RFP 01 25-160c AES Cost of Service Revenue Allocation Expert.pdf

RFP Number: OCC25-160 Date Issued: April 22, 2025

Issued by Office of the Ohio Consumers’ Counsel (OCC)

65 E. State St., Suite 700 Columbus, Ohio 43215 www.occ.ohio.gov

The OCC is requesting Proposals for:

AES Ohio Cost of Service and Revenue Allocation Expert

PUCO Case No.: 24-1009-EL-AIR 24-1011-EL-ATA, 24-1010-EL-AAM

RFP Issued: April 22, 2025 Inquiry Period Begins: April 22, 2025 Inquiry Period Ends: April 29, 2025 – 8:00 AM EST Proposal Due Date: May 6, 2025 – 2:00 PM EST

Request for Proposal

Template Rev. 5/2024 OCC25-160 AES Cost of Service & Revenue Allocation Expert

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

Part Page Part One: Executive Summary 3 Part Two: General Instructions 4

Part Three: Scope of Work and Deliverables 7 Part Four: Proposal Requirements 9 Part Five: Evaluation of Proposals & Contract Award 11 Part Six: Evaluation Criteria 13

Attachments Attachment One: Forms:

Cost Summary Sheet Offeror Profile Summary Affirmation & Disclosure Form: Executive Order 2022-02D

Attachment Two: Sample Service Contract & Exhibit A: Standard Terms and Conditions

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

PART ONE: EXECUTIVE SUMMARY

Introduction. This is a Request for Proposals (RFP) under Section 125.071 of the Ohio Revised Code (ORC) and Section 123:5-1-08 of the Ohio Administrative Code (OAC). The Ohio Consumers’ Counsel (OCC) is soliciting competitive sealed proposals (Proposals) for Dayton Power and Light Company d/b/a AES Ohio (“AES Ohio”) If a suitable offer is made in response to this RFP, the OCC may enter into a contract (Contract) to have the selected Offeror (the Contractor) perform all or part of the Project. This RFP provides details on what is required to submit a Proposal, how OCC will evaluate the Proposals, and what will be required of the Contractor in performing the work.

Background. The OCC plays an integral part in Ohio's government and economy by fulfilling its role as the advocate agency for residential utility consumers. Established in 1976, the OCC’s services for Ohio consumers include advocacy on their behalf on issues involving the affordability and quality of their utility services. OCC also provides education for consumers regarding their utility services.

The law governing the agency's activities is contained in Chapter 4911 of the Ohio Revised Code.

OCC’s Mission: The Ohio Consumers’ Counsel advocates and educates to secure for Ohioans affordable, reliable and equitable residential utility services that are essential to their well-being.

OCC’s Vision: To be an independent voice of Ohio residential consumers, including at-risk communities, for achieving justice, equity and regulatory reform regarding their utility services.

Purpose. This RFP is issued by OCC to solicit proposals from qualified Independent Contractors for technical assistance to determine the appropriate cost of service study, revenue allocation and rate design, specifically those in the AES Ohio (“AES Ohio” or “Utility”) distribution rate and alternative regulation cases (Case No. 24-

1009-EL-AIR, 24-1011-EL-ATA, 24-1010-EL-AAM).

PART TWO: GENERAL INSTRUCTIONS

Calendar of Events. The schedule for this RFP and the work to be addressed is given below. The OCC reserves the right to change this schedule as needed.

Firm Dates.

RFP Issued: April 22, 2025

Inquiry Period Begins: April 22, 2025 Inquiry Period Ends: April 29, 2025; 8:00 AM EST Proposal Due Date: May 6, 2025; 2:00 PM EST

Estimated Contract Award Date: May 9, 2025 Contract End Date: June 30, 2025

Renewal Option: July 1, 2025 – June 30, 2026

Failure to meet a deadline in the submission or evaluation phases or any objection to the dates for the performance in the Proposal phase may result in the OCC not considering the Proposal from the Offeror.

Contract Period. The term of this contract will be from the award date through June 30, 2025. At the sole discretion of the OCC, the State may renew all or part of this Contract with an optional one-year renewal which may extend this contract through June 30, 2026.

Contact. The following individual will represent the OCC as the primary contact for matters relating to this RFP and any subsequent contract.

Lisa Lyman Contract and Fiscal Administrator Office of the Ohio Consumers’ Counsel 65 E. State St., Suite 700 Columbus, Ohio 43215 E-mail: OCC-Bids@occ.ohio.gov

INQUIRIES. The following sections provide details on how to get more information about this RFP and how to submit inquiries.

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 viewing and submitting inquiries 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

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

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

Offerors will not receive a personalized e-mail response to their question, nor will they receive notification when the question has been answered. Offerors may view inquiries and responses on the OhioBuys Public Solicitations page by opening the Solicitation Overview and navigating to the inquiries section of that page.

OCC will try to respond to all inquiries within 48 hours of receipt, excluding weekends and State holidays.

OCC will not respond to any inquiries received after 8:00 a.m. on the inquiry end date.

Proposal Submission. Proposals must be uploaded in Ohio Buys at:

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

Electronic Submission: Offeror must submit one (1) original Proposal which includes all completed and signed forms.

The OCC may reject any proposals or unsolicited proposal amendments that are received after the deadline.

Each Offeror must carefully review the requirements of this RFP and the contents of its proposal. OCC will not be liable for any costs incurred by any Offeror in responding to this RFP, regardless of whether the OCC awards the contract through this process, cancels this RFP for any reason, or issues another RFP.

By submitting a Proposal, the Offeror acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements.

In addition, the Offeror will agree to abide by all laws, rules and directives of the State of Ohio, as they pertain to vendors doing business with the State of Ohio.

The OCC may reject a 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 if the Proposal fails to meet any requirement of this RFP. The OCC may reject any Proposal that is not in the best interest of the OCC.

All Proposals and other material submitted will become the property of the OCC. Proprietary information should not be included in a Proposal or supporting materials because all Proposals will be treated as a public record and the OCC will have the right to use any materials or ideas submitted in any Proposal without compensation to the prospective Offeror.

Waiver of Defects. The OCC has the right to waive any defects in any Proposal or in the submission process followed by the Offeror. However, the OCC will only do so if it is in the best interest of the OCC and will not cause any material unfairness to other Offerors.

Amendments to Proposal. Amendments or withdrawals of proposals will be allowed if the amendment or withdrawal is received before the proposal due date. No amendment or withdrawals will be permitted after the due date, except as expressly authorized by the OCC.

Amendments to the RFP. If the OCC decides to revise this RFP, amendments will be posted on the DAS website. Offerors are responsible for checking the website for any updates or to review all questions and answers posted regarding this RFP.

PART THREE: SCOPE OF WORK AND DELIVERABLES

This section describes the scope of work and what the selected Offeror must deliver as part of the completed work (the “Deliverables”) to meet the terms and conditions of a subsequent contract.

Scope of Work. The Independent Contractor will be fully responsible for the review, analysis and evaluation of all materials filed by the Utility (“AES Ohio”) and any other parties in the proceeding relating to the cost-of-service studies, the revenue allocation among customer classes, and rate design submitted by AES Ohio and the PUCO Staff (“Staff”) in Case No. 24-1009-EL-AIR, et al. The Independent Contractor will analyze and evaluate the cost-of-service studies presented in this proceeding and is expected to propose alternative and appropriate cost-of-service study and revenue allocation results for residential customers as needed.

The Independent Contractor will also be responsible for the analysis and evaluation of background materials as may be provided by OCC or identified by the Independent Contractor during the course of its review regarding the rate structure and rates for residential customers including, but not limited, to customer charges and flat rates. The Independent Contractor will be expected to bring to its analysis substantial experience in evaluating all issues related to cost of service, revenue allocation, rate design and bill impacts in this proceeding.

Summary. On November 29, 2024, AES Ohio filed an application for an increase in its rates in Case No.24- 1009-EL-AIR, et al. Supporting testimonies were filed on December 13, 2024.

AES Ohio’s current base distribution rates, which were approved by the PUCO in Case No. 20-1651-EL- AIR, were based on a date certain of June 30, 2020, and on a test period of June 1, 2020, to May 31, 2021.

Work Requirements and Deliverables. The Independent Contractor shall undertake the following work and activities, as requested and approved by OCC, for the identification, analysis and development of issues related to the cost of service, revenue allocation, rate design and bill impacts, including those related to “Redundant Service” costing treatment, the Distribution Investment Rider (“DIR”), The Regulatory Compliance Rider (“RCR”), the Proactive Reliability Optimization Rider (deferred management expenses), and the Residential decoupling mechanism proposed by the Utility, as well as proposals by the PUCO and other parties and the recommendation of appropriate revenue allocation and rate design for the residential customers of the Utility (AES Ohio) in the proceeding.

Deliverable 1

1. Review and prepare an analysis and critique of the Utility’s proposed cost of service study, revenue allocation and rate design including a review of the Utility’s Application, schedules, work papers and supporting testimonies with this work substantially completed by June 30, 2025.

2. Provide technical support regarding the cost of service, revenue allocation, rate design and bill impacts for the discovery process in the proceeding, including:

a. Prepare discovery (interrogatories and requests for production of documents);

b. Review responses to OCC's discovery;

c. Attend depositions scheduled as required by OCC's Lead Attorney;

d. As required, give deposition testimony; and

e. Review discovery requests served upon the OCC by other parties and assistance in preparing OCC’s responses to such discovery.

Deliverable 2

Review and prepare an analysis and critique of the PUCO Staff's proposed cost of service, revenue allocation, and rate design in its Staff Report of Investigation, work papers and supporting testimony, including preparation of objections to the Staff Report on the same or related issues. Objections to the Staff Report, along with testimony, are due thirty days from the date the Staff Report is issued.

Deliverable 3

1. Recommend and calculate an appropriate revenue allocation, rate design and bill impacts for residential customers of AES Ohio:

i. Prepare written, direct and, if needed, rebuttal testimony and presentation of that testimony at the hearing;

ii. Testimony shall include the appropriate revenue allocation and rate design for residential customers of AES Ohio and supporting schedules.

2. Review the information developed by, and the testimony of, any other consultants retained by OCC in order to coordinate OCC's development of issues in this proceeding.

Deliverable 4

1. Provide technical support, as identified by OCC's Lead Attorney, for the legal preparation involved in the proceeding including an analysis of written and oral testimony of other witnesses (Utility, PUCO Staff and other parties) to assist with cross-examination.

2. Provide technical assistance needed for any pre-hearing or settlement conferences.

3. Provide technical assistance on the cost-of-service study, revenue allocation, rate design and bill impacts subsequent to the hearing in order to prepare post-hearing briefs and evaluate issues for possible rehearing and/or appeals including, but not limited to, evaluation of those and related issues in the PUCO's Opinion and Orders, if requested, by OCC's Lead Attorney.

PART FOUR: PROPOSAL REQUIREMENTS

Proposal Format. Each proposal must include sufficient data to allow the OCC to verify the total cost for the work and all of the Offeror’s claims of meeting the RFP’s requirements. These instructions describe the required format for a responsive proposal. The Offeror may include any additional information it believes is relevant.

1. Offeror Profile. Each proposal must include a general profile of the prospective Offeror’s relevant experience working on projects similar to this work. In the Offeror’s Profile Summary, (See Attachment One), details on prior and current similar and/or relevant work projects should be provided, including the scope of such work and clients. While detail is generally preferred on an Offeror’s most recent work, Offerors are encouraged to provide detail on relevant work in Ohio.

The profile must also include the Offeror’s legal name, address, and telephone number; home office location; date established; ownership (such as public firm, partnership, or subsidiary); firm leadership (such as corporate officers or partners); total number of employees nationwide and in Ohio; the percentage of women employees nationwide and in Ohio; the percentage of minorities nationwide and in Ohio; number of employees to be engaged in tasks directly related to the work; and any other background information the prospective Offeror believes would be useful during the proposal evaluation process.

2. Work Plan. The prospective Offeror must fully describe its approach, methods, and specific work steps for doing the work and producing the Work Requirements and Deliverables set forth in Part Three of this RFP. The OCC encourages responses that demonstrate a thorough understanding of the nature of the work and what the Offeror must do to get the work done well. The prospective Offeror must also provide a complete and detailed description of the way it will do the work that addresses the areas of concern identified in the Scope of Work. The OCC seeks insightful responses that describe proven, state-of-the-art methods. Recommended solutions should demonstrate the prospective Offeror’s ability to quickly undertake and successfully complete the required tasks.

The prospective Offeror’s work plan must clearly and specifically identify key personnel assignments, by individual, as to who would be addressing the deliverables set forth in Part Three of this RFP.

3. Personnel Profile Summaries. Each proposal must include a profile and/or resume that demonstrates the competency of the Offeror by submitting the following information:

• Team Members Names

• Experience and Qualifications. Experience and qualifications relevant to this project.

• Dates of Employment. The length of time the team members performed relevant work requiring the necessary technical expertise.

• Project Experience. The work of the team members on projects of similar or greater size and scope.

4. References. The prospective Offeror must include three references for which the prospective Offeror has successfully provided services on projects that were similar in their nature, size, and scope of work. These references must relate to work that was completed within the past five (5) years.

Note: Each reference must be willing to discuss the prospective Offeror’s performance with an OCC representative.

5. Cost Summary. Each Offeror must provide a cost summary table showing: (1) Team Members’ names, (2) their hourly rates, (3) their estimated hours, and (4) total estimated project cost for the Work Requirements and Deliverables set forth in Part Three of this RFP.

a) The OCC requires the inclusion of ALL expenses associated with this project within the hourly rates and hours used to determine the costs for the deliverables, thereby eliminating the need for expense billings. Items to be taken into consideration in determining the cost of each deliverable should include supplies and materials, transportation and per diems, copying and overnight mail charges, etc. The successful Offeror will be responsible for direct payment to vendors for any requirements for overnight mail and any "on-site" photocopying charges.

b) Offeror will invoice only for actual work performed and documented.

The OCC will not be liable for any costs the prospective Offeror does not identify in its proposal.

6. Submit an original W9 form along with your response to this RFP so that, if a contract is awarded, the OCC can process any invoices submitted by your company. The Internet link to the form is:

http://www.irs.gov/pub/irs-pdf/fw9.pdf. The form must be signed and dated.

7. The Offeror must complete the Standard Affirmation and Disclosure form attached to this RFP which addresses Executive Order 2022-02D, Governing the Expenditure of Public Funds on Offshore Services. This executive order states in part “…No State Cabinet Agency, Board or Commission (“Executive Agency”) shall enter into any contract which uses any public funds within its control to purchase services which will be provided outside of the United States…” By the signature affixed to this response, the Bidder/Offeror affirms, understands and will abide by the requirements of Executive Order 2022-02D. If awarded a contract, the Bidder/Offeror becomes the Independent Contractor and affirms that both the Independent Contractor and any of its subcontractors shall perform no services requested under this Contract outside of the United States.

8. Submit a statement as part of your response to this RFP, affirming that you or members of your staff do not currently owe any money to the state of Ohio or have an unresolved finding for recovery from the Auditor of State as per Ohio Revised Code (ORC) 125.25. To access more information regarding ORC 125.25, please visit: http://codes.ohio.gov/orc/125.25.

9. Campaign Contribution. House Bill 694 requires that every contract for goods or services of more than $500 must contain a certification signed by the contract recipient certifying that the recipient is in compliance with ORC 3517.13 Divisions (I) or (J) regarding limitations on political contributions. If awarded a contract, the Offeror will certify that they are in full compliance with these Divisions of ORC 3517.13. For more information, please refer to http://codes.ohio.gov/orc/3517.13.

PART FIVE: EVALUATION OF PROPOSALS AND CONTRACT AWARD

Evaluation of Proposals. The evaluation process may consist of up to four distinct phases:

1. The Initial Review of all proposals for defects.

2. The Evaluation of the Proposals technical merits and cost summary.

3. Request for More Information (Interviews, Presentations, and Demonstrations).

4. Contract Negotiations.

It is within the purview of the OCC to decide whether phases three and four are necessary.

Initial Review. The proposals will be reviewed for their timeliness, format, and completeness. Any incomplete, or incorrectly formatted proposals may be rejected. Likewise, any defects may be waived or a prospective Offeror may be allowed to submit a correction.

OCC may reject unsolicited proposal amendments received after the deadline. OCC will reject late proposals regardless of the cause for the delay. Should a disagreement occur regarding delivery, the Offeror must provide evidence of delivery date and time.

Team Review of the Proposals. Each member of the review team will evaluate and numerically score the technical merits each Proposal. The evaluation will be according to the criteria contained in PART SIX of the RFP. The evaluation team has a right to break these criteria into components and weight any components of a criterion according to their perceived importance. The evaluation team will meet and review each Offeror’s scores and come to an agreement on a consensus score.

Once the technical merits are evaluated, the cost summary will be evaluated.

Clarifications: During the evaluation process, clarifications may be requested from any Offeror under consideration and the clarification may give any Offeror the opportunity to correct defects in its Proposal. This may be done in cases where doing so would not result in an unfair advantage to the Offeror and the clarification is in the best interest of the OCC.

Rejection of Proposal. The OCC may reject any proposal that is not in the required format, does not address all the requirements of this RFP, or that the OCC believes is excessive in price or otherwise not in the best interest of the OCC to consider or to accept. In addition, the OCC may cancel this RFP, reject all the proposals, and seek to do the work through a new RFP or other means.

Offeror’s Performance History with Other Jurisdictions. Offerors must identify three (3) references from previous contracts of similar size and complexity to the scope of this RFP. A reference check questionnaire may be sent to the three references. If the Offeror has previous experience with OCC, the OCC will complete the questionnaire based on the Offeror’s performance history. The OCC questionnaire will count as one of the three required reference checks.

Interviews, Presentations and Demonstrations. The evaluation team may require an Offeror to interview with the evaluation team regarding their Proposal. Such presentation, demonstrations, and interviews provide the Offeror with an opportunity to clarify its Proposal and to ensure a mutual understanding of the RFP content. These presentations, demonstrations, and interviews will be scheduled at the convenience and discretion of the evaluation team. This phase of the evaluation is not an opportunity for the Offeror to engage in any negotiations over the form of the Proposal or required scope of the services.

Contract Negotiations. The final phase of the evaluation process may be contract negotiations. The evaluation team will schedule all negotiations. The selected Offeror(s) must negotiate in good faith. The evaluation team may conduct negotiations with any Offeror who submits a competitive Proposal, but the evaluation team may limit discussions to specific aspects of the RFP. Neither the Team, nor an Offeror, may disclose to another Offeror a priced Proposal or any other material information derived from competing Proposals. Any negotiated changes will be reduced to writing and become part of the contract file.

In the event that the Offeror fails to negotiate in good faith, OCC may terminate negotiations and is under no obligations to enter into a contract with the Offeror.

Contract Award. The contract will be awarded to the Offeror that demonstrates a clear understanding of OCC’s expectations; can complete the scope of work and deliverables within the designated timeframe and is the most competitive or lowest cost per point ration.

The OCC plans to tentatively award a Contract for this work no later than the date specified in Part Two of this RFP. The OCC reserves the right to change the contract award date if it becomes necessary.

In awarding the Contract, OCC will issue an award letter to the selected Offeror. The Contract will not be binding on OCC until the OCC’s duly authorized representative signs the Contract, the OCC issues a purchase order and all other prerequisites identified in the Contract have occurred. The selected Offeror will receive an executed copy of the contract.

Contract. If this RFP results in a Contract award, the Contract will include this RFP, written amendments to this RFP, the Offeror's Proposal, and written, authorized amendments to the Offeror's Proposal. The RFP and Proposal will be attached and incorporated into the standard OCC Service Contract (see Attachment Two). The Contract may also include any materials incorporated by reference in the above documents. The general terms and conditions for the Contract are contained in the Service Contract Attachment Two to this RFP. If there are conflicting provisions between the documents that make up the Contract, the order of preference for the documents is as follows:

1. This RFP, as amended;

2. The documents and materials incorporated by reference in the RFP;

3. The Offeror's Proposal, as amended; and

4. The documents and materials incorporated by reference in the Offeror's Proposal.

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

The Independent Contractor must provide all deliverables under this Contract. If any of the deliverables in this Contract are provided beyond the end date of the contract, this Contract will be extended through a renewal contract. Any compensation to the Independent Contractor under the renewal contract will be subject to the Total Cost as set forth in this Contract.

PART SIX: EVALUATION CRITERIA

In the Proposal evaluation phase, the evaluation team will rate the submitted Proposals in response to this RFP by using the below criteria.

Criteria

(As outlined in Part Four)

Does Not

Meet

Meets

Score

1. Offeror Profile Summary (Attachment 1). 0 2

2. Work Plan. 0 2

3. Personnel Profile Summaries. 0 2

4. References. 0 2

5. Cost Summary. 0 2

6. Completed W-9 Form. 0 2

7. Completed Standard Affirmation and Disclosure Form. 0 2

8. Statement Regarding Unresolved Finding for Recovery. 0 2

9. Statement Regarding Compliance with Campaign Contributions. 0 2

10. Buy Ohio (Bids Only) Add 5% to Non-OH Bids when appliable 0 State: N/A / RFP

11. Veteran Preference (If appl. add 5% to Non-Veteran Cert) 0 - Yes / No

Total Points Criteria

Qualifications Weight Rating

(0-5)

Extended

Score

12. Relevant Experience of Work Projects (Similar Scope of Work) 20

13. Relevant Work in Ohio 5

14. Industry Level of Experience (Utilities, Government or Previous OCC Contracts)

Total Points for Qualifications

Work Plan Weight Rating

(0-5)

Extended

Score

15. Define Description of Approach, Method &/or Steps to Perform Tasks

16. Proposal Organized & Covers all Deliverables 10

17. Identification of Personnel Assignments for Each Task 5

Total Points for Work Plan

Understanding of Project Weight Rating

(0-5)

Extended

Score

18. Scope of Project – (Understand Requirements – Deliverables, Timeline, Reports, etc.)

19. Purpose of Project – (Understanding of OCC’s Point of View and the Impact on Consumers)

20. Knowledge of Issues – (How Much and/or the Type of Experience Related to SOW – Research Studies, Project Driven, Employment History)

21. Identification of New Issues 5

22. Knowledge of Ohio Regulations 10

23. Understanding of OCC’s Policy/Position 20

Total Points for Understanding of Project

Total Technical Score:

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

OCC will apply the Veterans Friendly Business Enterprise preference as required by ORC 9.318 and OAC 123:5-1-16.

Technical Score: + Cost Score: = Total Score:

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

Attachment One - Forms

Cost Summary RFP: OCC25-160 AES Cost of Service & Revenue Allocation Expert

Following is a cost summary showing a not-to-exceed project cost for the work required and deliverables as outlined in Part Three of this RFP. Please use form as a guide and adjust as necessary.

Deliverables / Description of Tasks Employee Hours Hourly Rate

Estimated Cost

Total Cost: $

COST PROPOSAL POINTS OCC will use the information the Offeror submits on the Cost Summary Form to calculate Cost Proposal Points. OCC will calculate the Offeror’s Cost Proposal points after the Offeror’s total technical points are determined, using the following method:

Cost points = (lowest Offeror’s cost/Offeror’s cost) x Maximum Allowable Cost Points as indicated in the “Scoring Breakdown” table. “Cost” = Firm Fixed Price identified in the Cost Summary section of Offeror’s Proposal. In this method, the lowest cost proposed will receive the maximum allowable points.

The number of points assigned to the cost evaluation will be prorated, with the lowest accepted Cost Proposal given the maximum number of points possible for this criterion. Other acceptable Cost Proposals will be scored as the ratio of the lowest Cost Proposal to the Proposal being scored, multiplied by the maximum number of points possible for this criterion.

An example for calculating cost points, where Maximum Allowable Cost Points Value = 60 points, is the scenario where Offeror X has proposed a cost of $100.00. Offeror Y has proposed a cost of $110.00 and Offeror Z has proposed a cost of $120.00. Offeror X, having the lowest cost, would get the maximum 60 cost points. Offeror Y’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $110.00 (Offeror Y’s cost) equals 0.909 times 60 maximum points, or a total of 54.5 points. Offeror Z’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $120.00 (Offeror Z’s cost) equals 0.833 times 60 maximum points, or a total of 50 points.

OCC will apply the Veterans Friendly Business Enterprise preference as required by ORC 9.318 and OAC 123:5-1-16.

Cost Score:

Attachment One - Forms

Offeror Profile Summary

Offeror’s Legal Name: Address:

Phone Number: Fax Number: E-mail Address:

Home Office Location: (If different than above)

Date Established: Ownership:

Firm Leadership: Number of Employees Nationwide:

In Ohio:

Percentage of Women Employees Nationwide:

In Ohio:

Percentage of Minorities Nationwide:

In Ohio:

Number of Employees Directly Involved in Tasks Directly Related to the Work:

Additional Background Information (Include relevant work in Ohio):

Veteran Friendly Business Enterprise

If the Offeror qualifies as a Veteran Friendly Business Enterprise as defined by ORC 9.318 and OAC 123:5-1-01, the certification must also contain the following sentence:

(Insert Company name) affirms that they are certified as a Veteran Friendly Business Enterprise as defined by Ohio Revised Code 9.318 and Ohio Administrative Code 123:5-1-01(KK).

Ohio Department of Administrative Services

General Services Division

Attachment One – Forms

DEPARTMENT OF ADMINISTRATIVE SERVICES

STANDARD AFFIRMATION AND DISCLOSURE FORM EXECUTIVE ORDER 2022-02D

State of Ohio's Response to Russia's Unjust War on the Country of Ukraine

March 2022

All of the following provisions must be included in all invitations to bid, requests for proposals, state term schedules, multiple award contracts, requests for quotations, informal quotations, and statements of work. This information is to be submitted as part of the response to any of the procurement methods listed.

AFFIRMATION AND DISCLOSURE FORM

Contractor affirms that Contractor has read and understands the applicable Executive Orders regarding the prohibitions of performance of offshore services, locating State data offshore in any way, or purchasing from

Russian institutions or companies.

The Contractor shall provide all the name(s) and location(s) where services under this Contract will be performed and where data is located in the spaces provided below or by attachment. Failure to provide this information may result in no award. If the Contractor will not be using subcontractors, indicate "Not Applicable" in the appropriate spaces.

1. Principal location of business of Contractor:

(Address) (City, State, Zip)

Name/Principal location of business of subcontractor(s):

(Name) (Address, City, State, Zip)

2. Location where services will be performed by Contractor:

Ohio Department of Administrative Services

General Services Division

Name/Location where services will be performed by subcontractor(s):

3. Location where state data will be located, by Contractor:

Name/Location(s) where state data will be located by subcontractor(s):

Contractor also affirms, understands and agrees that Contractor and its subcontractors are under a duty to disclose to the State any change or shift in location of services performed by Contractor or its subcontractors before, during and after execution of any contract with the State. Contractor agrees it shall so notify the State immediately of any such change or shift in location of its services. The State has the right to immediately terminate the contract, unless a duly signed waiver from the State has been attained by the Contractor to perform the services outside the United States.

On behalf of the Contractor, I acknowledge that I am duly authorized to execute this Affirmation and Disclosure

Form and have read and understand that this form is a part of any Contract that Contractor may enter into with the State and is incorporated therein.

By:

Contractor

Print Name:

Title:

Date:

Attachment Two

OCC Standard Contract

Standard Terms & Conditions

Contract No.:

RFP/ITB No.:

OAKS No.:

PUCO Case No.:

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN THE

OFFICE OF THE OHIO CONSUMERS’ COUNSEL

AND

CONTRACTOR

I. PARTIES

This Contract for Professional Services (“Contract”), by and between the Office of the Ohio Consumers' Counsel ("OCC"), State of Ohio, located at 65 E. State Street, Suite 700, Columbus, Ohio 43215, and Consultant Name located at Street Address, City, State Zip (hereinafter referred to as “Independent Contractor”) is effective as of the date of the signature by the parties.

II. CONTRACT AMOUNT

A. The parties agree that the Independent Contractor shall provide OCC with expert technical assistance as outlined in the RFP No. and defined in the Independent Contractors Proposal dated .

B. In consideration for the promises and performance of the Independent Contractor as set forth herein, OCC agrees to pay to the Independent Contractor for services rendered that are in conformance with this Contract. All services must be billed by the Independent Contractor within 20 days of the end of the month in which they were performed. Payment will be made within thirty (30) days from the date of OCC’s receipt of proper invoices and proof of performance for services performed in accordance with the Scope of Work, Deliverables and Duties of the Independent Contractor and the Terms and Conditions for Professional Services (Attached hereto and incorporated herein as “Exhibit A”) of this Contract for Professional Services, as follows:

ESTIMATED BUDGET

Scope of Work Rate Up To Hours Estimated Cost

Deliverables 1 $ $

Deliverables 2 $ $

Total Cost (not to exceed) $

The invoices provided to OCC by the Independent Contractor shall be submitted as outlined below in “Exhibit A”, Section II. TERMS AND CONDITIONS OF PAYMENT, paragraph A. and B.”

The invoices provided by the Independent Contractor shall only reflect, and the OCC shall only pay for work actually performed. The total amount includes all travel and office expenses (Travel and office expenses are imbedded in the contract hourly rate and cannot be separately charged).

Invoices shall be emailed to: OCC-Invoices@occ.ohio.gov

III. TERM OF CONTRACT AND APPROVAL

This contract is effective on the date it is signed by the OCC and approved by the Office of Budget and Management (Division of State Accounting).

As the current General Assembly cannot commit a future General Assembly to expenditure, this Contract shall expire at the close of business on June 30, XXXX.

Prior to expiration of the original term or any renewed term, OCC may renew this Contract on the same terms and conditions by giving notice to the Independent Contractor of this Contract renewal. Such renewal shall begin upon the expiration of the original term or any renewed term, as applicable, and expire as set forth in an Amendment to this Contract. Any compensation to the Independent Contractor under the renewal contract will be subject to the Total Costs as set forth in this Contract unless a change in the amount is specifically requested by OCC.

Work performed after the contract ending date will not be paid. The Independent Contractor will only be compensated for work that is specifically requested by an OCC employee and is performed in accordance with Scope of Work, Deliverables and Duties of the Independent Contractor and the Terms and Conditions for Professional Services (Attached hereto and incorporated herein as “Exhibit A”) of this Contract.

IV. COMMUNICATION WITH THE MEDIA

The Independent Contractor shall not communicate with the media – including, but not limited to newspaper, television, or radio personnel regarding any OCC Request for Proposal, Invitation to Bid or contract the Independent Contractor has responded to or entered into. The Independent Contractor shall direct any and all inquiries received from the media to the OCC.

V. SCOPE OF WORK, DELIVERABLE AND DUTIES OF INDEPENDENT CONTRACTOR

Scope of Work. Upon request and assistance by an OCC employee, the Independent Contractor will complete deliverables as outlined in the RFP No. .

The Independent Contractor shall not perform work unless specifically requested to do so by an OCC employee.

This Contract is not binding upon OCC unless executed in full.

Approved & Accepted by:

Contractor Name Office of the Ohio Consumers’ Counsel

By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

STATE OF OHIO

STANDARD TERMS & CONDITIONS

I. GLOSSARY – The following definitions are applicable to all components of the Contract:

A. Acceptance: Approval and retention by the Ordering Agency of any products, supplies, services or other Deliverables, delivered to fulfill Contract requirements.

B. Contracting Agency: The agency with which the Contractor enters into the Contract and that has the authority to enforce the Terms and Conditions of this Contract. The Contracting Agency may also be the Ordering Agency.

C. Default: The omission or failure to perform any obligation under this Contract.

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

D. Ordering Agency: The entity, including State agencies and State of Ohio Cooperative Purchasing members authorized under Section 125.04 of the Ohio Revised Code, that purchases and accepts the products, supplies, services or other Deliverables under this Contract and that is responsible for payment. The Ordering Agency may also be the Contracting Agency.

E. State: The State of Ohio.

F. Time and Materials Contract: A Contract in which Contractor is paid (1) an hourly rate for labor actually performed and (2) if applicable and with prior approval by the Ordering Agency, for the cost of the materials or supplies actually used by the Contractor. Such rates and costs shall be established through Contractor’s submission of a price sheet, written quote, estimate, or invoice, as approved by the State. Hourly rates may include wages, overhead, general and administrative expenses, and reasonable profit. Materials or supplies may include the Contractor’s direct and indirect costs attributable to the work performed.

II. REGULATORY CONTRACT REQUIREMENTS

A. ANTITRUST. The State and the Contractor recognize that, in actual economic practice, overcharges resulting from antitrust violations are usually borne by the State. The Contractor therefore assigns to the State all state and federal antitrust claims and causes of action that the Contractor has or acquires relating to the goods and services acquired under this Contract.

B. APPROPRIATION OF FUNDS. The State’s funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments or any other obligations due by the State under this Contract, the State will be released from its obligations on the date funding expires. If appropriations are approved, the State may continue this Contract past the current biennium by issuing written notice of continuation to the Contractor. Any obligations of the State are subject to Section 126.07 of the Ohio Revised Code.

C. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract.

The independent Contractor will comply with Ohio IT-04 and any associated agency policies if given access to statewide and agency IT resources.

D. CONFLICT OF INTEREST/ETHICS. Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws.

E. CONTRACTOR’S WARRANTY AGAINST AN UNRESOLVED FINDING FOR RECOVERY. The Contractor warrants that the Contractor is not subject to an unresolved finding for recovery pursuant to

Section 9.24 of the Ohio Revised Code. If the warranty is false on the date the parties signed this Contract, the Contract is void ab initio and the Contractor shall immediately repay any funds paid under this Contract.

F. DEBARMENT. Contractor represents and warrants that it is not debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio and the Contractor shall immediately repay any funds paid under this Contract.

G. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on State property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

H. ELECTIONS LAW. Unless this Contract was solicited by competitive bid pursuant to Section 125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance with Section

3517.13 of the Ohio Revised Code.

I. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised Code and all related Executive Orders.

Before a Contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the Ohio Department of Administrative Services, Equal Opportunity Division.

J. EXPENDITURE OF PUBLIC FUNDS ON OFFSHORE SERVICES. The Contractor affirms it understands Executive Order 2022-02D and shall abide by those requirements in the performance of the Contract.

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 waive any other rights and remedies provided the State in the Contract.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure form to abide with Executive Order 2022-02D affirming no services of the Contractor or its subcontractors under this Contract will be performed outside the United States. During the performance of this Contract, the Contractor must not change the location(s) of the country where the services are performed, change the location(s) of the country where the data is maintained, or made available unless a duly signed waiver from the State has been attained to perform the services outside the United States.

K. GOVERNING LAW. This Contract shall be governed by the laws of the State of Ohio, and the venue for any disputes will be exclusively with the appropriate court in Franklin County, Ohio.

L. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the State. Contractor declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including but not limited to any insurance coverage, workers’ compensation, or unemployment compensation that is required in the normal course of business and will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor understands 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.

Contractor acknowledges and agrees any individual providing personal services under this Contract is not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a “business entity” as that term is defined in Section 145.037 of the Ohio Revised Code (“an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business”) Contractor shall have any individual performing services under the Contract complete and submit to the Ordering Agency the Independent Contractor/Worker Acknowledgement form.

Contractor’s failure to complete and submit the Independent Contractor/Worker Acknowledgement prior to commencement of the work, service or deliverable, provided under this Contract, shall serve as Contractor’s certification that Contractor is a “Business entity” as the term is defined in Section 145.037 of the Ohio Revised Code.

M. REGISTRATION WITH THE SECRETARY OF STATE. Contractor certifies that it is either:

1. A company that is properly registered with the Ohio Secretary of State; or

2. A foreign corporation, not incorporated under the laws of the State of Ohio, but is registered with the Ohio Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or

3. Exempt from registration requirements of the Ohio Secretary of State.

N. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, the State is exempt from sales tax.

O. TRADE. Pursuant to Section 9.76(B) of the Ohio Revised Code, Contractor warrants that Contractor is not boycotting any jurisdiction with whom the State of Ohio can enjoy open trade, including Israel, and will not do so during the Contract period.

The State of Ohio does not acquire supplies or services that cannot be imported lawfully into the United States.

The Contractor certifies that it, its subcontractors, and any agent of the Contractor or its subcontractors, acquire any supplies or services in accordance with all trade control laws, regulations or orders of the United States, including the prohibited source regulations set forth in subpart 25.7, Prohibited Sources, of the Federal Acquisition Regulation and any sanctions administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control. A list of those sanctions by country can be found at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx. These sanctions generally preclude acquiring any supplies or services that originate from sources within, or that were located in or transported from or through Cuba, Iran, Libya, North Korea, Syria, or the Crimea region of Ukraine.

P. TRAVEL. Any travel that the Contractor requires to perform its obligations under this Contract will be at the Contractor’s expense. The State will pay for any additional travel that it requests only with prior written approval. The State will pay for all additional travel expenses that it requests in accordance with Section

126.31 of the Ohio Revised Code and Rule 126-1-02 of the Ohio Administrative Code.

Q. USE OF MBE AND EDGE VENDORS. Section 125.081 of the Ohio Revised Code requires State agencies to set-aside purchases for Minority Business Enterprises (MBE) and Executive Order 2008-13S encourages use of Encouraging Diversity, Growth and Equity (EDGE) businesses. Therefore, the State encourages the Contractor to purchase goods and services from Ohio certified MBE and EDGE vendors.

III. CONTRACT CONSTRUCTION

A. TERM OF CONTRACT. The effective date of the Contract is the effective date stated in the Contract or the date the Contract is fully executed, whichever is later. The Contract will remain in effect until the earliest of:

(1) the ending date stated in the Contract; (2) the Contract is fully performed by both parties; (3) the Contract is canceled or terminated; or (4) the Contract expires at the end of a biennium unless continued by the State.

This Contract may be renewed upon satisfactory performance of activities hereunder, appropriation of funds by the Ohio General Assembly, and at the sole…