, excluding weekends and State holidays. ADJ will not respond to any inquiries received after 8:00 a.m. on the inquiry end date of February 21, 2024.

Offerors are to base their RFP responses, and the details and costs of their proposed projects, on the requirements and performance expectations established in this RFP for the future contract, not on details of any other potentially related contracts or projects. If Offerors ask questions about existing or past contracts using the Internet Q&A process, ADJ will use its discretion in deciding whether to provide answers as part of this RFP process.

ADJ is under no obligation to acknowledge questions submitted through the Q&A process if those questions are not in accordance with these instructions or deadlines.

NON-DISCLOSURE AGREEMENT. Some documents required for distribution for this RFP contain Controlled Unclassified Information (CUI), which is unclassified information the United States Government creates or possesses that requires safeguarding or dissemination controls limiting its distribution to those with a lawful government purpose. Requests for these documents shall be directed to the Adjutant General's Department, Directorate of Installations Management and Resources, State Contracting Office, Dr. Sherri L. Warnock, sherri.l.warnock.nfg@army.mil. Those requesting these documents must be willing to engage in OPSEC training (20 minutes online) and be willing to obligate to a Non-Disclosure Agreement. Upon request the offeror will receive a link to the OPSEC training course and a Non-Disclosure Agreement form to sign. Once the course is completed, the offeror will receive a certificate. The offeror will then email the certificate and the signed Non-Disclosure Agreement to Dr. Warnock. Documents will be sent by DoD data safe.

PROTESTS. Any Offeror that objects to the award of a Contract resulting from the issuance of this RFP may file a protest of the award of the Contract, or any other matter relating to the process of soliciting the Proposals. Such protest must comply with the following information:

https://procure.ohio.gov/static/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf https://procure.ohio.gov/static/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be file:///C:/Users/steve.d.swanson/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/25B4TAN9/sherri.l.warnock.nfg@army.mil

1. The protest must be filed by a prospective or actual offeror objecting to the award of a Contract resulting from the RFP. The protest must be in writing and contain the following information:

a. The name, address, and telephone number of the protester;

b. The name and number of the RFP being protested;

c. A detailed statement of the legal and factual grounds for the protest, including copies of any relevant documents;

d. A request for a ruling by ADJ;

e. A statement as to the form of relief requested from ADJ; and

f. Any other information the protester believes to be essential to the determination of the factual and legal questions at issue in the written request.

2. A timely protest will be considered by ADJ, if it is received by the Directorate of Installation Management and Resources (DIMR)

State Contracting office within the following periods:

a. A protest based on alleged improprieties in the issuance of the RFP, or any other event preceding the closing date for receipt of proposals which are apparent or should be apparent prior to the closing date for receipt of proposals, must be filed no later than five (5) business days prior to the proposal due date.

b. If the protest relates to the recommendation of the evaluation committee for an award of the Contract, the protest must be filed as soon as practicable after the Offeror is notified of the decision by ADJ regarding the Offeror’s proposal.

3. An untimely protest may be considered by ADJ at the discretion of ADJ. An untimely protest is one received by the Directorate of Installation Management and Resources (DIMR) State Contracting office after the time periods set above. In addition to the information listed in paragraph 1, untimely protests must include an explanation of why the protest was not made within the required time frame.

4. All protests must be filed at the following location:

The State of Ohio

Adjutant General’s Department

Directorate of Installation and Management Resources (DIMR)

State Contracting Office

2825 W Dublin Granville Rd

Columbus, OH 43235

SUBJECT: SRC0000024386

This protest language only pertains to this RFP offering.

AMENDMENT TO THE RFP. If the ADJ decides to revise this RFP before the Proposal due date, an amendment will be issued in OhioBuys as a new round. If an offeror has submitted a Proposal prior to an amendment being issued and wishes to be considered, the offeror must resubmit their Proposal in response to the latest round of the RFP. Proposals submitted in response to an amended RFP prior to the most recent amendment will not be opened or evaluated.

When a modification to this RFP is necessary, ADJ will execute an RFP amendment by creating a new round. ADJ may issue amendments any time before Proposals are due, and it is each prospective offeror’s responsibility to check for amendments and other current information regarding this RFP.

After the submission of Proposals, amendments will be distributed only to those Offerors whose submissions are under active consideration. When the ADJ issues an amendment to the RFP after Proposals have been submitted, the ADJ will permit Offerors to withdraw their Proposals.

This withdrawal option will allow any Offeror to remove its Proposal from active consideration should the Offeror feel that the amendment changes the nature of the transaction to the extent that the Offeror’s Proposal is no longer in its interests. Alternatively, ADJ may allow Offerors that have Proposals under active consideration to modify their Proposals in response to the amendment, as described in the next paragraph.

Whenever ADJ issues an amendment after the Proposal Due Date, ADJ will tell all Offerors whose Proposals are under active consideration whether they have the option to modify their Proposals in response to the amendment. Any time ADJ amends the RFP after the Proposal due date, an Offeror will have the option to withdraw its Proposal even if ADJ permits modifications to the Proposals.

If the Offerors are allowed to modify their Proposals, ADJ may limit the nature and scope of the modifications. Unless otherwise stated in the notice by ADJ, modifications and withdrawals must be made in writing and must be submitted within ten (10) business days after the amendment is issued. If this RFP provides for a negotiation phase, this procedure will not apply to changes negotiated during that phase. Withdrawals and modifications must be made in writing and submitted to ADJ at the address given above and in the same manner required for the submission of the original Proposals. Any modification that is broader in scope than ADJ has authorized may be rejected and treated as a withdrawal of the Offeror’s Proposal.

PROPOSAL SUBMITTAL. Each Offeror must submit a Technical Proposal and a separate Cost Proposal as part of its proposal package. Proposals must be submitted as two (2) separate components (Technical Proposal and Cost Proposal) in separate electronic envelopes.

Technical Proposal: The Technical Proposal is to be submitted as a single searchable PDF document indexed as required in PART 6: REQUIREMENTS FOR PROPOSALS. Please submit a Technical Proposal that is complete and a redacted proposal that is void of personal identification. Ensure that no personal identification information is disclosed in the redacted proposal, as these documents may become public after award upon public records request pursuant to Ohio Revised Code 149.43.

Please submit proposals to the questionnaire section. You may submit multiple files. Do not use the provided Excel grids.

Please see the attachment that provides instructions on how to submit proposal. Proposals not properly submitted may not be considered.

Cost Proposal: The offeror must submit a separate cost section of its Proposal in the required format described in PART 3:

COST PROPOSAL EVALUATION.

Each section (Technical, Redacted Technical, and Cost) must be submitted in its own separate, electronic submission as indicated by the solicitation questionnaire. Proposals must be submitted online in OhioBuys.

Offerors will not be able to submit Proposals or unsolicited Proposal amendments after the deadline. An Offeror must allow adequate time for uploading a Proposal prior to the due date and time. ADJ recommends that Offerors submit proposals as early as possible. Proposals received prior to the deadline are stored, unopened, in the electronic file.

Each Offeror must carefully review the requirements of this RFP and the contents of its Proposal. Once a solicitation has closed, Proposals cannot be altered, except as allowed by this RFP.

By submitting a Proposal, the Offeror acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements. ADJ is not responsible for the accuracy of any information regarding this RFP that was gathered through a source different from the inquiry process described in the RFP.

Some documents required for distribution for this RFP contain Controlled Unclassified Information (CUI), which is unclassified information the United States Government creates or possesses that requires safeguarding or dissemination controls limiting its distribution to those with a lawful government purpose. Requests for these documents shall be directed to the Adjutant General's Department, Directorate of Installations Management and Resources, State Contracting Office, Dr. Sherri L. Warnock, sherri.l.warnock.nfg@army.mil. Those requesting these documents must be willing to engage in OPSEC training (20 minutes online) and be willing to obligate to a Non- Disclosure Agreement. Up on request the offeror will receive a link to the OPSEC training course. Once the course is completed, the offeror will receive a certificate. The offeror will then email the certificate and the signed Non-Disclosure Agreement to Dr. Warnock.

Documents will be sent by DoD data safe.

ORC Section 9.24 prohibits ADJ from awarding a Contract to any Offeror(s) against whom the Auditor of State has issued a finding for recovery if the finding for recovery is “unresolved” at the time of award. By submitting a Proposal, the Offeror warrants that it is not now and will not become subject to an “unresolved” finding for recovery under Section 9.24, prior to the award of a Contract arising out of this RFP, without notifying ADJ of such finding. ORC Section 9.231 applies to this contract.

ADJ may reject any Proposal if the Offeror takes exception to the terms and conditions of this RFP, fails to comply with the procedure for participating in the RFP process, or the Offeror’s Proposal fails to meet any requirement of this RFP. Any question asked during the inquiry period will not be viewed as an exception to the Terms and Conditions.

Offerors are advised there will be no opportunity to correct mistakes or deficiencies in their submitted materials after the Proposal Due Date. Proposals that are incomplete or otherwise missing required information may not be evaluated.

It is the Offeror’s responsibility to ensure timely submission of a complete proposal. Late proposals will not be scored. ADJ is under no obligation to consider a proposal which is received after the Proposal Due Date or that is incomplete. No supplementary or revised materials will be accepted after the Proposal Due Date unless specifically requested by ADJ.

All costs incurred in the preparation of the proposal shall be borne by the Offeror alone, and ADJ shall not contribute, in any way, to the cost of the preparation of the proposal. Any and all documents developed by the Offeror during the course of this project will be provided to ADJ upon request and will become the property of ADJ, and the Offeror shall not assert any claims arising under copyright or otherwise inconsistent with the transfer of ownership of such documents.

CONFIDENTIAL, PROPRIETARY OR TRADE SECRET INFORMATION. ADJ procures goods and services through an RFP in a transparent manner and in accordance with the laws of the State of Ohio. All proposals provided to ADJ in response to this RFP become records of ADJ and as such, will be open to inspection by the public after award unless exempt from disclosure under the Ohio Revised Code or another provision of law. Unless specifically requested by ADJ, an Offeror should not voluntarily provide to ADJ any information that the Offeror claims as confidential, proprietary or trade secret and exempt from disclosure under the Ohio Revised Code or another provision of law.

Additionally, the Offeror must understand that all Proposals and other material submitted will become the property of the State of Ohio and may be returned only at the State's option. Confidential, proprietary or trade secret information should not be voluntarily included in a Proposal or supporting materials because ADJ will have the right to use any materials or ideas submitted in any Proposal without compensation to the Offeror. ADJ would prefer that confidential information not be disclosed in OhioBuys.

In submitting a proposal, each Offeror agrees that ADJ may reveal confidential, proprietary and trade secret information contained in the proposal to ADJ staff and to the staff of other state agencies, any outside consultant or other third parties who serve on an evaluation committee or who are assisting ADJ in development of specifications or the evaluation of proposals. ADJ shall require said individuals to protect the confidentiality of any specifically identified confidential, proprietary or trade secret information obtained as a result of their participation in the evaluation.

Finally, if information submitted in the Proposal is not marked as confidential, proprietary or trade secret, it will be determined that the Offeror waived any right to assert such confidentiality and the entire Proposal shall be deemed a public record.

ADJ will retain all Proposals, or a copy of them, as part of the Contract file for the required retention period. After the retention period, ADJ may destroy, or otherwise dispose of the Proposals.

WAIVER OF DEFECTS. ADJ may waive any defects in any Proposal or in the submission process followed by an Offeror. ADJ will only do so if it believes that it is in the State’s interests and will not cause any material unfairness to other Offerors.

MULTIPLE OR ALTERNATE PROPOSALS. ADJ accepts multiple Proposals from a single Offeror, but ADJ requires each such Proposal be submitted separately from every other Proposal the Offeror makes. Additionally, the Offeror must treat every Proposal submitted as a separate and distinct submission and include in each Proposal all materials, information, documentation, and other items this RFP requires for a Proposal to be complete and acceptable. No alternate Proposal may incorporate materials by reference from another Proposal made by the Offeror or refer to another Proposal. ADJ will judge each alternate Proposal on its own merit.

AMENDMENTS TO PROPOSALS. Amendments or withdrawals of Proposals will be allowed only if the amendment or withdrawal is received before the Proposal due date. No amendments or withdrawals will be permitted after the due date, except as authorized by this

RFP.

PROPOSAL INSTRUCTIONS. Each Proposal must be organized as a single searchable PDF document ordered in the same manner as the response items are ordered in Part 6: REQUIREMENTS FOR PROPOSALS. Technical and Cost Proposals must be in separate documents. The redacted proposal should also be a separate searchable document.

ADJ wants clear and concise Proposals. Offerors should, however, take care to completely answer questions and meet the RFP’s requirements thoroughly. All Offerors, including current contract holders, if applicable, must provide detailed and complete responses as Proposal evaluations and subsequent scores are based solely on the content of the Proposal.

No assumptions will be made, or values assigned for the competency of the Offeror whether or not the Offeror is a current or previous contract holder.

ADJ will not be liable for any costs incurred by an Offeror in responding to this RFP, regardless of whether ADJ awards the Contract through this process, decides not to go forward with the Project, cancels this RFP for any reason, or contracts for the Project through some other process or by issuing another RFP.

PART 2: EVALUATION PROCESS

The ADJ’s evaluation process of responses submitted to this request may consist of up to four distinct phases:

1. ADJ’s initial review of all proposals for timely submission.

2. An evaluation committee review of the proposals for defects and scoring.

3. ADJ’s request for more information (interviews, presentations, and/or demonstrations); and

4. Negotiations.

Proposal Evaluation Criteria

The ADJ staff, or reviewers selected by the ADJ, will evaluate the submittals based upon the following criteria:

CRITERIA POINTS

Contractor’s demonstrated experience as a Lighting Solutions Firm and completing projects of a similar type 1

Contractor’s demonstrated experience performing LED Lighting Projects for the National Guard and the Ohio National Guard

Work Plan Proposal: identifying luminaires and controls that meet performance specifications, basis of design and stakeholder needs for FMS9

Work Plan Proposal: identifying lighting system that best meets performance specifications, basis of design and stakeholder needs for general parking lot

Project Cost 20

Attention to detail for overall project proposal 3

Total 40

Proposal Evaluation table

The scale below will be used to rate each proposal on the criteria listed in the Proposal Evaluation Table.

Does not meet 0 Points

Weak

1 Points

Weak to Meets 2 Points

Meets

3 Points

Meets to Strong 4 Points

Strong

5 Points

The ADJ will score the Proposals by multiplying the score received in each category by its assigned weight and adding all categories together for the Offeror’s Work Plan Proposal Evaluation. Representative numerical values are defined as follows:

1. DOES NOT MEET (0): Response does not comply substantially with requirements or is not provided.

2. WEAK (1): Response was poor related to meeting the objectives.

3. WEAK TO MEETS (2): Response indicates the objectives will not be completely met or at a level that will be below desired fulfillment.

4. MEETS (3): Response generally meets the objectives (or expectations).

5. MEETS TO STRONG (4): Response indicates the objectives will be exceeded.

6. STRONG (5): Response significantly exceeds objectives (or expectations) in ways that provide tangible benefits or meets objectives (or expectations) and contains at least one enhancing feature that provides significant benefits.

Technical Points Total:_______________

PART 3: WORK PLAN EVALUATION (Not Used)

PART 4: COST PROPOSAL EVALUATION

ADJ will evaluate the Offeror’s Cost Proposal after the Offeror’s total technical points are determined. The cost proposal will only be opened if the technical proposal scores the highest points. The cost proposal will be evaluated by fair market criteria and best value given the technical proposals work plan. The resulting contract will be subject to the appropriation of funds and a not to exceed limitation.

APPROPRIATION OF FUNDS: The Adjutant General's Department funding for this agreement is contingent upon the availability of lawful appropriations by the Ohio General Assembly, and certification by the Director of Budget and Management of available funds as required by Chapter 126 of the Ohio Revised Code and approval by the State Controlling Board, if required, pursuant to Chapter 127 of the Ohio Revised Code. Should the General Assembly fail at any time to continue funding for the payments or any other obligations due by the ADJ under this agreement, the ADJ will be released from its obligations on the date funding is set to expire. The current General Assembly cannot commit a future General Assembly to an expenditure.

Furthermore, funding for this agreement is also dependent on the availability of cooperative agreements through the National Guard Bureau, Office of Grants and Cooperative Agreements utilizing DoD Component (NGB) Cooperative Agreement General Terms and Conditions, October 2023; Chief of the National Guard Bureau Instruction 9101.00, January 2023; and National Guard Regulation 5-1, National Guard Grants and Cooperative Agreements, May 2010. If at any time these funds are no longer available, the ADJ will be released from its obligations on the date funding is set to cease.

Written notice will be provided as soon as reasonably possible. These terms are not negotiable because they are tied to Ohio appropriation law.

Notwithstanding the foregoing, the expiration or early termination of this Contract will not limit the Contractor’s continuing obligations with respect to Deliverables that the State paid for or ordered before the expiration or termination, or limit the State’s rights in such, including any warranty services, licensed material, paid subscriptions, the support, or maintenance thereof, or other services.

Likewise, ADJ will be obligated to pay for any services or products that have been provided by the Contractor prior to the cessation of funds. However, the Contractor must cease to provide those products and/or services immediately upon notice.

FINAL STAGES OF EVALUATION. The Offeror with the highest point total from all phases of the evaluation (Technical Points + Cost Points) will be recommended for the next phase of the evaluation.

Technical Score: + Cost Score: = Total Score:

If the ADJ finds that one or more Proposals should be given further consideration, the ADJ may select one or more of the highest-ranking Proposals to move to the next phase. The ADJ may alternatively choose to bypass any or all subsequent phases and make an award based solely on the proposal evaluation phase.

REJECTION OF PROPOSALS. The ADJ may reject any Proposal that is not in the required format, does not address all the requirements of this RFP, or that the ADJ believes is excessive in price or otherwise not in its interests to consider or to accept. In addition, the ADJ may cancel this RFP, reject all the Proposals, and seek to do the Project through a new RFP or by other means.

PREFERENCES: A five (5) point reference will be given in the following order to:

Minority Owned Businesses Encouraging Diversity Growth and Equity Program (EDGE) Veteran Owned Businesses Women Owned Businesses Businesses based in Ohio and Buy Ohio Buy American Act

AWARD: ADJ is interested in contracting with a Supplier that can meet all deliverables and provide the best value at a fair market price. Award will be placed with the Supplier whose work plan best matches said criteria and who is in compliance with Federal and State laws.

PART 5: SCOPE OF WORK

See as separate attachment: ATTACHMENT 1.

PART 6: REQUIREMENTS FOR PROPOSALS

PROPOSAL FORMAT. Each Proposal must include sufficient data to allow the State to verify the total cost for the Project and all of the Offeror's claims of meeting the RFP's requirements. Your Proposal must respond to every request for information listed below:

1. Bidder’s Certification Form

2. Certification and Licensure

3. Work Plan

4. Support Requirements

5. Conflict of Interest Statement

6. Proof of Insurance

7. Payment Address

8. Supplier Registration

9. Affirmative Action Plan

10. Prohibition of the Expenditure of Public Funds for Offshore Services

11. Cost Summary Form

12. Preference Certification Statements

REQUIREMENTS

1. Bidder Certification Form: A completed copy of the Bidder Certification must accompany the submitted quote.

2. Certificates and Licensure: Please attach a list of certificates and licenses if applicable.

3. Work Plan: The Work Plan must demonstrate an understanding of the requirements of the project as described in the Scope of

Work. Provide a comprehensive Work Plan that gives ample description and detail as to how you propose to accomplish this project and what resources are necessary to meet the deliverables. ADJ seeks insightful responses that describe proven state-of-the-art methods. Recommended solutions should demonstrate that the Offeror would be prepared to immediately undertake and successfully complete the required tasks. The Offeror’s Work Plan should clearly and specifically identify key personnel assignments. (NOTE: The staffing plan should be consistent with the Work plans). Additionally, the Offeror should address potential problem areas, recommended solutions to the problem areas, and any assumptions used in developing those solutions.

4. Support Requirements: The Offeror must describe the support it wants from the ADJ other than what the ADJ has offered in this RFP. Specifically, the Offeror should address the following:

a. Nature and extent of ADJ support required in terms of staff roles, percentage of time available, etc.

b. Assistance from ADJ staff and the experience/qualification level required; and

c. Other support requirements.

The ADJ may not be able or willing to provide the additional support the Offeror lists in this part of its Proposal. The Offeror must therefore indicate whether its request for additional support is a requirement for its performance. If any part of the list is a requirement, the ADJ may reject the Offeror’s Proposal if the ADJ is unwilling or unable to meet the requirements.

5. Conflict of Interest Statement: Each Proposal must include a statement indicating whether the Offeror or any people that may work on the Project through the Offeror have a possible conflict of interest (e.g., employed by the State of Ohio, etc.) and, if so, the nature of that conflict. The State has the right to reject a Proposal in which a conflict is disclosed or cancel the Contract if any interest is later discovered that could give the appearance of a conflict.

6. Proof of Insurance: In this section, the Offeror must provide the certificate of insurance required by the Standard Terms & Conditions, Part V Liability Provisions Section C.

7. Payment Address: The Offeror must provide the address to which payments to the Offeror will be sent.

8. Supplier Registration: The Offeror must be registered as a supplier with the State through the Supplier Portal. Registration can be completed or confirmed at: https://supplier.ohio.gov

9. Affirmative Action: Before a contract can be awarded or renewed, an Affirmative Action Program Verification Form must be completed using:

https://supplier.ohio.gov/wps/portal/sp/suppliers/home-anon/!ut/p/z1/hY6xDoIwEIafhaGrvYgQdGscBBUMk9jFlARLTaFNWzC-vTXESYm33X_f_-UwxRWmPRsFZ06onkm_X2h8BZJl6TqB4nQoQyh36bLY5lEY5yt8_gfQ93lmCPg-nZAZQxx9gHnHHlMuVT29S_o6TDimprk1pjGLwfi4dU7bDQIEdtBaCp-rVqgFVyOCh7YIuqdWxjHpCf1L0yrrcPXVxrqr4B7J8UiC4AX6HT63/dz/d5/L2dBISEvZ0FBIS9nQSEh/ https://development.ohio.gov/business/construction-compliance/affirmative-action-program#AffirmativeActionProgramVerificationGoodsandServices

Approved Affirmative Action Plans can be found by going to the Minority Business Development Division (MBDD) Web site:

https://eodreporting.oit.ohio.gov/affirmative-action

Copies of approved Affirmative Action plans shall be supplied by the Offeror as part of its Proposal or inclusion of an attestation to the fact that the Offeror has completed the process and is pending approval by the MBDD office.

10. Offshore Services. The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, the Contractor must not change the location(s) disclosed on the Affirmation and Disclosure Form, unless a duly signed waiver from the State has been attained to perform the services outside the United States.

11. Cost Summary Form (or Quote). All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for 60 days, starting on the due date for proposals. The awarded contractor must hold the accepted prices and/or costs for the initial term of the contract. No price change shall be effective without prior written consent from ADJ. The State shall not be liable for any costs the Offeror does not identify in its Proposal.

12. Preference Certification Statements. Offerors claiming preference for Domestic Source End Products, the Ohio (Buy Ohio) preference, and/or Veteran Friendly Business Enterprise (VBE) must complete the Preference Certification Statements form.

https://development.ohio.gov/business/construction-compliance/affirmative-action-program#AffirmativeActionProgramVerificationGoodsandServices https://development.ohio.gov/business/construction-compliance/affirmative-action-program#AffirmativeActionProgramVerificationGoodsandServices https://eodreporting.oit.ohio.gov/affirmative-action https://procure.ohio.gov/static/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf https://procure.ohio.gov/pdf/Preference%20Certification%20Statements.pdf

PART 7: STANDARD TERMS AND CONDITIONS

See as separate attachment, ATTACHMENT 2.

PART 8: SPECIFIC CONTRACTUAL TERMS AND CONDITIONS

I. GENERAL PROVISIONS:

A. CONTRACT TERM. This contract may be in effect from on or about December 16, 2024, to April 15, 2025. 120 working days from award

B. CONTRACT RENEWAL. The proposed Contract may be renewed solely at the discretion of ADJ, for a period of three (3) additional months at one (1) month increments. The decision to renew this contract shall be based on mutual agreement following the negotiation of prices. The State will issue a 30-day notice to the Contractor if the State decides to renew this Contract. The Contractor shall not obligate resources in anticipation of a renewal until notice is provided.

C. The effective date of the Contract is the effective date stated in the Contract or the date the Contract is fully executed, whichever is later. The Contract will remain in effect until the earliest of: (1) the ending date stated in the Contract; (2) the Contract is fully performed by both parties; (3) the Contract is canceled or terminated; or (4) the Contract expires at the end of a biennium unless continued by the State. (See Standard Terms and Conditions Section III Part A.)

D. This agreement, and the exercise by ADJ of any option to renew the Contract Term, is subject to appropriation by the

General Assembly, and continued funding in accordance with cooperative agreements under NGR-5-1.

II. SPECIAL PROVISIONS:

A. LOBBYING. The Contractor covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, or a Member of Congress, in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352) is incorporated by reference and the CONTRACTOR/VENDOR covenants and agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued.

B. ENVIRONMENTAL STANDARDS. The Contractor/Vendor agrees that its performance under this contract shall comply with the requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relate generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder; the Resources Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); the National Environmental Policy Act (NEPA); and any applicable Federal, State or Local environmental regulation.

The Contractor/Vendor shall ensure that no facility used in its performance under this contract is listed on the Environmental Protection Agency (EPA) list of violating facilities pursuant to 40 CFR Part 15.5 without the concurrence of ADJ and NGB. The Contractor/Vendor shall notify the ADJ of the receipt of any communication from EPA indicating that a facility to be or being used in its performance under this Agreement is under consideration for listing on the EPA list of violating facilities.

For the purposes of this section, ADJ agrees that the Contractor’s/Vendor’s obligations of this section above shall not apply to any armory, base, training site, or other facility or portion thereof, the operation and maintenance of which is funded under the Master Cooperative Agreement (MCA), that is currently or becomes, listed as a violating facility, on the effective date of the MCA, pursuant to 40 CFR Part 15.5; nor, shall the listing be the basis for the ADJ's termination for cause of the MCA or for the ADJ's disallowance of any cost otherwise allowable under the MCA. Subject to the availability of funds, the

Contractor/Vendor and the ADJ agree to cooperate to remediate, as expeditiously as possible, any facility the operation and maintenance of which is within the scope of the MCA, the condition giving rise to the listing of any such facility as a violating facility according to applicable statutes, regulations, or other agreements subject to the availability of funds.

C. DEBARMENT AND SUSPENSION The Contractor/Vendor shall not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” The Final Rules, Government wide Debarment and Suspension (non-procurement) issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 25) to implement the provisions of Executive Order 12549, “Debarment and Suspension” is incorporated by reference and the Contractor/Vendor covenants and agrees to comply with all the provisions thereof, including any amendments that may hereafter be issued.

D. RELOCATION AND REAL PROPERTY ACQUISITION The Contractor/Vendor covenants and agrees that it will comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.

Section 4601 et seq.) and regulations issued thereunder (49 CFR Part 24).

E. COPELAND "ANTI-KICKBACK" ACT The Contractor/Vendor agrees that it will comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this Agreement, the Copeland "Anti-Kickback" Act makes it unlawful to induce, by force, intimidation, threat or procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The Contractor/Vendor covenants and agrees that it will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this Agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this Agreement shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1.5 times the basic rate of pay. This Act is applicable to any construction contract awarded in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers.

G. NATIONAL HISTORIC PRESERVATION The Contractor/Vendor agrees to identify to the awarding agency any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and to provide any help the awarding agency may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, et seq.), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR Part 800 and Executive Order 11593 (3 CFR, 1971-1975 Comp., p. 559).

H. HATCH ACT The Contractor/Vendor agrees to comply with the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328), as implemented by the Office of Personnel Management at 5 CFR Part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds.

I. CARGO PREFERENCE Travel supported by U.S. Government funds under this agreement shall use U.S.-flag air carriers

(air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

J. BUY AMERICAN ACT The Contractor/Vendor agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

K. USE OF UNITED STATES FLAG CARRIERS The Contractor covenants and agrees that travel supported by U.S.

Government funds under this Agreement shall use U.S.-flag air carriers ( air carriers holding certificates under 49 U.S.C.

41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

The Contractor agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. 1241), as implemented by Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b).

L. PERFORMANCE BOND: The Contractor, once awarded, will be required to provide a performance or surety bond issued by an insurance company or…