FY26-27_Legal_Hearing_Examiners_RFP.pdf

Solicitation Number: SRC0000029939

The Ohio Department of Developmental Disabilities (DODD), Division of Legal and Oversight is requesting proposals for:

Legal Hearing Examiners

For the Period: State Fiscal Year 2026 - July 1, 2025 through June 30, 2026

State Fiscal Year 2027 - July 1, 2026 through June 30, 2027

RFP Issued: April 17, 2025 at 9:00 am Inquiry Period Begins: April 17, 2025

Inquiry Period Ends: May 8, 2025 at 4:00 pm Proposals Due: May 15, 2025 at 4:00 pm

Submit Proposals via e-mail to:

Ohio Department of Developmental Disabilities

DODD.solicitations@dodd.ohio.gov

This RFP consists of five (5) parts, totaling sixteen (16) consecutively numbered pages, and three separate PDF attachments. Please verify that you have a complete copy.

Please submit all inquiries about this RFP through the State OhioBuys website for this particular sourcing project. Please refer to Part Three of this RFP, “General Instructions”, for instructions on submitting inquiries. All responses to inquiries submitted by offerors will be posted on the RFP Inquiry tab for viewing by all prospective offerors.

REQUEST FOR PROPOSALS (RFP)

https://supplier-emarketplace.ohio.gov/

RFP: Legal Hearing Examiners

Rev. 4.2025

PART ONE: STRUCTURE OF THIS RFP

PARTS

Part One Structure of this RFP Part Two Information on requested services Part Three General Instructions Part Four Evaluation of Proposals Part Five Contract Award

SEPARATE ATTACHMENTS

• Standard Affirmation and Disclosure Form – Mandatory Proposal Requirement o The Standard Affirmation and Disclosure Form must be completed, signed by an authorized official of Offeror’s organization, and submitted with any proposal to be scored.

• Contractor Information Form – Mandatory Proposal Requirement o The Contractor Information Form must be completed and submitted with any proposal to be scored.

• Contractor Certification Statement Form – Required If Applicable o All proposals will be considered for preferences, with Offerors being able to qualify for any number of preferences (i.e., Buy American, Buy Ohio, and VBE). If an Offeror is claiming preferences, the Certification Statement Form must be completed and submitted with the proposal for it to be applied to scoring.

PART TWO: SERVICES REQUESTED INFORMATION

I. MISSION, VISION, & VALUES

The Ohio Department of Developmental Disabilities’ (DODD) mission is to partner with people and communities to support Ohioans with developmental disabilities and their families in realizing their version of a good life. Ohio is the heart of opportunity, and DODD envisions Ohio as the best place in the nation for people with developmental disabilities to thrive.

DODD’s focus is on the experience of each person we support, and the following core values reflect this:

• Inclusion: Create environments, programs, and processes that value those we support and encourage participation.

• Partnership: Work together to build connections that are essential for innovative support options and representative of the needs and wants of people with developmental disabilities.

• Respect: Be kind and empathetic, honor the choices and wishes of those we support and their families, and conduct our work ethically and sustainably.

II. BACKGROUND

The Ohio Department of Developmental Disabilities (“DODD”) is a state agency dedicated to the continuous improvement of the lives of individuals with developmental disabilities. In support of this mission, DODD reviews applications from people to provide several types of services to individuals with developmental disabilities and monitors certified providers to ensure they are following the rules and regulations governing their conduct. The applications include certification to provide supported living, medication administration and health-related activities, and for employees of county boards of developmental disabilities. DODD has an administrative rule that allows it to place people who have abused or neglected individuals with developmental disabilities on an abuser registry that prohibits entities licensed or certified by DODD from hiring people on the registry. DODD also licenses facilities where individuals with developmental disabilities reside. These facilities vary greatly in size, from large institutions housing over 100 people, to four bed facilities that are like any average home in the community. Whenever DODD proposes to place a person on the abuser registry or take any adverse action against a facility, a provider, an applicant seeking certification, or an applicant seeking to operate a facility, the person adversely affected has the right to contest the action in a due process hearing in accordance with Ohio Revised Code Chapter 119, Ohio’s Administrative Procedure Act.

DODD also has an administrative rule that permits certain individuals to request an in-house hearing when they believe DODD is not acting in accordance with its own statutes and rules.

These complaints are not conducted in accordance with Ohio Revised Code Chapter 119 but still require an impartial determination of whether DODD’s actions are supported by applicable statute or rule.

In addition, DODD audits and conducts fiscal reviews of providers to determine compliance with Medicaid regulations. If DODD believes an overpayment has occurred, DODD acts in accordance with Ohio Revised Code section 5164.58 and Ohio Administrative Code Section 5160-71 to recover the overpayment. These proceedings afford providers with a due process hearing in accordance with Ohio Revised Code Chapter 119.

Finally, DODD has an administrative rule that permits parents to file a due process complaint on any matter related to the identification, evaluation, or placement of a child, or the provision of early intervention services to a child with a disability and his or her family under Part C of the Individuals with Disabilities Education Improvement Act.

III. PURPOSE

The Ohio Department of Developmental Disabilities (DODD) is seeking proposals from qualified contractors to preside over all of the hearings described above.

IV. MINIMUM QUALIFICATIONS OF CONTRACTOR

The Contractor must be an attorney licensed to practice law in the State of Ohio. Contractor’s license must remain in good standing during the term of the awarded contract.

The offeror must affirm on the mandatory Contractor Information Form that they meet these minimum qualifications. The offeror must go on to demonstrate how these qualifications are met within their technical proposal.

The offeror must complete all required attachments and forms as identified within the RFP.

Additionally, in order to be eligible to be awarded a contract with the State of Ohio, Contractors must meet the following requirements:

• Neither the Contractor, nor any of its employees or agents, presently hold a civil service position with the State of Ohio.

• Contractors and all applicable parties listed in Division (I) or (J) of R.C. 3517.13 are in full compliance with Divisions (I) and (J) of R.C. 3517.13.

• If contract involves the provision of direct services to individuals with developmental disabilities, neither contractor nor it nor any of its employees or agents in a direct services position has been convicted of any offense set forth in O.R.C. Section 5123.081(A) (4).

• Contractor is not subject to an “unresolved” finding for recover under Section 9.24 of Ohio Revised Code or currently under suspension or proposed revocation by the Ohio Department of Medicaid or the Ohio Department of Developmental Disabilities.

• Contractors that are DODD certified agency providers and required to participate in the DODD DSP Compensation Survey have fully completed the survey as required for the present year.

• Contractor is not debarred from consideration for contract awards by any state agency pursuant to either R.C. Section 125.25, R.C. 153.02, R.C. 5513.06, or any other provision of the Ohio Revised Code.

• Neither Contractor, nor any of its employees or agents are excluded from participation under any Federal health care program, as defined under 42 U.S.C. Section 1320a-7b(D), for the provision of items or services for which payment may be made under a Federal health care program.

• No final adverse action, as defined under 42 USC Section 1320a-7e(g) has occurred or is pending against Contractor or to its knowledge against any employee contractor or agent engaged to provide items or services under this Contract (collectively, "Exclusions/Adverse Actions"). Contractor shall notify Agency of any Exclusions/Adverse Actions within five (5) business days of its learning of such Exclusions/Adverse Actions.

• Contractor has not entered into, nor shall they enter into, other Contracts, without prior written approval of Agency, to perform substantially identical work for the State of Ohio such that the product contemplated hereunder duplicates the work called for by the other contracts.

• Contractors must have all of the approvals, licenses, or other qualifications needed to conduct business in Ohio and that all are current.

PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, take, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waiver any other rights or remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order (2022-02D) is no longer effective.

The Contractor must complete the attached Contractor/Subcontractor Affirmation and Disclosure Form (2019-12D & 2022-02D) affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

V. SCOPE OF WORK AND DELIVERABLES

The duties of the Contractor selected as a hearing examiner under this RFP are:

A. Conduct adjudication hearings in accordance with the Ohio Revised Code Chapter 119 and in-house administrative hearings in accordance with the Ohio Administrative Code.

Hearings may be held in-person at the Department’s offices (30 E. Broad St. Columbus, Ohio 43215) or virtually, at the request of respondent.

B. Issue a Report and Recommendation (“R&R”) to the Director for consideration. In most instances, these R&Rs shall be submitted to DODD within 30 days of the latter of the following events: the conclusion of the hearing, receipt of the transcript, or receipt of any post-hearing briefs.

In two situations, the time for submitting the R&R is shorter. First, for hearings regarding provider suspension orders, the R&R shall be submitted within 10 days. Second, for early intervention due process hearings, the parent has the right to a completed hearing and a written decision within 30 days after the receipt of the complaint.

The only exception to this requirement is when the hearing examiner shows extraordinarily good cause, which is left to the determination of the contract supervisor, DODD’s Chief Legal Counsel. Any R&R that is not timely filed can, at DODD’s discretion, result in a 2% per day reduction in fees owed to the hearing examiner.

C. The chosen Contractor shall not accept employment with or represent any party in any matter relating to DODD during the term of the contract.

D. The Contractor shall not bill DODD for services until the R&R has been submitted to DODD unless work has been performed on a case such as the issuance of a scheduling order and decisions on pre-hearing motions.

VI. ETHICAL AND CONFLICT OF INTEREST REQUIREMENTS

Contractor and its employees engaged in the administration or performance of the Contract must be knowledgeable of and understand the Ohio Ethics and Conflicts of Interest laws.

Neither Contractor nor any of its employees will do any act that is inconsistent with such laws.

No contractor or personnel of Contractor who exercise any functions or responsibilities in connection with the review or approval of this Contract or carrying out of any of the Work, or individual, company or organization seeking a contract shall do any of the following:

• Promise or give to any DODD employee any item of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties.

• Solicit any DODD employee to violate any of the conduct requirements for employees.

• Voluntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of the Work prior to completion of the Work.

• Any contractor acting on behalf of DODD shall refrain from activities that could result in violations of ethics and/or conflicts of interest. Any contractor or potential contractor who violates the requirement and prohibitions defined Section 102.03 or Section 102.04 of the Ohio Revised Code is subject to termination of the contract or refusal by DODD to enter into a contract.

PART THREE: GENERAL INSTRUCTIONS

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

I. CALENDAR OF EVENTS & ON-LINE INFORMATION

The schedule for this RFP is given below and is subject to change. DODD may change this schedule at any time. If DODD changes the schedule before the Proposal Due Date, it will do so through an announcement on the OhioBuys website area for this RFP. The web site announcement will be followed by an addendum to this RFP, which also will be made available through the same OhioBuys website.

It is each prospective Offeror’s responsibility to check the OhioBuys website’s Inquires area for this RFP for current information and the calendar of events scheduled through award of any contract.

Other than by adherence to the RFP Inquiry process, set forth below, no contact related to this RFP shall be made with DODD until a contract award is announced. Notwithstanding this prohibition, DODD, at its sole discretion, may request additional information as part of the review process outlined below.

Firm Dates

RFP Issued: April 17, 2025 at 9:00 am Inquiry Period Begins: April 17, 2025 Inquiry Period Ends: May 8, 2025 at 4:00 pm Proposals Due: May 15, 2025 at 4:00 pm

Estimated Dates

Contract Award Notification: May 30, 2025 Issuance of Purchase Order: To be determined

II. PROPOSAL FORMAT

Proposals must be prepared in accordance with instructions in this section. The proposal must clearly outline how each of the deliverables of Part 2 Section V will be completed and with the time frames specified in that same section.

To be accepted, a proposal must include a technical proposal, containing all the information specified for each of the categories listed in this section, a cost proposal as described in this section, and meet the requirements of this section.

A. Technical Proposal

a. Organizational experience including:

• Information on the background of the firm or individual, including background information of any subcontractor(s).

• Any prior experience relevant to this RFP (includes current contact names and phone numbers for these references), and a list of similar projects currently underway by the offeror or by any subcontractor(s) as well as completed over the past three (3) years. The Evaluation/Selection Review Committee will consider these additional references and may contact each of these sources.

• A written statement that clearly describes why the offeror should be selected to perform the services described in the Scope of Work section above.

b. Technical Approach and work plan that indicates how the offeror plans to address the purpose, objectives and deliverables, within the timeframes as stated in this RFP.

• A procedure for reporting the status of the project, including complete work.

• Samples of previous related projects

c. Personnel Qualifications

• Must include name and relevant education and/or experience of attorney to provide services under any contract awarded as a result of this solicitation.

B. Cost Proposal

The cost proposal must indicate the hourly rate the Offeror will charge if awarded a contract pursuant to this RFP.

DODD will not compensate contractors for travel time to and from hearings. Travel costs associated with the work under the awarded contract are not reimbursed by DODD and should be encompassed within the hourly rate.

III. PROPOSAL SUBMITTAL

Proposals must be submitted in the following manner:

• Proposals must be submitted via email to DODD.Solicitations@dodd.oohio.gov no later than the date indicated on the sourcing project in OhioBuys.

• The subject of email should be “Legal Hearing Examiner” proposal.

• All pages must be numbered consecutively using the format “Page [#] of [total number of pages]” (e.g., Page 2 of 20).

• Mandatory Requirement: Standard Affirmation and Disclosure form completed, signed, and submitted with proposal.

• Mandatory Requirement: Contractor Information form completed and submitted with proposal.

• Contractor Certification Statement form completed and submitted with proposal if applicable.

No proposals or corrections/additions to submitted proposals will be accepted after the Proposal Due Date. Proposals that are submitted after the Proposal Due Date will not be scored.

Proposals that are not submitted in the format requested will not be scored. Proposals that do not contain all of the required information will not be scored.

All costs incurred in the preparation of the proposal shall be borne by the offeror alone, and DODD shall not contribute, in any way, to the cost of the preparation of the proposal.

Any and all documents developed by the offeror during the course of this project will be provided to DODD upon request and will become the property of DODD, and the offeror shall not assert any claims arising under copyright or otherwise inconsistent with the transfer of ownership of such documents.

All information submitted by the offeror will be considered to be public information. An assertion of “proprietary” or “copyrighted” information must be clearly identified, and the basis of the assertion must be included. It is not adequate for the offeror to simply state that the disclosure of the information will put it at a disadvantage in the marketplace. If you mark information “proprietary” or “copyrighted” and a public records request is made for your information, DODD will give you the opportunity to seek judicial relief to prevent the disclosure prior to release, but absent this relief, your information will be subject to release.

DODD reserves the right to:

• Accept or reject any and all proposals and/or bids if DODD determines that it is in the best interests of the State to do so.

• Rebid this RFP, requesting new proposals from qualified entities.

• Waive or modify minor irregularities in proposals received.

• Negotiate with offeror(s), within the requirements of this RFP, to best serve the interests of the State of Ohio.

• Require the submission of modifications or additions to proposals as a condition of further participation in the selection process.

• Fund any proposal in full or in part; any assignments of work by DODD under the scope of this RFP will be made dependent on need and the availability of adequate, specific funding.

• Not make an award at the end of the evaluation process; this RFP is not to be interpreted or construed to guarantee that one or more offerors submitting responses will be awarded contracts.

• Adjust the RFP calendar of event dates for whatever reason it deems appropriate.

Contact offeror to clarify any portion of the offeror’s submittal.

If, during the review process, DODD determines that it is necessary to make further distinctions between certain offerors, DODD may request certain selected offerors to interview or make a presentation to staff and reviewers. The offeror shall bear the cost of travel to any scheduled interview.

In accordance with federal and state statutes and DODD policy, no person shall be excluded from participation or subject to discrimination in the RFP process on the basis of race, color, age, sex, national origin, military status, religion, or disability.

IV. INQUIRIES

From the issuance date of this RFP, until a contract is awarded to an offeror, there may not be communications concerning the RFP between any entity who expects to submit a proposal and any employee of DODD involved in the issuing of the RFP. The only exception is provided through the submission of written requests for clarification/interpretation via the RFP through the OhioBuys website during the inquiry period.

Prospective offerors may make inquiries or seek clarifications regarding this RFP any time during the inquiry period listed in the RFP Calendar of Events. To make an inquiry, prospective offerors must use the Inquiry tab on the RFP in OhioBuys to submit all inquiries or seek clarification.

Prospective offerors submitting inquiries will receive an immediate acknowledgement by e-mail that their inquiry has been received. The prospective offeror who submitted the inquiry will not receive an e-mail response to the question but will need to view the response on the OhioBuys website where it will be posted for viewing by all prospective offerors.

Attachments to an inquiry are not visible to DODD, so please include all questions in the inquiry description field.

DODD will try to respond to all properly posed inquiries within 48 hours, excluding weekends and state holidays. DODD will not respond to any inquiries received after the date and time indicated on the sourcing project. Prospective offerors who attempt to seek information or clarifications verbally will be directed to reduce their questions to writing in accordance with the terms of this RFP and state purchasing policy. No other form of communication is acceptable, and use of any other form of communication or any attempt to communicate with DODD staff or any other agency of the State to discuss this RFP may result in the offeror being deemed ineligible.

PART FOUR: EVALUATION OF PROPOSALS

I. EVALUATION PROCESS

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

1. DODD’s initial review of all proposals for timely submission and inclusion of mandatory required forms and/or statements.

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

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

4. Negotiations or best offer requests.

At its sole discretion, DODD will determine whether phases three and/or four are necessary under this RFP, reserving for itself the ability to eliminate or add phases three or four at any time during the evaluation process. DODD may add or remove sub-phases to phases 2 through 4 at any time if DODD believes doing so will improve the evaluation process.

II. PROPOSAL EVALUATION CRITERIA

In the proposal evaluation phase, DODD staff or reviewers selected by DODD (the committee) will rate the proposals submitted in response to this RFP based on the following criteria and weight assigned to each criterion.

Evaluation Criteria Weight

Offeror demonstrates competence, knowledge and qualifications as outlined in the technical proposal. 45 Offeror’s past performance on similar projects in Ohio or other states. 15 Offeror’s proposal is consistent with the instructions in the RFP. 10

III. SCORING

Each proposal will be scored, and numerical technical point values will be assigned according to the criteria listed below. The scale (0-5) will be used to rate each proposal response to the RFP on the technical evaluation sections. To allow for situations where the numeric granularity between whole points is too course to capture an in-between rating, the use of decimals is allowed. For example, a score of 2.5 would indicate “majority of requirements met for the criteria but not all.” The actual number values awarded may be higher or lower (not lower than 0 or higher than 5) based on the evaluation committee’s determination. DODD will score the Proposals responses by multiplying the score received for each criterion by its assigned weight (points) and adding all categories together for the Offeror’s total technical score.

A minimum score of 350 must be achieved during the evaluation process to be considered for the contract.

Technical Ratings Defined: The proposal score for each criterion are allowed to be in-between, decimal point values, of the numerical scale below.

Cost Evaluation (scored after above criteria has been scored)

Cost Criteria Weight Scoring Rubric

Cost of proposal to DODD Calculated as:

(Offeror’s Cost / Lowest Cost) x 100

1 = Over 130 2 = Between 120.1 – 130 3 = Between 110.1 – 120 4 = Between 100.1 – 110

5 = Lowest Cost

The evaluation committee will calculate the scoring by dividing the Proposal cost by the Lowest Cost Proposed multiplied by 100. For example, if a proposal cost was $1,000 and the lowest cost proposed was $800, the calculation ($1,000/$800) x 100 = 125. That proposal would receive a score of 125 (or 2).

Preferences

Following the initial evaluation and scoring, all offerors will be considered for preferences in accordance with Ohio Administrative Code 123:5-1-06. Preferences will only be applied when there is at least one offeror that does not qualify for that particular preference. For purposes of qualifying for a particular preference, if an offeror fails to complete the Certification Statement Form for each preference, that offeror will be deemed as not qualifying for that preference.

Preferences will be calculated at a rate of five percent (5%) for the first preference and two percent (2%) each for the second and third preferences. The preferences shall be combined and applied as a total percentage of the original offer in order to determine the bid or score for evaluation purposes.

(a) For the Buy American preference, if any offeror offers a product that is not a domestic source end product, add the applicable percentage of the total available points to the total score of each offeror offering a domestic source end product.

(b) For the Buy Ohio preference, if any offeror is a Buy Ohio Supplier claiming the preference, and there is at least one other offer that is not a Buy Ohio Supplier add the applicable percentage of the total available points to each Buy Ohio Supplier’s total score.

(c) If claiming the preferences in (2)(a) and (b) based on the product(s) offered, an offeror

Point Value Evaluation Criteria

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

1 WEAK: Response description is poor related to meeting the objectives.

2 WEAK TO MEETS: Response description indicates the objectives will not be completely met or at a level that will be below average.

3 MEETS: Response description generally meets the objectives or expectations.

4 MEETS TO STRONG: Response description indicates the objectives will be exceeded.

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

is only eligible to receive the preference if the cost of the product(s) offered exceeds fifty percent (50%) of the total offered cost for products and services. A Buy Ohio Supplier is eligible to receive the Buy Ohio preference solely based on its significant economic presence in Ohio or a border state regardless of the origin of any product offered.

(d) For the Veteran-Friendly Enterprise preference, if any offeror is a certified veteran-friendly business enterprise claiming the preference and there is an offeror who is not claiming the preference, add the applicable percentage of the total available points to any certified veteran-friendly enterprise offeror’s total score.

PART FIVE: CONTRACT AWARD

I. CONTRACTUAL REQUIREMENTS

Any contract(s) resulting from this issuance of this RFP are subject to the terms and conditions provided in the personal services contract. The information contained in the RFP and in the proposal submitted by the selected contractor shall be considered part of the contract.

No relationship of employer and employee is created by any resulting Contract. The selected Contractor will act as an independent contractor with no claim under the Contract or otherwise against Agency or the State of Ohio for business expenses, travel expenses, vacation pay, sick pay, retirement benefits, workers compensation, or disability or unemployment insurance benefits or employee benefits of any kind. Neither the selected Contractor nor any of its employees or subcontractors is eligible to participate in any employee benefit or retirement plans offered by Agency or the State of Ohio. Agency shall withhold no payroll or employment taxes of any kind.

Contractors shall agree to indemnify and to hold Agency and the State of Ohio harmless and immune from any and all claims, costs and liabilities for injury or damages arising from the Contract which are attributable to Contractor’s own actions or omissions or those of its trustees, officers, employees, subcontractors, suppliers, third parties utilized by the Contractor, or joint venturers while acting under the Contract. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime, or employment matters and any claims involving patents, copyrights, and trademarks.

Contractors are solely responsible for all of their business expenses, including the payment or withholding of all federal, state and local income taxes, workers compensation insurance, social security and unemployment insurance, and the payment of wages and salaries, travel expenses, insurance of every kind, and health and retirement plans. Contractors shall indemnify and hold Agency harmless from and against any and all claims, demands, liabilities, losses, damages and expenses resulting in any manner from any act or omission of the contractor or its employees or subcontractors related to its obligation to pay and withhold income tax, social security, unemployment insurance and to maintain worker’s compensation insurance.

The selected contractor shall understand that as an independent contractor, it is not a public employee and is not entitled to contributions from the State to any public employee retirement system. The contractor shall acknowledge and agree that any person providing services under the Contract is not a public employee for purposes of O.R.C. Chapter 145. Contractor, its employees, or any individuals performing services under the contract, shall complete and submit to the Agency the Non-Member Acknowledgement form, attached and found at the following link:

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

Until the expiration of six (6) years after the termination of any Contract, Contractors will, upon proper request, allow Agency, the Comptroller General of the United States, the U.S. Department of Health and Human Services, the State of Ohio, the Ohio Medicaid Fraud Control Unit and the Ohio Department of Medicaid and their duly-authorized representatives access to the Contractor's books, documents and records necessary to certify the nature and extent of costs of reimbursable services provided under the Contract. For any subcontract in excess of $10,000, Contractors shall require the subcontractor to agree to these record keeping provisions. If the Contractor is requested to disclose any books, documents or records relevant to the Contract for the purpose of an audit or investigation by any government agency, Contractors shall immediately notify Agency of the nature and scope of the request and shall make available to Agency all books, https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf documents and records relevant to the request.

In the performance of the Contract:

Contractors shall comply with all applicable federal, state and local laws regarding smoke-free and drug-free workplaces and shall make a good faith effort to ensure that none of its employees or permitted subcontractors engaged in the work being performed hereunder purchase, transfer, use, or possess illegal drugs or alcohol, or abuse prescription drugs in any way.

Pursuant to R.C. 125.111, Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor, shall not discriminate, by reason of race, color, religion, sex, age, national origin, veteran status, or disability against any citizen of this state in the employment of any person qualified and available to perform the work under this Contract.

Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of work under this Contract on account of race, color, religion, sex, age, national origin, veteran status or disability.

Contractor shall not discriminate in the provision of services on account of race, color, religion, sex, age, natural origin, veteran status or disability.

The Department of Developmental Disabilities recognizes the safety of employees and contractors within Central Office and any of the agency’s Developmental Centers. In accordance with State of Ohio Administrative Policy HR-42 “Response to Active Aggressor”, every employee of the contractor providing services at the Offices of the Ohio Department of Developmental Disabilities under this Contract shall enroll and complete the online “Active Aggressor Response” training within thirty (30) days of the date employee’s initiation of services on site.

Payments for any and all services provided pursuant to the contract are contingent upon the availability of state and federal funds.

All aspects of the contract apply equally to work performed by any and all subcontractors.

The Contractor, and any subcontractor(s), will not use or disclose any information made available to them for any purpose other than to fulfill the contractual duties specified in the RFP. The Contractor, and any subcontractor(s), agrees to be bound by the same standards of confidentiality including federal and state statutory and regulatory requirements that apply to the employees of DODD and the State of Ohio.

Before a contract can be awarded, an Affirmative Action Program Verification Form must be completed using the Ohio Business Gateway Electronic filing website (https://ohiobusinessgateway.ohio.gov). Contractor must have an approved Affirmative Action plan recorded with the State of Ohio Department of Administrative Services.

DODD cannot issue a contract to any organization that does not have a State of Ohio Supplier ID. Contractors must first obtain an Ohio ID by going to the following link:

https://ohid.ohio.gov/wps/portal/gov/ohid/create-account/. Next, applicants must go to Ohio Pays to register as a supplier at https://ohiopays.ohio.gov/getting-started/02-how-to-register/02-how-to-register . Once both of these steps have been completed, the contractor will receive a supplier

ID.

https://ohid.ohio.gov/wps/portal/gov/ohid/create-account/ https://ohiopays.ohio.gov/getting-started/02-how-to-register/02-how-to-register https://ohiopays.ohio.gov/getting-started/02-how-to-register/02-how-to-register

If a Supplier ID is not available prior to the submission of this proposal, the organization is encouraged to include proof with the submitted proposal that demonstrates the request to obtain a Supplier ID. It is the organization’s responsibility to inform DODD of the supplier ID as soon as one is obtained by emailing the DODD Procurement mailbox and identifying the solicitation name and year in the subject line of the email. In the event that a supplier ID is not provided in a timely manner, DODD reserves the right to withdraw the offeror’s proposal from consideration or rescind a notice of award.

Contractors shall maintain all necessary licenses or registrations. Contractors shall perform all services with reasonable care, skill and diligence as would normally be provided by an experienced consultant and in accordance with industry standards.

Contractors shall purchase and maintain comprehensive personal liability insurance. Upon request, Contractors shall furnish Agency with a certificate of coverage.

II. CONTRACT AWARD PROCESS

It is DODD’s intention to award one or more contracts under the scope of this RFP and as based on the RFP calendar of events schedule, so long as DODD determines that doing so is in the State’s best interests and DODD has not otherwise changed the award date.

Any award decision by DODD under this RFP is final. After DODD makes its decision under this RFP, all offerors will be notified (in writing or by phone, at DODD’s discretion) of the final evaluation and determination as to their proposals.

DODD will issue a notice of contract award to the selected Contractor(s) and finalized contract terms and conditions will be forwarded for signature. Contract will include RFP and attachments and the Contractor’s accepted proposal. Once executed copies of the contract are submitted by the Contractor(s) and pending any further approvals that may be required (e.g., State Controlling Board), DODD will fully execute the contract.

Once the contract is fully executed, DODD will issue a purchase order (PO). DODD will issue to the Contractor(s) one (1) copy of the signed contract and one (1) copy of the PO for its/their files.

Unless otherwise negotiated and included in the executed contract/scope of work, the selected contractor(s) shall be bound by all outlined services, policies and procedures as contained in the contractor’s submitted and evaluated proposal.

The Contractor may commence work upon receipt of a state issued purchase order (PO).

III. NUMBER OF AWARDS

DODD anticipates making at least one (1) award depending on programs’ needs and the fit of the Contractor(s) to the scope of this RFP.

IV. FUNDING APPROVAL THRESHOLD

In the event that contractual expenditures with the selected Contractor(s) will exceed $50,000 in spending under any contract that results from this RFP, or that otherwise exceed $50,000 in aggregate spending across all contracts between the contractor and DODD, the contract will be subject to the approval of the State of Ohio Controlling Board.