DPS_RFP_SRC_0000033394_-_Safe_Ride_Program__Ohio_Traffic_Safety_Office.pdf

RFP No. SRC0000033394

REQUEST FOR PROPOSALS

RFP NUMBER: SRC0000033394

UNSPSC CATEGORY: 92101503

The State of Ohio, through the Department of Public Safety, Fiscal/Procurement Services, for the Ohio Traffic Safety Office, is requesting proposals for:

Safe Ride Program, Ohio Traffic Safety Office

Those submitting proposals (Offerors) must note that all proposals and other material submitted will become the property of 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 award of the contract has been posted on the State Procurement Web site. Refer to the Ohio Administrative Code, Rule 123:5-1-08 (E).

This RFP consists of five parts, nine attachments, totaling 52 consecutively numbered pages. Please verify that you have a complete copy.

PART ONE: EXECUTIVE SUMMARY

PURPOSE. This is a Request for Competitive Sealed Proposals (RFP) under Section 125.071 of the Ohio Revised Code (ORC) and Rule 123:5-1-08 of the Ohio Administrative Code (OAC). The Ohio Department of Public Safety (ODPS), Fiscal/Procurement Services on behalf of the Ohio Traffic Safety Office (the Division or (OTSO), is soliciting competitive sealed proposals (Proposals) for Safe Ride Program, and this RFP is the result of that request. If a suitable Proposal is made in response to this RFP, the State of Ohio (State), through ODPS, may enter into a contract (the Contract) to have the selected Offeror (the Contractor) perform all or part of the project (the Project or the Work). This RFP provides details on what is required to submit a Proposal for the Work, how ODPS will evaluate the Proposals, and what will be required of the Contractor in performing the 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 June 30, 2027. ODPS also may solely renew this Contract at the discretion of ODPS for a period of one month; this unilateral renewal may be completed by ODPS at any time during the term of the Contract. Any other renewals will be by mutual agreement between the Contractor and ODPS for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 2 years, unless ODPS determines that additional renewal is necessary, and are subject to and contingent upon the discretionary decision of the Ohio General Assembly to appropriate funds for this Contract in each new biennium. ODPS may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the Division.

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 ODPS refusing to consider the Proposal of the Offeror.

BACKGROUND.

The Ohio Traffic Safety Office (OTSO) is a Division of the Ohio Department of Public Safety. The mission of OTSO is to save lives and prevent injuries on our roads by addressing issues mostly related to driver behavior. The office oversees Ohio Driver Training, Motorcycle Ohio, and the Ignition Interlock program while awarding millions of dollars in federal funds for programming to improve traffic safety across the state.

OVERVIEW.

Impaired driving is a preventable crime that puts everyone in danger. In Ohio, 56% of all motor vehicle deaths are OVI-related (Operating a Vehicle Impaired), according to data from the Ohio State Highway Patrol. In 2024, 636 people died in 581 OVI-related crashes – almost two people each day.

Providing alternative transportation options can help reduce the risk of people driving home impaired, and is listed by the National Highway Traffic Safety Administration (NHTSA) as a countermeasure that works. Rideshare companies provide one form of alternative transportation NHTSA lists as an effective countermeasure. These rideshare services are on-demand transportation providers that may be accessed through a mobile application.

The largest rideshare services providers in the United States are Uber and Lyft.

OBJECTIVES. ODPS has the following objectives that it wants this Work to fulfill, and it will be the Contractor’s obligation to ensure that the personnel the Contractor provides are qualified to perform their portions of the Work. NHTSA’s Countermeasures That Work indicates that alternative transportation and mass media campaign programs are more effective when run longer-term. Therefore, The Ohio Traffic Safety Office (OTSO) would like to address the state’s serious problem of OVI-related offenses and crashes by contracting with a vendor to develop a longer-term ride share program that will run during the highest risk holiday periods, in the highest risk locations, encouraging Ohioans to plan for a sober ride home. To accomplish this goal, OTSO is looking to partner, for multiple years, with an entity that can administer an alternative transportation program with Uber and/or Lyft to run in and around targeted Ohio counties during the following holiday periods:

• Labor Day,

• Memorial Day,

• Halloween,

• Christmas/New Year’s, and

• Thanksgiving.

Holiday periods are subject to change, based on impaired driving data or OTSO’s direction.

CALENDAR OF EVENTS. The schedule for the Project is given in OhioBuys and is subject to change. ODPS may change this schedule at any time. If ODPS changes the schedule before the Proposal due date, it will do so through an amendment in OhioBuys and posted to the public portal page for this RFP. After the Proposal due date and before the award of the Contract, https://www.nhtsa.gov/book/countermeasures-that-work/alcohol-impaired-driving/countermeasures/other-strategies-behavior-change/alternative

ODPS will make scheduled changes through the RFP amendment process. ODPS will make changes in the Project schedule after the Contract award through the change order provisions located in Attachment Three, General Terms and Conditions of the Contract. It is each Offeror’s responsibility to check the public portal question and answer area 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 Division/Program staff until the Contract award is announced.

There are references in this RFP to the Proposal due date. Offerors must assume, unless it is clearly stated to the contrary, that any such reference means the date and time (Columbus, OH local time) that the Proposals are due.

PART TWO: STRUCTURE OF THIS RFP

ORGANIZATION. This RFP is organized into five parts, nine attachments. The parts and attachments are listed below.

PARTS:

Part One Executive Summary Part Two Structure of this RFP Part Three General Instructions Part Four Evaluation of Proposals Part Five Award of the Contract

ATTACHMENTS:

Attachment One Work Requirements and Special Provisions

Part One Work Requirements Part Two Special Provisions

Attachment Two Requirements for Proposals Attachment Three General Terms and Conditions

Part One Performance and Payment Part Two Work & Contract Administration Part Three Ownership & Handling of Intellectual Property & Confidential Information Part Four Representations, Warranties, and Liabilities Part Five Acceptance and Maintenance Part Six Construction Part Seven Law & Courts

Attachment Four Contract Attachment Five Offeror Profile Summary

5-A Offeror Profile Form 5-B Offeror Prior Project Form 5-C Offeror Prior Project Form

Attachment Six Offeror References Attachment Seven Offeror’s Candidate Summary

7-A Offeror’s Candidate References 7-B Offeror’s Candidate Experience

Attachment Eight Offeror Performance Form Attachment Nine Cost Summary Form

PART THREE: GENERAL INSTRUCTIONS

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

STATE OF OHIO ONLINE PURCHASING SOLUTION. OhioBuys provides the primary platform for Supplier partners 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/about/03_supplier-training/03_supplier-training

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

INQUIRIES. Offerors may make inquiries regarding this RFP any time during the inquiry period listed on the OhioBuys Public Solicitations page. 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. ODPS will try to respond to all inquiries within forty-eight (48) hours of receipt, excluding weekends and State holidays. ODPS will not respond to any inquiries received after the inquiry period.

Offerors are to base their Proposals on the requirements and performance expectations established in this RFP for the Contract, not on details of any other potentially related contract or project. If Offerors ask questions about existing or past contracts using the OhioBuys Inquiry process, ODPS will use its discretion in deciding whether to provide answers as part of this RFP process.

ODPS is under no obligation to acknowledge questions submitted through the OhioBuys Inquiry process if those questions are not in accordance with these instructions or deadlines.

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:

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 ODPS;

e. A statement as to the form of relief requested from ODPS; 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 ODPS, on behalf of the division, if it is received 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 that are apparent or should be apparent prior to the closing date for receipt of Proposals, must be filed no later than five 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 ODPS regarding the Offeror’s Proposal.

3. An untimely protest may be considered by ODPS at the discretion of ODPS. An untimely protest is one received by the

ODPS after the time periods set in paragraph 2 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.

https://procure.ohio.gov/about/03_supplier-training/03_supplier-training https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be

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

Department of Public Safety Fiscal/Procurement Services 1970 West Broad Street Columbus, OH 43223

SUBJECT: SRC0000033394 Safe Ride Program, Ohio Traffic Safety Office

This protest language only pertains to this RFP offering.

AMENDMENT TO THE RFP. If ODPS 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 amended RFPs prior to the most recent amendment will not be opened or evaluated.

When a modification to this RFP is necessary, ODPS will execute an RFP amendment by creating a new round. ODPS may issue amendments any time before Proposals are due, and it is each 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 ODPS issues an amendment to the RFP after Proposals have been submitted, ODPS 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, ODPS may allow Offerors that have Proposals under active consideration to modify their Proposals in response to the amendment, as described below.

Whenever ODPS issues an amendment after the Proposal due date, ODPS 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 ODPS amends the RFP after the Proposal due date, an Offeror will have the option to withdraw its Proposal even if ODPS permits modifications to the Proposals. If the Offerors are allowed to modify their Proposals, ODPS may limit the nature and scope of the modifications. Unless otherwise stated in the notice by ODPS, modifications and withdrawals must be made in writing and must be submitted within ten 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 ODPS at the address and in the same manner required for the submission of the original Proposals. Any modification that is broader in scope than ODPS 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 Cost Proposal as part of its Proposal package. Proposals must be submitted as two 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 Attachment Two.

Cost Proposal: The Offeror must submit a separate cost section of its Proposal in the required format described in Attachment Two.

Each section must be submitted in its own separate, electronic submission as indicated by the solicitation questionnaire. The submission with the Technical Proposal will be electronically sealed and contain a signed Technical Proposal, and the submission with the Cost Proposal also will be electronically sealed.

If an Offeror includes in its Proposal information it considers confidential, proprietary, or trade secret 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, R.C. section 149.43. The following are not acceptable actions for the protection of trade secret or confidential information in an Offeror’s response: 1) redaction of sections in their entirety simply because they may contain some confidential information; 2) inclusion of a blanket confidentiality or copyright notice anywhere in an Offeror’s response or redacted documents; and 3) redaction of the Cost Proposal in its entirety. In addition to the redacted document(s), Offerors must submit a list of each redaction 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.

If redacted version(s) with the accompanying explanation are not submitted, or if an improperly redacted version or insufficient explanation is submitted, the original submission of the Proposal may be provided in response to public records requests. 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.

Offerors must submit their Proposals electronically in OhioBuys before 1:00 p.m. Columbus, Ohio local time on the Proposal due date. 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. ODPS 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. ODPS 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.

ORC Section 9.24 prohibits the State from awarding a contract to any entity against whom the Auditor of State has issued a finding for recovery (a "Finding") if the Finding is unresolved at the time of the award. This also applies to renewals of contracts. By submitting a Proposal, the Offeror warrants it is not subject to an unresolved Finding under R.C. section 9.24 at the time of its submission. Additionally, the Offeror warrants it will notify ODPS in writing immediately upon becoming subject to such an unresolved Finding after submitting its Proposal and before the award of a Contract under this RFP. Should the State select the Offeror’s Proposal for award of a Contract, this warranty of immediate written notice will apply during the term of the Contract, including any renewals or extensions. Further, the State may treat any unresolved Finding against the Contractor that prevents a renewal of the Contract as a breach, in accordance with the provisions of Attachment Three, General Terms and Conditions.

ODPS 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.

CONFIDENTIAL, PROPRIETARY OR TRADE SECRET INFORMATION. ODPS 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 ODPS in response to this RFP become records of ODPS 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 the State, an Offeror should not voluntarily provide to ODPS 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 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 ODPS will have the right to use any materials or ideas submitted in any Proposal without compensation to the Offeror.

However, if the State requests from the Offeror, or if the Offeror chooses to include, information it deems confidential, proprietary, or trade secret information, the Offeror may so designate such information as “CONFIDENTIAL” by redacting only that information that is exempt from disclosure under the Ohio Revised Code or another provision of law and must provide a list of the redactions stating the specific statutory exemption for each redaction. The Offeror must clearly designate the part of the Proposal that contains confidential, proprietary or trade secret information in order to claim exemption from disclosure by submitting both an unredacted copy and a redacted copy of its Proposal in electronic format. The electronic copy shall be clearly identified as either “ORIGINAL COPY” or “REDACTED COPY”. Failure to properly redact and clearly identify all copies will result in the State treating all information in the original Proposal as a public record.

ODPS may review the claimed confidential, proprietary or trade secret information to determine whether the redaction is proper. The decision as to whether such confidentiality is appropriate rests solely with ODPS. If ODPS determines that the information marked as confidential, trade secret, or proprietary does not meet a statutory exception to disclosure, ODPS will inform the Offeror, in writing, of the information ODPS does not consider confidential.

Upon receipt of ODPS’ determination that all or some portion of the Offeror’s designated information will not be treated as exempt from disclosure, the Offeror may exercise the following options:

1. Withdraw the Offeror’s entire Proposal (prior to award only);

2. Request that ODPS evaluate the Proposal without the redacted information (prior to award only); or

3. Withdraw the designation of confidentiality, trade secret, or proprietary information.

In submitting a Proposal, each Offeror agrees that ODPS may reveal confidential, proprietary and trade secret information contained in the Proposal to ODPS staff and to the staff of other state agencies, to any outside consultant, or to other third parties who serve on an evaluation committee or who are assisting ODPS in development of specifications or the evaluation of Proposals. ODPS 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.

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

WAIVER OF DEFECTS. ODPS may waive any defects in any Proposal or in the submission process followed by an Offeror.

ODPS 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. ODPS accepts multiple Proposals from a single Offeror, but ODPS 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. ODPS 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 Attachment Two of this RFP. Technical and Cost Proposals must be in separate documents.

ODPS 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.

The requirements for the Proposal’s contents and formatting are contained in Attachment Two of this RFP.

ODPS will not be liable for any costs incurred by an Offeror in responding to this RFP, regardless of whether ODPS 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 FOUR: EVALUATION OF PROPOSALS

EVALUATION OF PROPOSALS. The evaluation process consists of, but may not be limited to, the following:

1. Certification. ODPS shall evaluate only those proposals that were received in a timely manner, as defined by this

RFP.

2. Initial Review. ODPS will review all certified Proposals for format and completeness. ODPS normally rejects any incomplete or incorrectly formatted Proposal, though it may waive any defects or allow an Offeror to submit a correction. If the Offeror meets the formatting and mandatory requirements listed herein, ODPS will continue to evaluate the Proposal.

3. Proposal Evaluation. The ODPS procurement representative responsible for this RFP will forward all timely, complete, and properly formatted Proposals to an evaluation committee, which the procurement representative will chair. The evaluation committee will rate the Proposals submitted in response to this RFP based on criteria and weight assigned to each criterion.

The evaluation committee will evaluate and numerically score each Proposal that the procurement representative has determined to be responsive to the requirements of this RFP. The evaluation will be according to the criteria contained in this Part of the RFP. An attachment to this RFP may further refine these criteria, and ODPS has a right to break these criteria into components and weigh any components of a criterion according to their perceived importance.

The evaluation committee may also have the Proposals, or portions of them, reviewed and evaluated by independent third parties or various State personnel with technical or professional experience that relates to the Work or to a criterion in the evaluation process. The evaluation committee may also seek reviews of end users of the Work or the advice or evaluations of various State committees that have subject matter expertise or an interest in the Work. In seeking such reviews, evaluations, and advice, the evaluation committee will first decide how to incorporate the results in the scoring of the Proposals. The evaluation committee may adopt or reject any recommendations it receives from such reviews and evaluations.

The evaluation will result in a point total being calculated for each Proposal. At the sole discretion of ODPS, any Proposal, in which the Offeror received a significant number of zeros for sections in the Technical Proposal of the evaluation, may be rejected.

ODPS will document all major decisions in writing and make these a part of the Contract file along with the evaluation results for each Proposal considered.

4. Clarifications & Corrections. During the evaluation process, ODPS may request clarifications from any Offeror under active consideration and may give any Offeror the opportunity to correct defects in its Proposal if ODPS believes doing so does not result in an unfair advantage for the Offeror and it is in the State’s best interests. Any clarification response that is broader in scope than what ODPS has requested may result in the Offeror’s Proposal being disqualified.

5. Interviews, Demonstrations, and Presentations. ODPS may require top Offerors to be interviewed. Such presentations, demonstrations, and interviews will provide an Offeror with an opportunity to clarify its Proposal and to ensure a mutual understanding of the Proposal’s content. This will also allow ODPS an opportunity to test or probe the professionalism, qualifications, skills, and work knowledge of the proposed candidates. The presentations, demonstrations, and interviews will be scheduled at the convenience and discretion of ODPS. ODPS may record any presentations, demonstrations, and interviews. No more than the top three Proposals may be requested to present an oral presentation of their proposed Work Plan (Attachment Two, Section 8) to the evaluation committee.

6. Contract Negotiations. Negotiations will be scheduled at the convenience of ODPS. The selected Offeror(s) are expected to negotiate in good faith.

a. General. Negotiations may be conducted with any Offeror who submits a competitive Proposal, but ODPS may limit discussions to specific aspects of the RFP. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be reduced to writing and incorporated in the RFP, or the Offeror’s Proposal, as appropriate. Negotiated changes that are reduced to writing will become a part of the Contract file open to inspection to the public upon award of the Contract. Any Offeror whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFP and will be given the opportunity to negotiate revisions to its Proposal based on the amended RFP.

b. Top-ranked Offeror. Should the evaluation process result in a top-ranked Proposal, ODPS may limit negotiations to only that Offeror and not hold negotiations with any lower-ranking Offeror. If negotiations are unsuccessful with the top-ranked Offeror, ODPS may then go down the line of remaining Offerors, according to rank, and negotiate with the next highest-ranking Offeror. Lower-ranking Offerors do not have a right to participate in negotiations conducted in such a manner.

c. Negotiation with Other Offerors. If ODPS decides to negotiate with all the remaining Offerors or decides that negotiations with the top-ranked Offeror are not satisfactory and negotiates with one or more of the lower-ranking Offerors, ODPS will then determine if an adjustment in the ranking of the remaining Offerors is appropriate based on the negotiations. The Contract award, if any, will then be based on the final ranking of Offerors, as adjusted.

Negotiation techniques that reveal one Offeror’s price to another or disclose any other material information derived from competing Proposals are prohibited. Any oral modification of a Proposal will be reduced to writing by the Offeror as described below.

d. Post Negotiation. Following negotiations, ODPS may set a date and time for the submission of best and final Proposals by the remaining Offeror(s) with which ODPS conducted negotiations. If negotiations were limited and all changes were reduced to signed writings during negotiations, ODPS need not require the submissions of best and final Proposals.

It is entirely within the discretion of ODPS whether to permit negotiations. An Offeror must not submit a Proposal assuming that there will be an opportunity to negotiate any aspect of the Proposal. ODPS is free to limit negotiations to particular aspects of any Proposal, to limit the Offerors with whom ODPS wants to negotiate, and to dispense with negotiations entirely.

ODPS generally will not rank negotiations. The negotiations will normally be held to correct deficiencies in the preferred Offeror’s Proposal. If negotiations fail with the preferred Offeror, ODPS may negotiate with the next Offeror in ranking. Alternatively, ODPS may decide that it is in the interests of the State to negotiate with all the remaining Offerors to determine if negotiations lead to an adjustment in the ranking of the remaining Offerors.

From the opening of the Proposals to the award of the Contract, everyone working on behalf of the State to evaluate the Proposals will seek to limit access to information contained in the Proposals solely to those people with a need to know the information. They will also seek to keep this information away from other Offerors, and the evaluation committee will not be allowed to tell one Offeror about the contents of another Offeror’s Proposal in order to gain a negotiating advantage.

Before the award of the Contract or cancellation of the RFP, any Offeror that seeks to gain access to the contents of another Offeror’s Proposal may be disqualified from further consideration.

The negotiated changes will be drafted and signed by the Offeror and submitted to ODPS within a reasonable period of time. If ODPS accepts the changes, ODPS will give the Offeror written notice of acceptance. The negotiated changes to the successful Proposal will become a part of the Contract.

e. Failure to Negotiate. If an Offeror fails to provide the necessary information for negotiations in a timely manner, or fails to negotiate in good faith, ODPS may terminate negotiations with that Offeror and collect on the Offeror’s proposal bond, if a proposal bond is required in order to respond to this RFP.

7. Best and Final Offer. ODPS may require best and final offers (BAFO). Following negotiations, ODPS may set a date and time for the submission of BAFO by the remaining Offeror(s) with which ODPS conducted negotiations. If negotiations were limited and all changes were reduced to signed writings during negotiations, ODPS need not require the submissions of BAFO.

If best and final Proposals are required, they may be submitted only once, unless ODPS determines that it is in the State's interest to conduct additional negotiations. In such cases, ODPS may require another submission of BAFO.

Otherwise, discussion of, or changes in, the BAFO will not be allowed. If an Offeror does not submit a BAFO, ODPS will treat that Offeror's previous offer as its BAFO.

8. Determination of Responsibility. ODPS may review the highest-ranking Offerors and/or its key team members to ensure that the Offeror is responsible. The Contract may not be awarded to an Offeror that is determined not to be responsible. ODPS’s determination of an Offeror’s responsibility may include the following factors: the experience of the Offeror and its key team members; past conduct and past performance on previous contracts; ability to execute this Contract properly; and management skill. ODPS will make such determination of responsibility based on the Offeror’s Proposal, reference evaluations, and any other information ODPS requests or determines to be relevant.

9. Reference Checks. ODPS may conduct reference checks to verify and validate the Offeror’s or proposed candidate’s past performance. Reference checks indicating poor or failed performance by the Offeror or proposed candidate may be cause for rejection of the Proposal. In addition, failure to provide requested reference contact information, in the Proposal, may result in ODPS excluding the referenced experience in the evaluation process.

The reference evaluation will measure the criteria contained in this part of the RFP as it relates to the Offeror’s previous contract performance including, but not limited, to its performance with other local, state, and federal entities. ODPS reserves the right to check references other than those provided in the Offeror’s Proposal. ODPS may obtain information relevant to criteria in this part of the RFP, which is deemed critical to not only the successful operation and management of the Project, but also the working relationship between the State and the Offeror.

10. Financial Ability. Part of the Proposal evaluation criteria are the qualifications of the Offeror, which may include, as a component, the Offeror’s financial ability to perform the Contract. This RFP may expressly require the submission of financial statements from all Offerors in the Proposal contents attachment. If the Proposal contents attachment does not make this an expressed requirement, ODPS may still request that an Offeror submit audited financial statements for up to the past three years if ODPS is concerned that an Offeror may not have the financial ability to carry out the Contract.

In evaluating an Offeror’s financial ability, if requested, ODPS will review the documentation provided by the Offeror to determine if the Offeror’s financial position is adequate or inadequate. If ODPS believes the Offeror’s financial ability is not adequate, ODPS may reject the Proposal despite its other merits.

ODPS will decide which phases of the evaluation process are necessary. ODPS has the right to eliminate or add phases at any time in the evaluation process.

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

MANDATORY REQUIREMENTS. The following Table 1 contains items that are considered minimum requirements for this

RFP.

Determining the Offeror’s ability to meet the minimum requirements is the first step of the ODPS evaluation process. The Offeror must demonstrate, to ODPS, it meets all minimum requirements listed in the Mandatory Requirements section (Table 1). The Offeror’s response to the Mandatory Requirements must be clearly labeled “Mandatory Requirements” and collectively contained in Tab 1 of the Offeror’s Proposal in the “Cover Letter and Mandatory Requirements” section. (Refer to Attachment Two of the RFP document for additional instructions.)

ODPS will evaluate Tab 1, alone, to determine whether the Proposal meets all Mandatory Requirements. If the information contained in Tab 1 does not clearly meet every Mandatory Requirement, the Proposal may be disqualified by ODPS and ODPS may not evaluate any other portion of the Proposal.

TABLE 1 - MANDATORY REQUIREMENTS

Mandatory Requirements

Accept

Reject

1. None

If ODPS receives no Proposals meeting all of the Mandatory Requirements, it may elect to cancel this RFP.

PROPOSAL EVALUATION CRITERIA. If the Offeror provides sufficient information to ODPS in Tab 1 of its Proposal demonstrating it meets the Mandatory Requirements, the Offeror’s Proposal will be included in the next part of the evaluation process which involves the scoring of the Technical Proposal, followed by the scoring of the Cost Proposal. In the Proposal evaluation phase, the evaluation committee rates the Proposals submitted in response to this RFP based on the following listed criteria and the weight assigned to each criterion. The maximum available points allowed in this RFP are distributed as indicated in Table 2 - Scoring Breakdown.

TABLE 2 - SCORING BREAKDOWN

SCORED REQUIREMENTS. The scale below (0-5) will be used to rate each Proposal on the criteria listed in the Technical Proposal Evaluation table.

ODPS 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 Total Technical Score in Table 3. Representative numerical values are defined as follows:

Numerical Rating Adjective Description

5 Excellent • Response demonstrates an approach to the proposed work with an exceptional solution or level of quality.

• Response contains many significant strengths and few minor weaknesses, if any.

• There is very little risk that the Offeror would fail to satisfy the requirement(s).

4 Very Good • Response demonstrates an approach offering a unique or innovative methods of performing the proposed work or delivering a solution.

• Response contains many strengths that outweigh the weaknesses.

Weaknesses, if any, are very minor and can be readily corrected.

• There is little risk that the Offeror would fail to satisfy the requirement(s).

3 Acceptable • Response demonstrates an approach that offers an acceptable solution or level of quality.

• Response contains strengths that are balanced by the weaknesses.

Weaknesses are minor and can be corrected.

• There is some probability of risk that the Offeror may fail to satisfy some of the requirement(s).

2 Weak • Response demonstrates an approach that inadequately addresses the requirements and/or objectives.

• Response contains weaknesses that are not offset by the strengths. There are significant weaknesses and very few strengths.

• There are questions about the likelihood of success and there is a risk that the Offeror may fail to satisfy the requirement(s).

1 Poor • Response demonstrates an approach that does not meet the stated requirements and/or objectives, lacked essential information, is conflicting, and/or is unproductive.

• Response contains many significant weaknesses and very minor strengths, if any.

• There is not a reasonable likelihood of success and a high risk that the Offeror would fail to satisfy the requirement(s).

0 Completely Deficient

• Response is missing necessary information to demonstrate that Offeror is capable of performing.

• Response is devoid of strengths.

• Response has an unacceptable level of risk that the Offeror will fail to satisfy the requirement(s).

Criteria

Maximum Available Points

Proposal Technical Requirements

700 Points

Proposal Cost

300 Points

Maximum Available Points

1000 Points

TABLE 3 - TECHNICAL PROPOSAL EVALUATION

Criterion

Weight

Rating

(0=Completely Deficient to 5=Excellent)

Extended Score

Offeror Profile

1. Company Profile. Number of years doing business.

2. Number of employees dedicated to this project. 5

3. Capacity to provide deliverables 5

4. Relevant experience 15

Scope of Work

1. Work Plan 15

2. Implementation 10

3. Clear understanding of the Project 10

4. Program Administration and Oversight 10

5. Campaign Web Page Development and Management 10

6. Creative Development and Marketing Coordination 10

7. Post-Campaign Evaluation and Reporting 5

8. Geographic and Temporal Targeting 10

9. Technical Capabilities and Innovation 15

10. Budget and Cost Control 10

11. Compliance and Risk Management 5

Total Technical Score:

In this RFP, ODPS asks for responses and submissions from Offerors, most of which represent components of the above criteria. While each criterion represents only a part of the total basis for a decision to award the Contract to an Offeror, a failure by an Offeror to make a required submission or meet a mandatory requirement will normally result in a rejection of that Offeror’s Proposal. The value assigned above to each criterion is only a value used to determine which Proposal is the most advantageous to the State in relation to the other Proposals that ODPS received.

Once the technical merits of a Proposal are evaluated, the costs of that Proposal will be considered. It is within ODPS’ discretion to wait to factor in a proposal’s cost until after any interviews, presentations, demonstrations or discussions. Also, before evaluating the Technical Proposals, ODPS may do an initial review of costs to determine if any Proposals should be rejected because of excessive cost. ODPS may reconsider the excessiveness of any Proposal’s cost at any time in the evaluation process.

EVALUATION SCORING FORMULA. To ensure the scoring ratio from Table 2 is maintained, ODPS will use the following formulas to adjust each Offeror’s points.

The Offeror with the highest point total for the Technical Proposal will receive 700 points. The remaining Offerors will receive a percentage of the maximum points available based upon the following formula:

Technical Proposal Points = (Offeror’s Technical Proposal points/highest Offeror’s Technical Proposal points) x 700

The Offeror with the lowest Cost Proposal will receive 300 points. The remaining Offerors will receive a percentage of the maximum cost points available based upon the following formula:

Cost Proposal Points = (lowest Offeror’s total cost / Offeror’s total cost) x 300

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

Technical Proposal Points: + Cost Proposal Points Score: = Total Points:

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

REJECTION OF PROPOSALS. ODPS may reject any Proposal that is not in the required format, does not address all the requirements of this RFP, or that ODPS believes is excessive in price or otherwise not in its interests to consider or to accept.

In addition, ODPS may cancel this RFP, reject all the Proposals, and seek to do the Project through a new RFP or by other means.

DISCLOSURE OF PROPOSAL CONTENTS. ODPS will seek to open the Proposals in a manner that avoids disclosing their contents. Additionally, ODPS will seek to keep the contents of all Proposals confidential until the Contract is awarded. ODPS will prepare a registry of Proposals containing the name and address of each Offeror. That registry will be open for public inspection after the Proposals are opened.

PART FIVE: AWARD OF THE CONTRACT

CONTRACT AWARD. ODPS plans to award the Contract based on the schedule in the RFP, if ODPS decides the Project is in the best interests of the State and has not changed the award date.

The Contract information is included as Attachment Four of this RFP. The Contract will not be binding on ODPS until the duly authorized representative of ODPS signs the Contract, the Division issues a purchase order, and all other prerequisites identified in the Contract have occurred.

ODPS expects the Contractor to commence work upon receipt of a State-issued purchase order. If ODPS awards a Contract pursuant to this RFP and the Contractor is unable or unwilling to commence the work, ODPS reserves the right to cancel the Contract and return to the original RFP process and evaluate any remaining Offeror Proposals reasonably susceptible of being selected for award of the Contract. The evaluation process will resume with the next highest ranking, viable Proposal.

CONTRACT. If this RFP results in a Contract award, the Contract will include this RFP including all attachments, written amendments to this RFP, the Contractor’s accepted Proposal and written authorized amendments to the Contractor’s Proposal. It will also include any materials incorporated by reference in the above documents and any purchase orders and change orders issued under the Contract. The General Terms and Conditions for the Contract are contained in Attachment Three of this RFP. If there are conflicting provisions between the aforementioned documents, the order of precedence for the documents is as follows:

1. The Contract itself;

2. The Offeror’s Proposal, as amended, clarified, and accepted by ODPS;

3. The documents and materials incorporated by reference in the Offeror’s Proposal;

4. This RFP, as amended; and

5. The documents and materials incorporated by reference in the RFP.

Notwithstanding the order listed above, change orders and amendments issued after the Contract is executed may expressly change the provisions of the Contract. If they do so expressly, then the most recent of them will take precedence over anything else that is part of the Contract.

ATTACHMENT ONE: WORK REQUIREMENTS AND SPECIAL PROVISIONS

PART ONE: WORK REQUIREMENTS

This attachment describes the Project and what the Contractor must do to complete the Project satisfactorily. It also describes what the Offeror must deliver as part of the completed Project (the "Deliverables"), and it gives a detailed description of the Project’s schedule.

l. SCOPE OF WORK.

1. Program Administration and Oversight

A. Coordinate with Uber and/or Lyft to manage ride share credits (OTSO anticipates providing $15 ride share credits to Ohioans, but this amount is subject to change.)

B. Ensure campaign parameters (dates, times, locations) align with OTSO directives C. Monitor redemption activity to stay within budget D. Redistribute unused credits to future campaigns as needed

2. Campaign Web Page Development and Management

A. Design and maintain a campaign landing page with information about how to participate B.