DCY-C-2627-0036-04_EI_assistive_tech_Prentke.pdf

State of Ohio Department of Children and Youth Early Intervention Assistive Technology – RFQ DCY-C-2627-0036Q

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STATE OF OHIO

DEPARTMENT OF CHILDREN AND YOUTH

REQUEST FOR QUALIFICATIONS

RFQ NUMBER: DCY-C-2627-0036Q

The Department of Children and Youth (DCY), is issuing the following Request for Qualifications (RFQ):

Early Intervention Assistive Technology RFQ

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

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Section 1 - Overview

A. Definitions in this RFQ

The following definitions apply to the RFQ and Contract.

Agency or DCY: Ohio Department of Children and Youth.

Contract: The contract resulting from this RFQ.

Contractor: The selected Offeror.

DAS: Ohio Department of Administrative Services.

Deliverable: Any Contractor-provided products, supplies, services, or work described in the specifications of the Contract.

Offeror: An offeror submitting a Proposal in response to this RFQ.

Proposal: Documents submitted by Offerors in response to this RFQ.

State: State of Ohio.

Work: The scope of work described in this RFQ.

EI: Early Intervention

IFSP: Individualized Family Service Plan – A plan developed collaboratively by the local county EI team and the family to ensure that the services reflect the child’s and family’s needs.

AAC: Augmentative and Alternative Communication Systems – Tools and strategies used to help individuals with communication difficulties express themselves. Such tools encompass a wide range of methods, from simple picture boards to sophisticated electronic devices, that supplement or replace speech or writing. AAC can be "augmentative," meaning it adds to existing communication abilities, or "alternative," meaning it provides a different way to communicate when speech is limited or impossible.

B. Term of Contract

Once awarded, the term of the Contract will be as set forth in Part 6, Draft Contract. The State may solely renew this Contract at its discretion for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the State as set forth in Part 6. Each renewal is subject to and contingent upon the discretionary decision of the Ohio General Assembly to appropriate funds for this Contract in each new biennium. The State may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the Agency.

C. Purpose and Background

This RFQ seeks to identify qualified vendors capable of delivering high-quality, evidence-based assistive technology and support services that enable DCY to meet its mission: to ensure children with disabilities and developmental delays have equitable access to the tools and support needed during the most critical years of growth and development.

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DCY, through its administration of Part C of the Individuals with Disabilities Education Act (IDEA), provides early intervention services to infants and toddlers (birth to age three) with developmental delays or disabilities and their families. These services are delivered in accordance with each child’s IFSP and are intended to promote development and functional participation in everyday routines and activities within natural environments, such as the home and community.

DCY is seeking quotes for the procurement and provision of Assistive Technology (AT) devices, including but not limited to:

1. Mobility and positioning equipment (e.g., walkers, standers, gait trainers, adaptive seating) needed to promote participation and safe movement

2. Communication devices, including Augmentative and Alternative Communication (AAC) systems appropriate for children birth to three years of age

Section 2 – Evaluation Process and Evaluation Metrics

A. Evaluation of Proposals Generally

To maintain fairness in the evaluation process, the State will obtain all information sought in a manner such that no Offeror is provided an unfair competitive advantage.

B. Mandatory Requirements Evaluation

The Offeror must demonstrate that it meets all of the Mandatory Requirements listed in the Mandatory Requirements table. A Proposal meeting all of the Mandatory Requirements may be included in the next part of the evaluation phase as described herein.

The State will evaluate the Mandatory Requirements to determine whether the Proposal meets all of the Mandatory Requirements. If the information Proposal does not clearly meet every Mandatory Requirement, the Proposal may be disqualified without further evaluation.

Mandatory Requirements must be met by the Offeror, itself. The Offeror’s subcontractors will not be accepted.

1. Mandatory Requirements

The table below lists this RFQ’s Mandatory Requirements. A Proposal meeting the Mandatory Requirements may be included in the next phase of the evaluation process.

MANDATORY REQUIREMENTS

Mandatory Requirements Accept

Reject

1. The Offeror has experience working with infants and toddlers (birth to three years of age) with delays and/or disabilities.

2. The Offeror must be willing to accept Medicaid rates as payment in full for both Medicaid and private insurance.

3. The Offeror must be able to bill Medicaid and private insurance providers.

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4. The Offeror must be able to order the device within 30 days of its inclusion in the IFSP.

C. Determination of Responsibility

The State will review the highest-ranking Offeror and proposed subcontractors to ensure that the Offeror is responsible prior to Contract award. The State may reject any Proposal if an Offeror or a subcontractor is determined not to be responsible. The State’s determination of an Offeror’s responsibility may include the following factors: (i) experience, (ii) financial condition, (iii) facilities, (iv) past conduct and performance on previous contracts, (v) ability to execute the Contract properly, (vi) management skills, and (vii) information security assurances. The State will make such determination of responsibility based on the Proposal, reference evaluations, and any other information the State requests or determines is relevant.

D. Waiver of Defects

The State may waive any defects in any Proposal or errors in the submission process by an Offeror, but the State will only do so when it is in the State's interest and will not cause any material unfairness to another Offeror.

E. Clarifications, Corrections, and Changes

During the evaluation process, the State maintains discretion to request clarifications from any Offeror or give any Offeror the opportunity to correct defects in its Proposal if doing so would not result in an unfair advantage for any Offeror. The State may reject any clarification that is non-responsive or broader in scope than what the State requested. If the State rejects the clarification, or if the Offeror fails to respond to the request for clarification, the State may request additional clarification, consider the Proposal without the clarification, or disqualify the Proposal.

After the Proposal due date, the State may change the requirements or terms and conditions of this RFQ and request updated Proposals from those Offerors whose Proposals are under active consideration. In such cases, the State will permit Offerors to withdraw their Proposals if they are unable to meet the changed requirements or terms and conditions.

Section 3 – Instructions to Offeror

A. Introduction to General Instructions

The following sections provide details on how to get more information about this RFQ and how to respond to this RFQ. All responses must be complete and in the prescribed format.

B. Inquiries

Offerors may not contact the State directly at any time during the solicitation process, however Offerors may make inquiries regarding this RFQ any time during the inquiry period listed in OhioBuys.

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

Version 062325 the OhioBuys Public Solicitations page by opening the Solicitation Overview and navigating to the inquiries section of that page.

The State will attempt to respond to all inquiries within three business days of receipt, excluding State holidays. The State will not respond to any inquiries received after 8:00 a.m. on the inquiry end date listed in OhioBuys. The State will use its discretion in deciding whether to provide responses as part of this RFQ process. Responses to inquiries are not considered changes to the RFQ.

C. Restrictions on Communication

Other than the communication options described in this RFQ, Offerors must not make unsolicited contact with any elected official or office of the State, any staff member of DAS or the Agency, or any agent or representative of DAS or the Agency, regarding this RFQ. Offerors must not represent themselves to anyone as having the endorsement of the Agency or the State, nor as the Agency’s next supplier of the Work. For contractors currently doing business with the Agency, any communication regarding this RFQ is prohibited except as provided for in this RFQ. Any such unauthorized contact may result in an Offeror being disqualified from further consideration under this RFQ. The State will not discuss the particulars of this RFQ process with external parties.

D. Proposal Format

Technical Proposal: The Offeror’s technical proposal must be submitted in Microsoft Word®, if possible (certain forms may be submitted as PDFs), through OhioBuys and as instructed in the technical questionnaire in OhioBuys. The technical proposal shall consist of all questionnaire responses and documents submitted in response to this RFP excluding the cost proposal. All technical proposal documents must be submitted in the order listed below.

E. Proposal Submittal

Each Offeror must submit a Work Plan before the Proposal due date and time and pursuant to the instructions in this section. Proposals, including all components of the Proposals, must not be password protected or the State may reject any such Proposals.

Offerors must submit their Proposals electronically in OhioBuys before the noted time on the Proposal due date. Paper submissions will be destroyed and will not be considered. OhioBuys will not allow submission or modification to a submission after the deadline. An Offeror submitting an electronic Proposal must allow for adequate time for uploading a Proposal prior to the due date and time. Technical difficulties experienced by the Offeror will not be an exception.

Each Offeror must carefully review the requirements of this RFQ and the contents of its Proposal. Once opened, Proposals cannot be altered or withdrawn, except as allowed by this RFQ.

The State may reject any Proposal if the Offeror takes exception to the terms and conditions of this RFQ, includes unacceptable assumptions or conditions in its Proposal, fails to comply with the procedure for participating in the RFQ process, or fails to meet any requirement of this RFQ. The State also may reject any Proposal it believes is not in its interest to accept, cancel this RFQ, or decide not to award a Contract to any or all of the Offerors responding to this RFQ.

All Proposals and other material that Offerors submit will become the property of the State and may be returned only at the State's option. All Proposals will be open to the public after the State has awarded the Contract. The State will retain all Proposals, or a copy of them, as part of the Contract file for at least six years. After the six-year retention period, the State may dispose of the Proposals and any copies of them.

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The State is not responsible for any costs an Offeror incurs in responding to this RFQ or from participating in the evaluation process or negotiations process (if any), regardless of whether the State awards the Contract through this process, decides not to go forward with the Contract award, cancels this RFQ for any reason, or contracts for the Work through some other process or through another RFQ.

F. Rejection of Proposals Generally

The State may reject any Proposal for the reasons listed in this RFQ, that fails to comply with the procedure for participating in the RFQ process, that fails to meet the RFQ requirements, or that is not in the State’s interest to consider or to accept. In addition, the State may cancel this RFQ, reject all Proposals, and seek to do the Work through a new RFQ or by other means.

G. Proprietary Information

As set forth in Ohio Administrative Code 123:5-1-07 and 123:5-1-08, if an Offeror includes in its Proposal information it considers exempt from disclosure in a public records request, it must submit a redacted version of any document containing such information, as further described in this paragraph. Offerors must only redact (black out) the specific language that is exempt from disclosure pursuant to the Ohio Public Records Act. Examples of actions that are not acceptable for the protection of information in a Proposal include: (a) redaction of sections in their entirety simply because they may contain some information exempt from disclosure pursuant to the Ohio Public Records Act; (b) inclusion of a blanket confidentiality or copyright notice anywhere in the Proposal; and (c) redaction of the cost proposal in its entirety. Prices, makes, models, catalog numbers of the items offered, deliveries, and terms of payment will be available for public inspection regardless of any designation to the contrary.

In addition to the redacted document(s), Offerors must submit a list of each redaction, using the Offeror Redaction Justification Form (Form 5d) in Part 5, with a detailed legal explanation for each redaction to demonstrate that the redacted information is protected under the Ohio Public Records Act. A blanket statement that all redactions are exempt from disclosure pursuant to the Ohio Public Records Act and/or the Uniform Trade Secrets Act is not a sufficient explanation. The redacted version(s) must be submitted as an electronic copy in a searchable PDF format. The redacted version(s) and accompanying explanation, as submitted, will be available for inspection and released in response to public records requests.

By submitting a redacted Proposal, the Offeror agrees to indemnify the State, DAS, and the Agency for any court costs, statutory damages, attorney fees, or other award issued against the State, DAS, or the Agency for any violation of the Ohio Public Records Act resulting from the State, DAS, or the Agency providing the Offeror’s redacted version of its Proposal in response to a public records request.

By not submitting a redacted version of the Proposal with accompanying explanation, an Offeror consents to the release of the original Proposal submission in response to a public records request.

If redacted version(s) with the accompanying explanation are not submitted, or if an improperly redacted version or insufficient explanation is submitted, the State will advise the Offeror in writing what portions of the Proposal are subject to disclosure in response to public records requests.

H. Proposal Components

1. Work Plan. The specifics of the Work Plan must include sufficient detail for the State to understand the Offeror’s knowledge and approach to the following: managing the Work;

documenting planning decisions; facilitating communication among stakeholders; defining key management review as to content, scope, and schedule; and providing a baseline for progress measurement and Work control.

At a minimum, the Work Plan must include the following:

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a. A description of the project management approach; and

b. A high-level overview of the following subsidiary project management plans:

If applicable to the Work, the Offeror must identify all proposed equipment needed for the Work during the installation, customization (as applicable), implementation, and ongoing operations phases. The Proposal must include the proposed manufacturer's name and model for all equipment. Additionally, the Offeror must identify any equipment that the State will require for the implementation and ongoing operation of the Work that is not otherwise specified in this

RFQ.

Additionally, in the Work Plan, the Offeror should address potential and known risks, and proposed risk mitigation strategies.

2. Offeror Redaction Justification Form (Form 5d). The Offeror must complete the Offeror Redaction Justification Form pursuant to the instructions above, Proprietary Information, and Form 5d if the Offeror includes in its Proposal information it considers exempt from disclosure in a public records request.

3. Acceptance of Terms and Conditions. The Offeror must include the entire content of Parts 2 and 3 as a single section in its Proposal. The Offeror must include a statement at the beginning of this section indicating that the Offeror has read, understands, and agrees to all of the terms and conditions contained in Parts 2 and 3.

4. Pre-Existing Materials. If applicable, the Offeror must list any Pre-Existing Materials (defined in Part 2 that will be included in a Deliverable in Form 5e in Part 5. The State may reject any Proposal that includes Pre-Existing Materials for a custom solution if the State believes that such is not appropriate or desirable for the Work.

5. Commercial Material. If applicable, the Offeror must list any Commercial Material (defined in

Part 2, including Commercial Software (defined in Part 2), that the Offeror will deliver in which the State will have less than full ownership in Form 5e in Part 5. Generally, these will be from third parties. The Offeror need not list patented parts of equipment.

The Offeror must attach the applicable license agreement(s) for all Commercial Material for the State to review. However, the State may require the Offeror or third party to enter into the State’s Master Contract for Software Licensing.

CONTRACT

Part 1 – Scope of Work

Offerors must:

i. Provide developmentally appropriate and clinically indicated AT and durable medical equipment that meets the unique needs of infants and toddlers with developmental disabilities in alignment with early intervention best practices.

ii. Ensure all equipment is age and size appropriate (birth to age three), adaptable to natural environments, and aligned with safety and quality standards.

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iii. Offer augmentative and alternative communication (AAC) and other communication devices suited to the developmental level of the child, in collaboration with speech-language pathologists or other qualified team members, as needed.

iv. Support customization, fitting, and caregiver training—either directly or through partnerships with licensed professionals—to ensure appropriate use and integration into daily routines.

v. Coordinate with IFSP teams and EI providers to ensure that equipment selection and delivery are individualized, timely, and cost-effective.

vi. Deliver all standard Early Intervention Assistive Technology items that do not require customization within 30 calendar days from the date of order.

vii. Provide an anticipated delivery timeline at the time of order confirmation for custom or specialized items that require unique configuration, fabrication, or build beyond standard models, maintain clear communication regarding delivery status, and immediately notify the State of any anticipated delivery delays.

viii. Provide documentation of clinical need, warranty information, service agreements, and equipment maintenance guidance, as applicable.

ix. Accept Medicaid as payment in full for both Medicaid and private insurance.

x. Bill Medicaid and private insurance providers.

Part 2 – Contract-Specific Terms and Conditions

A. Ownership of Deliverables

1. License in Commercial Material

Commercial Material means anything that has been developed at private expense by the Offeror or a third party, commercially available in the marketplace, subject to intellectual property rights, and readily copied through duplication on magnetic media, paper, or other media. Examples of Commercial Material include written reports, books, pictures, videos, movies, computer programs, software, and computer source code and documentation. Commercial Material includes Commercial Software (defined below).

Use of any Commercial Material will be governed by the applicable license terms negotiated and accepted by the State. In addition to the license agreement(s) provided in Contractor’s Proposal (as negotiated and accepted by the State), if any Commercial Material is added to the Work after Contract award, Contractor must disclose the applicable license agreement(s) or other terms for any additional Commercial Material and assist the State as needed in any negotiation of the license agreement(s) or other terms.

In addition to the license or other terms applicable to the Commercial Material and except for Commercial Material that is software (“Commercial Software” as defined in the next section):

a. If the Commercial Material is copyrighted and published, the State will have the rights permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor;

b. If the Commercial Material is patented, the State will have the rights permitted under the

Federal patent laws for each copy of the Commercial Material delivered to it by the Contractor;

and

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c. If the Commercial Material consists of trade secrets, the State will have the same rights and duties permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor, whether or not the material is copyrighted when delivered to the State, and the State will treat the Commercial Material as confidential. In this regard, the State will assume all obligations with respect to the Commercial Material that the Contractor assumes under the Confidentiality section of this Contract with respect to State Confidential Information.

B. Warranties, Maintenance, and Additional Insurance

1. Additional Insurance

In addition to the insurance requirements in Part 3 – Standard Terms and Conditions, the Contractor shall also procure and maintain for the duration of the Contract, the insurance coverage set forth below.

a. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage must be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Contract and must cover all applicable Contractor personnel or subcontractors who perform professional services related to this Contract.

Part 3 – Standard Terms and Conditions

The Standard Terms and Conditions applicable to this Contract are found at the following link:

https://procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

Part 5 – Required Forms

This part includes the forms described in Section 2.H., above and includes the following forms:

• Form 5a – Independent Contractor Acknowledgement Form

• Form 5b – Affirmation and Disclosure Form

• Form 5d – Offeror Redaction Justification Form

• Form 5e – Proposed Pre-Existing Materials and Commercial Software Form

• Form 5f – Mandatory Requirements Form

FORM 5a

INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT FORM

The current version of the Independent Contractor Acknowledgement Form is available at:

https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.opers.org%2Fforms-archive%2FPEDACKN-Non-Member-Acknowledgment.pdf&data=05%7C02%7CKyle.Bailey%40das.ohio.gov%7Ca32d685e26b247edb63e08dc27440d39%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638428420443430325%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=CTycqV10tiNbbtrjoU4tBvYs0Daee0FM%2B6GNMCn2%2FGQ%3D&reserved=0

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FORM 5b

AFFIRMATION AND DISCLOSURE FORM

The current version of the Affirmation and Disclosure Form is available at:

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Af firmation_and_Disclosure_Form_5-20-24_fillable_form.pdf https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf

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FORM 5d

OFFEROR REDACTION JUSTIFICATION FORM

An Offeror must use this chart to describe each proposed redaction. If the State takes issue with any proposed redaction, the State will contact the Offeror for clarification or revision. The Offeror may withdraw its Proposal at any time prior to the award of the Contract.

Document Title and Page Number

Legal basis for each redaction and summary of specific facts supporting the legal basis for each redaction.

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Offeror Guidance for Proposal Redactions

The Ohio Public Records Act is intended to be liberally construed “to ensure that governmental records be open and made available to the public…subject to only a few very limited and narrow exceptions.” State ex rel. Williams v. Cleveland (1992), 64 Ohio St.3d 544, 549, 597 N.E.2d 147, 151. The State provides this guidance to help an Offeror identify and document material in its Proposal that the Offeror considers exempt from disclosure pursuant to the Ohio Public Records Act, as set forth in the Request for Proposal. The two most cited reasons for Proposal redactions by Offerors are personal information and trade secrets.

Personal information is defined in R.C. 149.45(A)(1). Any information redacted by an Offeror based on this provision must be one of the following:

1. An individual’s social security number;

2. An individual’s state or federal tax identification number;

3. An individual’s driver’s license number or state identification number;

4. An individual’s checking account number, savings account number, credit card number, or debit card number; or

5. An individual’s demand deposit account number, money market account number, mutual fund account number, or any other financial or medical account number.

Trade secret is defined in R.C. 1333.61(D) as:

information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers that satisfies both of the following: (1) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and (2) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Additionally, the Ohio Supreme Court utilizes the following factors when analyzing a trade secret claim: (1) the extent to which the information is known outside the business; (2) the extent to which it is known to those inside the business, i.e., by employees; (3) the precautions taken by the holder of the trade secret to guard the secrecy of the information; (4) the savings effected and the value to the holder in having the information as against competitors; (5) the amount of effort or money expended in obtaining and developing the information; and (6) the amount of time and expense it would take for others to acquire and duplicate the information. State ex rel. Besser v. Ohio State Univ., 89 Ohio St.3d 396, 399-400 (2000).

The Offeror – not the State – bears the burden of identifying and demonstrating that the material is included in categories of protected information under the Ohio Public Records Act. Id. at 5.

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FORM 5e

PROPOSED PRE-EXISTING MATERIALS AND COMMERCIAL SOFTWARE FORM

An Offeror must use this chart to list each proposed pre-existing material and commercial software.

Pre-Existing Material Description

Commercial Software Description

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FORM 5f - 1

MANDATORY REQUIREMENTS FORM

MANDATORY REQUIREMENT 1:

Experience working with infants and toddlers (Birth to age three) with delays and/or disabilities.

Offeror’s Response to Mandatory Requirement 1:

Offeror must respond to all questions below as the components of this Mandatory Requirement

Respond “Yes” or “No” to the following:

Experience working with infants and toddlers (Birth to age three) with delays and/or disabilities. _________

Offeror Narrative (Offeror must substantiate the “Yes” responses and other information above on this form by providing a detailed narrative clearly demonstrating how the Offeror meets this Mandatory Requirement):

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FORM 5f - 2

MANDATORY REQUIREMENT 2:

The Offeror must be willing to accept Medicaid rates as payment in full.

Offeror’s Response to Mandatory Requirement 2:

Respond “Yes” or “No” to the following:

The Offeror must be willing to accept Medicaid rates as payment in full. _________

Offeror Narrative (Offeror must substantiate the “Yes” responses and other information above on this form by providing a detailed narrative clearly demonstrating how the Offeror meets this Mandatory Requirement):

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FORM 5f - 3

MANDATORY REQUIREMENT 3:

The Offeror must be able to bill Medicaid and private insurance providers.

Offeror’s Response to Mandatory Requirement 3:

Respond “Yes” or “No” to the following:

The Offeror must be able to bill Medicaid and private insurance providers. _________

Offeror Narrative (Offeror must substantiate the “Yes” responses and other information above on this form by providing a detailed narrative clearly demonstrating how the Offeror meets this Mandatory Requirement):

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FORM 5f - 4

MANDATORY REQUIREMENT 4:

The Offeror must be able to order the device within 30 days of its inclusion in the IFSP.

Offeror’s Response to Mandatory Requirement 4:

Respond “Yes” or “No” to the following:

The Offeror must be able to order the device within 30 days of its inclusion in the IFSP. _________

Offeror Narrative (Offeror must substantiate the “Yes” responses and other information above on this form by providing a detailed narrative clearly demonstrating how the Offeror meets this Mandatory Requirement):

Part 6 – Draft Contract

A CONTRACT BETWEEN

THE OHIO DEPARTMENT OF CHILDREN AND YOUTH

AND

[CONTRACTOR] for Early Intervention Assistive Technology DCY-C- DCY-C-2627-0036Q

This Contract DCY-C-2627-0036Q, which results from Request for Qualifications #DCY-C- DCY-C-2627- 0036Q titled Early Intervention Assistive Technology (RFQ), is between the State of Ohio, through the Department of Children and Youth, and [Contractor Name] (Contractor).

This Contract is the result of agreed upon changes to the RFQ including all exhibits and written amendments to this RFQ and the Contractor's negotiated and accepted Proposal. It will also include any materials incorporated by reference in the above documents. The terms and conditions for this Contract are contained in Parts 2 and 3 of the RFQ. If there are conflicting provisions between the documents that make up the Contract, the order of precedence for the documents is as follows:

1. This one-page Contract;

2. This RFQ, including all sections, parts, and exhibits, as amended; and

3. The Proposal dated [date].

Once awarded, the term of the Contract will be from the date the contract fully executes through June 30, 2026. The State may solely renew this Contract at its discretion for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the State. The parties may renew this Contract for up to one-year term(s). Any such renewal of all or part of the Contract is also subject to the satisfactory performance of the Contractor and the needs of the State of Ohio.

To show their agreement, the parties have executed this Contract as of the dates below.

[CONTRACTOR] STATE OF OHIO, CHILDREN AND YOUTH

By: _________________________________ By: ____________________________________

Name: ______________________________ Name: Kara B. Wente

Title: ________________________________ Title: Director

Date: ________________________________ Date: ___________________________________

STATE OF OHIO

DEPARTMENT OF CHILDREN AND YOUTH

REQUEST FOR QUALIFICATIONS

RFQ NUMBER: DCY-C-2627-0036Q

The Department of Children and Youth (DCY), is issuing the following Request for Qualifications (RFQ):

Early Intervention Assistive Technology RFQ

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

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Section 1 - Overview

A. Definitions in this RFQ

The following definitions apply to the RFQ and Contract.

Agency or DCY: Ohio Department of Children and Youth.

Contract: The contract resulting from this RFQ.

Contractor: The selected Offeror.

DAS: Ohio Department of Administrative Services.

Deliverable: Any Contractor-provided products, supplies, services, or work described in the specifications of the Contract.

Offeror: An offeror submitting a Proposal in response to this RFQ.

Proposal: Documents submitted by Offerors in response to this RFQ.

State: State of Ohio.

Work: The scope of work described in this RFQ.

EI: Early Intervention

IFSP: Individualized Family Service Plan – A plan developed collaboratively by the local county EI team and the family to ensure that the services reflect the child’s and family’s needs.

AAC: Augmentative and Alternative Communication Systems – Tools and strategies used to help individuals with communication difficulties express themselves. Such tools encompass a wide range of methods, from simple picture boards to sophisticated electronic devices, that supplement or replace speech or writing. AAC can be "augmentative," meaning it adds to existing communication abilities, or "alternative," meaning it provides a different way to communicate when speech is limited or impossible.

B. Term of Contract

Once awarded, the term of the Contract will be as set forth in Part 6, Draft Contract. The State may solely renew this Contract at its discretion for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the State as set forth in Part 5. Each renewal is subject to and contingent upon the discretionary decision of the Ohio General Assembly to appropriate funds for this Contract in each new biennium. The State may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the Agency.

C. Purpose and Background

This RFQ seeks to identify qualified vendors capable of delivering high-quality, evidence-based assistive technology and support services that enable DCY to meet its mission: to ensure children with disabilities and developmental delays have equitable access to the tools and support needed during the most critical years of growth and development.

DCY, through its administration of Part C of the Individuals with Disabilities Education Act (IDEA), provides early intervention services to infants and toddlers (birth to age three) with developmental delays or

Version 062325 disabilities and their families. These services are delivered in accordance with each child’s IFSP and are intended to promote development and functional participation in everyday routines and activities within natural environments, such as the home and community.

DCY is seeking quotes for the procurement and provision of Assistive Technology (AT) devices, including but not limited to:

1. Mobility and positioning equipment (e.g., walkers, standers, gait trainers, adaptive seating) needed to promote participation and safe movement

2. Communication devices, including Augmentative and Alternative Communication (AAC) systems appropriate for children birth to three years of age

Section 2 – Evaluation Process and Evaluation Metrics

A. Evaluation of Proposals Generally

To maintain fairness in the evaluation process, the State will obtain all information sought in a manner such that no Offeror is provided an unfair competitive advantage.

B. Mandatory Requirements Evaluation

The Offeror must demonstrate that it meets all of the Mandatory Requirements listed in the Mandatory Requirements table. A Proposal meeting all of the Mandatory Requirements may be included in the next part of the evaluation phase as described herein.

The State will evaluate the Mandatory Requirements to determine whether the Proposal meets all of the Mandatory Requirements. If the information Proposal does not clearly meet every Mandatory Requirement, the Proposal may be disqualified without further evaluation.

Mandatory Requirements must be met by the Offeror, itself. The Offeror’s subcontractors will not be accepted.

1. Mandatory Requirements

The table below lists this RFQ’s Mandatory Requirements. A Proposal meeting the Mandatory Requirements may be included in the next phase of the evaluation process.

MANDATORY REQUIREMENTS

Mandatory Requirements Accept

Reject

1. The Offeror has experience working with infants and toddlers (birth to three years of age) with delays and/or disabilities.

2. The Offeror must be willing to accept Medicaid rates as payment in full for both Medicaid and private insurance.

3. The Offeror must be able to bill Medicaid and private insurance providers.

4. The Offeror must be able to order the device within 30 days of its inclusion in the IFSP.

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C. Determination of Responsibility

The State will review the highest-ranking Offeror and proposed subcontractors to ensure that the Offeror is responsible prior to Contract award. The State may reject any Proposal if an Offeror or a subcontractor is determined not to be responsible. The State’s determination of an Offeror’s responsibility may include the following factors: (i) experience, (ii) financial condition, (iii) facilities, (iv) past conduct and performance on previous contracts, (v) ability to execute the Contract properly, (vi) management skills, and (vii) information security assurances. The State will make such determination of responsibility based on the Proposal, reference evaluations, and any other information the State requests or determines is relevant.

D. Waiver of Defects

The State may waive any defects in any Proposal or errors in the submission process by an Offeror, but the State will only do so when it is in the State's interest and will not cause any material unfairness to another Offeror.

E. Clarifications, Corrections, and Changes

During the evaluation process, the State maintains discretion to request clarifications from any Offeror or give any Offeror the opportunity to correct defects in its Proposal if doing so would not result in an unfair advantage for any Offeror. The State may reject any clarification that is non-responsive or broader in scope than what the State requested. If the State rejects the clarification, or if the Offeror fails to respond to the request for clarification, the State may request additional clarification, consider the Proposal without the clarification, or disqualify the Proposal.

After the Proposal due date, the State may change the requirements or terms and conditions of this RFQ and request updated Proposals from those Offerors whose Proposals are under active consideration. In such cases, the State will permit Offerors to withdraw their Proposals if they are unable to meet the changed requirements or terms and conditions.

Section 3 – Instructions to Offeror

A. Introduction to General Instructions

The following sections provide details on how to get more information about this RFQ and how to respond to this RFQ. All responses must be complete and in the prescribed format.

B. Inquiries

Offerors may not contact the State directly at any time during the solicitation process, however Offerors may make inquiries regarding this RFQ any time during the inquiry period listed in OhioBuys.

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.

The State will attempt to respond to all inquiries within three business days of receipt, excluding State holidays. The State will not respond to any inquiries received after 8:00 a.m. on the inquiry end date listed in OhioBuys. The State will use its discretion in deciding whether to provide responses as part of this RFQ process. Responses to inquiries are not considered changes to the RFQ.

C. Restrictions on Communication

Other than the communication options described in this RFQ, Offerors must not make unsolicited contact with any elected official or office of the State, any staff member of DAS or the Agency, or any agent or representative of DAS or the Agency, regarding this RFQ. Offerors must not represent themselves to anyone as having the endorsement of the Agency or the State, nor as the Agency’s next supplier of the Work. For contractors currently doing business with the Agency, any communication regarding this RFQ is prohibited except as provided for in this RFQ. Any such unauthorized contact may result in an Offeror being disqualified from further consideration under this RFQ. The State will not discuss the particulars of this RFQ process with external parties.

D. Proposal Format

Technical Proposal: The Offeror’s technical proposal must be submitted in Microsoft Word®, if possible (certain forms may be submitted as PDFs), through OhioBuys and as instructed in the technical questionnaire in OhioBuys. The technical proposal shall consist of all questionnaire responses and documents submitted in response to this RFP excluding the cost proposal. All technical proposal documents must be submitted in the order listed below.

E. Proposal Submittal

Each Offeror must submit a Work Plan before the Proposal due date and time and pursuant to the instructions in this section. Proposals, including all components of the Proposals, must not be password protected or the State may reject any such Proposals.

Offerors must submit their Proposals electronically in OhioBuys before the noted time on the Proposal due date. Paper submissions will be destroyed and will not be considered. OhioBuys will not allow submission or modification to a submission after the deadline. An Offeror submitting an electronic Proposal must allow for adequate time for uploading a Proposal prior to the due date and time. Technical difficulties experienced by the Offeror will not be an exception.

Each Offeror must carefully review the requirements of this RFQ and the contents of its Proposal. Once opened, Proposals cannot be altered or withdrawn, except as allowed by this RFQ.

The State may reject any Proposal if the Offeror takes exception to the terms and conditions of this RFQ, includes unacceptable assumptions or conditions in its Proposal, fails to comply with the procedure for participating in the RFQ process, or fails to meet any requirement of this RFQ. The State also may reject any Proposal it believes is not in its interest to accept, cancel this RFQ, or decide not to award a Contract to any or all of the Offerors responding to this RFQ.

All Proposals and other material that Offerors submit will become the property of the State and may be returned only at the State's option. All Proposals will be open to the public after the State has awarded the Contract. The State will retain all Proposals, or a copy of them, as part of the Contract file for at least six years. After the six-year retention period, the State may dispose of the Proposals and any copies of them.

The State is not responsible for any costs an Offeror incurs in responding to this RFQ or from participating in the evaluation process or negotiations process (if any), regardless of whether the State awards the Contract through this process, decides not to go forward with the Contract award, cancels this RFQ for any reason, or contracts for the Work through some other process or through another RFQ.

F. Rejection of Proposals Generally

The State may reject any Proposal for the reasons listed in this RFQ, that fails to comply with the procedure for participating in the RFQ process, that fails to meet the RFQ requirements, or that is not in the State’s

Version 062325 interest to consider or to accept. In addition, the State may cancel this RFQ, reject all Proposals, and seek to do the Work through a new RFQ or by other means.

G. Proprietary Information

As set forth in Ohio Administrative Code 123:5-1-07 and 123:5-1-08, if an Offeror includes in its Proposal information it considers exempt from disclosure in a public records request, it must submit a redacted version of any document containing such information, as further described in this paragraph. Offerors must only redact (black out) the specific language that is exempt from disclosure pursuant to the Ohio Public Records Act. Examples of actions that are not acceptable for the protection of information in a Proposal include: (a) redaction of sections in their entirety simply because they may contain some information exempt from disclosure pursuant to the Ohio Public Records Act; (b) inclusion of a blanket confidentiality or copyright notice anywhere in the Proposal; and (c) redaction of the cost proposal in its entirety. Prices, makes, models, catalog numbers of the items offered, deliveries, and terms of payment will be available for public inspection regardless of any designation to the contrary.

In addition to the redacted document(s), Offerors must submit a list of each redaction, using the Offeror Redaction Justification Form (Form 5d) in Part 5, with a detailed legal explanation for each redaction to demonstrate that the redacted information is protected under the Ohio Public Records Act. A blanket statement that all redactions are exempt from disclosure pursuant to the Ohio Public Records Act and/or the Uniform Trade Secrets Act is not a sufficient explanation. The redacted version(s) must be submitted as an electronic copy in a searchable PDF format. The redacted version(s) and accompanying explanation, as submitted, will be available for inspection and released in response to public records requests.

By submitting a redacted Proposal, the Offeror agrees to indemnify the State, DAS, and the Agency for any court costs, statutory damages, attorney fees, or other award issued against the State, DAS, or the Agency for any violation of the Ohio Public Records Act resulting from the State, DAS, or the Agency providing the Offeror’s redacted version of its Proposal in response to a public records request.

By not submitting a redacted version of the Proposal with accompanying explanation, an Offeror consents to the release of the original Proposal submission in response to a public records request.

If redacted version(s) with the accompanying explanation are not submitted, or if an improperly redacted version or insufficient explanation is submitted, the State will advise the Offeror in writing what portions of the Proposal are subject to disclosure in response to public records requests.

H. Proposal Components

1. Work Plan. The specifics of the Work Plan must include sufficient detail for the State to understand the Offeror’s knowledge and approach to the following: managing the Work;

documenting planning decisions; facilitating communication among stakeholders; defining key management review as to content, scope, and schedule; and providing a baseline for progress measurement and Work control.

At a minimum, the Work Plan must include the following:

a. A description of the project management approach; and

b. A high-level overview of the following subsidiary project management plans:

If applicable to the Work, the Offeror must identify all proposed equipment needed for the Work during the installation, customization (as applicable), implementation, and ongoing operations phases. The Proposal must include the proposed manufacturer's name and model for all equipment. Additionally, the Offeror must identify any equipment that the State will require for the implementation and ongoing operation of the Work that is not otherwise specified in this

RFQ.

Additionally, in the Work Plan, the Offeror should address potential and known risks, and proposed risk mitigation strategies.

2. Offeror Redaction Justification Form (Form 5d). The Offeror must complete the Offeror Redaction Justification Form pursuant to the instructions above, Proprietary Information, and Form 5d if the Offeror includes in its Proposal information it considers exempt from disclosure in a public records request.

3. Acceptance of Terms and Conditions. The Offeror must include the entire content of Parts 2 and 3 as a single section in its Proposal. The Offeror must include a statement at the beginning of this section indicating that the Offeror has read, understands, and agrees to all of the terms and conditions contained in Parts 2 and 3.

4. Pre-Existing Materials. If applicable, the Offeror must list any Pre-Existing Materials (defined in Part 2 that will be included in a Deliverable in Form 5e in Part 5. The State may reject any Proposal that includes Pre-Existing Materials for a custom solution if the State believes that such is not appropriate or desirable for the Work.

5. Commercial Material. If applicable, the Offeror must list any Commercial Material (defined in

Part 2, including Commercial Software (defined in Part 2), that the Offeror will deliver in which the State will have less than full ownership in Form 5e in Part 5. Generally, these will be from third parties. The Offeror need not list patented parts of equipment.

The Offeror must attach the applicable license agreement(s) for all Commercial Material for the State to review.