SRC0000041565 - Ohio Division of Unclaimed Funds - Voluntary Compliance Program RFP.pdfSRC0000041565 - Ohio Division of Unclaimed Funds - Voluntary Compliance Program RFP.pdf
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- Solicitation number
- SRC0000041565
- Issued by
- Ohio
About this file
This Request for Proposal (RFP) is issued by the Ohio Division of Unclaimed Funds to procure vendor services for end-to-end management of its Voluntary Compliance Program (VCP). The Division seeks qualified contractors to handle comprehensive case management activities including holder selection, outreach and follow-up communications via phone and email, inquiry response services, reporting assistance, preparation of Voluntary Compliance Agreements (VCA) or Voluntary Disclosure Agreements (VDA), and recommendations for field examinations. The program represents a significant operational initiative to improve compliance among holders of unclaimed funds and establish formal agreements documenting their compliance status.
The RFP document establishes specific requirements for contractor qualifications, service delivery standards, and performance metrics necessary to execute the Voluntary Compliance Program effectively. Interested vendors must demonstrate relevant experience in similar compliance programs, customer service operations, and administrative case handling. The procurement outlines detailed expectations for response timelines, communication protocols, and documentation standards that contractors must meet to maintain program integrity and ensure consistent holder engagement throughout the compliance process.
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OHIO DEPARTMENT OF COMMERCE
DIVISION OF UNCLAIMED FUNDS
REQUEST FOR PROPOSALS (RFP)
SRC0000041565
The Ohio Department of Commerce, Division of Unclaimed Funds (the “Division”) is soliciting Proposals from qualified vendors ("Contractors") to support and expand the Division’s Voluntary Compliance Program (VCP).
1. PROJECT INFORMATION
1.1. Project Title: Voluntary Compliance Program
1.2. UNSPSC Category: 84111600 Audit Services
1.3. Posting and Due Dates: September 8, 2026 – September 25, 2026, 5:00 PM ET
Proposals received after the due date and time will not be evaluated.
1.4. Inquiry Start and End Dates: September 8, 2026 – September 18, 2026, 5:00 PM ET
1.4 Contract Term: Once awarded, the Contract term will begin upon final signature and continue through June 30, 2027, with option to renew at the election of the Division. The term of the Contract is contingent upon satisfactory performance, compliance with the Contract, continued availability of appropriation, and all required approvals.
1.5 Background: The Division is responsible for ensuring compliance with Ohio’s Unclaimed Funds Law.
The Division contacts business owners (“Holders”) to inform them of their annual reporting obligations and promote compliance.
The Division’s mission is to ensure funds that are lost or forgotten by Ohio consumers are properly reported to the Division and returned to the rightful owner pursuant to Chapter 169 of the Ohio Revised Code (ORC) and its accompanying regulations aka “Ohio Unclaimed Funds Law”.
The Division’s defined compliance outreach strategies are as follows:
A. Target Audience: Prioritizing business outreach to all businesses throughout the state of Ohio, specifically reaching the business owner, business manager, accountant, tax preparer, or any other fiduciary.
B. To increase business awareness of Ohio Unclaimed Funds Law and educate businesses on how to report unclaimed funds to the Division.
C. Provide resources and instruction to businesses on how to identify and report unclaimed funds; For more information, visit https://unclaimedfunds.ohio.gov.
1.6 Project Objective: THE DIVISION’S VOLUNTARY COMPLIANCE PROGRAM (VCP): The Division seeks qualified vendors (“Contractors”) to conduct end-to-end Voluntary Compliance Program case handling, including Holder selection, outreach, follow-up by phone and email, responding to Holder phone and email inquiries, reporting assistance, Voluntary Compliance Agreement (VCA) aka Voluntary Disclosure Agreement (VDA) preparation, and recommendations for field examinations.
1.7 Definitions:
The following definitions apply to the RFP and Contract.
Agency: The State entity or entities on behalf of which this RFP is issued.
The Department: The Ohio Department of Commerce.
The Division: The Division of Unclaimed Funds.
Contract: The Contract resulting from this RFP.
Contractor: The selected Offeror.
Deliverable: Specified portions of the Work that must be provided by the Contractor to meet Contractual requirements.
Offeror: A supplier submitting a Proposal in response to this RFP.
Proposal: Competitive sealed proposals submitted by Offerors in response to this RFP.
State: State of Ohio.
Work: The scope of work described in this RFP.
VCP: Voluntary Compliance Program
VDA: Voluntary Disclosure Agreement
VCA: Voluntary Compliance Agreement
Holders: Shall have the same meaning as in Ohio Revised Code 169.01(D)(1), summarized as: 1) any person or business that has possession, custody, or control of money, rights to money, or other intangible property, or that is indebted to another (collectively “property”), 2a) if such person or business resides or has its principal place of business in Ohio, or 2b) where the records indicate that the owner of such property resides in or resided as a last known address, in Ohio.
For purposes of this RFP, the term “Proposal” refers to the materials submitted to the Department by a Contractor for consideration of a Contract for the services described herein. A Proposal consists of two components: (1) the Technical Proposal and (2) the Cost Proposal. A Contractor must submit both a Technical Proposal and a Cost Proposal as part of its Proposal package before the Proposal due date and time. These are two separate components which shall be submitted as separate electronic documents and clearly identified as either “Technical Proposal” or “Cost Proposal” and the RFP number.
1.8 Contractor Responsibilities: The selected Contractor shall fulfill all requirements outlined in this RFP and the Contract. Failure to meet these obligations may result in termination of the Contract.
Subject to the prior written approval of the Department, Contractors may partner with subcontractors to create a team that can deliver high-quality results. However, there must be one “lead” Contractor that is fully responsible for providing the strategic direction of the project, managing all partners and subcontractors, and overseeing the execution and completion of the work under this RFP. All billing must be managed through the lead Contractor, and all subcontracts will be at the sole expense of the Contractor.
1.8.1 Terms & Conditions: The State Standard Terms and Conditions and Data Security and Privacy Terms apply to this solicitation. No additional terms and conditions will be accepted.
A. All Offerors must submit a completed copy of the attached Affirmation and Disclosure form with their Proposal, as well as an Offeror Profile Form, which is located on the last page of this RFP.
2. Scope of Work & Deliverables (Technical Proposal Components):
2.1 Scope of Work:
Contractor will perform functions currently executed by Division auditors for the VCP, including three outreach cycles, maintaining documentation, tracking, and follow-up actions as specified in the “Voluntary Compliance Outreach Procedures Manual.” See Appendix A. Deviations from the specified policies and procedures will be only by written agreement between Division and Contractor.
Required Activities:
2.1.1 Holder Population and Volume:
A. The Division and Contractor will work together to determine Holder populations selected at random within the population. Final selection will be with the Division’s approval.
B. Contractors will begin with 300 Holders or fewer per cycle (i.e. initial selection, mailing, Holder follow up, reporting, and final letters), with volume adjusted jointly throughout the term of the Contract by agreement between Division and Contractor.
2.1.2 Company Selection & Setup:
A. Select random company population subject to Division approval.
B. Communicate selected Holder population to Division. Division auditors will set up and track in Kelmar KAPS system.
C. Communicate status updates to Division in monthly Work in Process Reports in format specified by the Division.
2.1.3 Outreach Cycles (Initial, Follow-Up & Final)
Conduct all activities described in the Outreach Procedures Manual, including:
A. Sending initial letters using Division-approved templates (See Appendix B).
B. Send follow-up and final Holder letters as required.
C. Conduct phone outreach per procedure (max attempts per cycle).
D. Update notes of Work in Progress Reports with ongoing communication attempts.
E. Provide Holders with instruction and guidance on the reporting process.
2.1.4 Reporting Assistance:
A. Educate Holders about reporting obligations under Ohio Revised Code 169, as interpreted by the Division.
B. Provide Division-approved materials and resources.
C. Guide Holders through identifying, preparing, and submitting required unclaimed funds reports and remitting the funds.
D. Assist Holders with preparation of Voluntary Compliance Agreements (VCA) for
Division review and approval.
2.1.5 Documentation, Tracking & Workflow Management:
A. Update and submit monthly Work in Progress Reports with status changes and
Holder/case details.
B. Participate in Quarterly Status Meetings and calls with the Division when requested.
C. Scan and submit letters and documentation of communications to the Division D. Maintain complete history and record retention consistent with Division policies.
2.1.6 Escalation & Field Examination Recommendations:
A. Identify non-responsive or non-compliant Holders.
B. Prepare referral packets for Compliance Manager or their representative to review.
2.2 Deliverables: The Contractor shall create a Strategic Plan to ensure its project satisfies the following objectives:
A. Verified and updated contact lists.
B. Outreach schedules.
C. Copies of all letters, scripts, and email templates used for outreach.
D. Monthly compliance status Work in Process reports submitted to Division E. Cycle summary reports (Initial, Follow-Up, Final-Not-Compliant).
F. VCA packages for Division approval.
G. Annual summary of all outreach, results, and efficiency metrics.
2.2.1 Data Systems & Security Requirements:
A. System Usage: The Contractor shall provide the types and names of software used to administer the Voluntary Compliance Program on behalf of the Division. Any use of Artificial Intelligence must conform to State of Ohio Administrative Policy IT-17: Use of Artificial Intelligence in State of Ohio Solutions.
B. The Contractor will disclose its knowledge and years of experience working with the Kelmar KAPS system and Onbase imaging system, if any, to the Division.
C. State Security Standards - Contractors shall fully comply with State of Ohio OIT Security Standards, including but not limited to:
Encryption (in transit and at rest), Secure handling of confidential personal information (CPI), Prohibition on storing, retaining, or transmitting CPI beyond program requirements, Data purging requirements at closeout.
3. Technical Proposal Evaluation Criteria:
Metric Weight Extended Score
1.
The Offeror demonstrates a clear and detailed work plan to provide a Strategic Plan & Approach that aligns with the Division’s objectives and goals. The work plan must include the following:
A. Detailed workflow end-to-end for Initial, Follow-Up, and Final outreach cycles.
30 150
Metric Weight Extended Score
B. Tracking and submission plan and procedures for Voluntary Compliance Agreements
C. Status and Work in Progress preparation, submission, and cost reporting plan and procedures.
D. Holder VCP timeline and resource allocation plan.
2.
The Offeror demonstrates at least three years of experience in successful delivery of audit services and program management.
Experience and Qualifications:
A. Minimum 3-years unclaimed funds/property experience.
B. Experience with call centers, high-volume outreach, and state VCP/audit participation.
C. Staff qualifications and resumes.
15 75
3.
The Offeror demonstrates readiness to meet data and information security requirements.
Data Security & Compliance:
A. OIT compliance controls.
B. CPI handling processes.
C. Security qualifications & experience.
15 75
4.
The Offeror demonstrates operational capacity to achieve successful delivery of the Voluntary Compliance Program.
Operational Capacity & Tools:
A. Demonstrated ability to handle
300-Holder cycles to include staffing and resources.
B. Phone outreach capacity.
15 75
Total Technical Proposal Points Available: 375
4.0 Scoring:
The table below lists the points available under the RFP and the allocation of those points between the Technical Proposal and the Cost Proposal.
PROPOSAL SCORING MAXIMUM ALLOWABLE POINTS
Technical Proposal 375 Cost Proposal 50 Total 425
4.1 Mandatory Requirements:
The Proposal must meet all the following proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to the following qualifying criteria may be disqualified from consideration.
PROPOSAL ACCEPTANCE CRITERIA YES NO
Offeror has a minimum of 3-years’ unclaimed funds/property auditing experience.
4.2 Technical Proposal Evaluation. Proposals submitted by Contractors that do not meet the minimum requirements will not be evaluated. Proposals determined by the Department to lack completeness, specificity or clarity of content may be deemed nonresponsive and, therefore, will not be evaluated. The remaining Proposals will be evaluated, scored, and ranked by a committee of selected staff. Proposals will be evaluated by the technical review criteria.
The Scoring Scale table below will be used to rate each Proposal on the technical metrics listed in the Technical Proposal evaluation table.
The Department will score a Proposal by multiplying the rating received in each category by its assigned weight and adding all categories together for the Contractor’s total technical score from the Technical Proposal evaluation table. Numerical values are defined as follows:
SCORING SCALE
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 Contractor would fail to satisfy the requirement(s).
4 Very Good Response demonstrates an approach offering 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 Contractor 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 Contractor 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 strengths. There are significant weaknesses and very few strengths.
There are questions about the likelihood of success and there is a risk that the
Contractor may fail to satisfy the requirement(s).
1 Poor Response demonstrates an approach that does not meet the stated requirements and/or objectives, lacks 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 Contractor would fail to satisfy the requirement(s).
The value assigned to each criterion is only a value used to determine which Proposal is the most advantageous to the Division in relation to the other Proposals that the Division received.
The evaluation committee will evaluate each Proposal and award up to the maximum amount specified for each criterion. A Proposal must receive a total technical score of at least 225 points (60 percent of the maximum total technical score of 375) for the Division to consider awarding an agreement for that Proposal.
5. Instructions:
5.0 Technical Proposal Format. Contractor’s technical proposal shall address all items in the “Technical Proposal Requirements” section and be submitted as the “Technical Proposal”. Failure to sufficiently address each item may result in the Division’s determination that the Proposal does not provide sufficient detail to adequately evaluate the Proposal and is, therefore, incomplete and nonresponsive. If the Proposal contains elements that exceed the requirements of the RFP, the Proposal should state the degree to which the requirement will be exceeded and how this will be accomplished. Proposals should be prepared simply and economically, providing a straightforward, concise, and complete description of the Contractor's proposal and capabilities to fulfill the agreement. Emphasis should be on completeness, specificity, and clarity of content.
5.1 Contractor’s Narrative. Responses to the RFP shall also include a short narrative describing the following:
A. The Contractor’s experience and expertise conducting projects of similar size and scope.
B. The Contractor’s ability to meet the minimum requirements.
C. The Contractor’s capacity to provide the services required.
D. Documentation of Contractor’s soundness and financial capability to perform the work.
E. Identification of the amount of time that the lead and key project personnel are expected to work on the project.
F. Ability and experience of key project personnel intended to work on the project and their responsibilities to the project.
G. Identification and description of any proposed subcontractors the Contractor will use if selected for the project and the work that will be completed by a subcontractor.
H. Description of contingency plans for completing the project should the lead or key project personnel become unavailable for any reason.
I. Timeline for completion of services and deliverables.
J. Description of the location and principal office from which the work is to be performed.
K. Identification of any anticipated difficulties in meeting the project specifications and a description of proposed solutions to these difficulties.
L. A list of three (3) references for whom the Contractor has performed similar services and deliverables. The Division may, but is under no obligation to, contact the references.
All components of this information should be submitted with the attached Offeror Profile form, found on the last page of the RFP.
5.2 Compensation for Deliverables. The Contractor’s proposed compensation shall be submitted as the “Cost Proposal.” The Cost Proposal shall provide an itemized budget to include itemized professional fees and estimated costs associated with providing all services described in this RFP. Invoices will be paid upon completion of the agreed-upon services and submission of an itemized invoice reflecting the services performed and associated costs incurred during the previous month. The Department will not be liable for any costs the Contractor does not identify in its Cost Proposal.
5.3 Where Proposals Must Be Submitted. Proposals must be submitted (no faxed, emailed, mailed, or hand delivered Proposals will be accepted) to the OhioBuys Sourcing Event. Resources for suppliers on how to use OhioBuys can be found here: Using OhioBuys | State of Ohio Procurement
5.4 When Proposals May Be Submitted. Once posted, until the OhioBuys Sourcing Event closing date.
5.5 Proposals are a Public Record. The Contractor acknowledges that, in accordance with Ohio Revised Code Section 149.43, all documents submitted in response to this RFP are presumptively deemed public record.
Therefore, the Contractor should not include in its Proposal information it considers confidential, proprietary, trade secret, or otherwise exempt from public disclosure.
5.6 Withdrawal of Proposal Prior to Scheduled Opening. The Contractor may withdraw its Proposal by written request any time after the Division receives the Proposal and before scheduled opening.
5.7 Withdrawal of Proposal After Scheduled Opening. The Contractor may withdraw its Proposal by written request after scheduled opening if there is reasonable proof that an inadvertent mistake was made.
5.8 Correction of Proposal Before Scheduled Opening. If a Contractor withdraws its Proposal and resubmits it with revisions prior to the submission due date, the revisions should be clearly identified and initialed by the Contractor. Any corrections must be completed off the Division’s premises.
5.9 Correction after Scheduled Opening. The Department may permit a Contractor alleging an error to correct its Proposal after opening, only if the mistake and the correction are clearly evident from the Proposal and the correction does not affect the amount of the Proposal or otherwise give the Contractor an unfair competitive advantage.
5.10 Proposals are Firm for 90 Days. Unless stated otherwise, once opened, all Proposals are irrevocable for ninety (90) days. Beyond ninety (90) days, the Contractor will have the option to honor their Proposal or make a written request to withdraw their Proposal from consideration.
5.11 Rejected Proposals. The Department may reject any Proposal, in whole or in part, if any of the following circumstances are true:
A. Proposals are not in compliance with the required format stated in the RFP.
B. Proposals do not address all of the requirements of the RFP.
C. The price is excessive in comparison with available funds or market conditions.
D. The Proposal takes exception to the terms and conditions of this RFP or fails to meet any of the requirements, terms and conditions, and specifications of this RFP.
E. The Department determines that awarding a Contract is not in its best interest.
5.12 Proposal Preparation. The Division assumes no responsibility for costs incurred by the Contractor prior to the award of the Contract resulting from this RFP. Proposals may not include any amounts attributable to its preparation.
5.13 Inquiries. Contractors may not contact the Department directly at any time during the solicitation process;
however, Contractors may make inquiries regarding this RFP any time during the inquiry period listed in OhioBuys.
To make an inquiry, Contractors must login to OhioBuys, navigate to the solicitation, open the Inquiry tab and submit their inquiry. Contractors will not receive a personalized e-mail response to their question, nor will they receive notification when the question has been answered. Contractors 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.
Contractors are to base their Proposal responses, and the details and costs of their proposed projects, on the requirements and performance expectations established in this RFP.
The Department is under no obligation to acknowledge questions submitted through the Q&A process if those questions are not in accordance with these instructions or deadlines. The Department does not consider questions asked during the inquiry period through the inquiry process as exceptions to the requirements or the terms and conditions of this RFP.
The Department will attempt to respond to all inquiries within three business days of receipt, excluding State holidays. The Department will not respond to any inquiries received after 05:00 PM on the inquiry end date listed in OhioBuys. The Department will use its discretion in deciding whether to provide responses as part of this RFP process. Responses to inquiries are not considered changes to the RFP.
5.14 Restrictions on Communication. Other than the communication options described in this RFP, Contractors must not make unsolicited contact with any staff member of the Department regarding this RFP. Contractors must not represent themselves to anyone as having the endorsement of the Department or the State, nor as the Department’s next supplier of the work. For Contractors currently doing business with the Department, any communication regarding this RFP is prohibited except as provided for in this RFP. Any such unauthorized contact may result in a Contractor being disqualified from further consideration under this RFP. The Department will not discuss the particulars of this RFP process with external parties.
5.15 Amendments to this RFP. If the Department decides to revise this RFP before the Proposal due date, an amendment will be issued in OhioBuys as a new round. If a Contractor has submitted a Proposal prior to an amendment being issued and wishes to be considered, the Contractor 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. The Department may issue amendments to this RFP any time before Proposals are due, and it is each Contractor’s responsibility to check for amendments and other current information regarding this RFP.
Unless otherwise stated in the notice by the Department, modifications and withdrawals must be submitted within OhioBuys prior to the end date of the amendment response period. If this RFP provides for a negotiation phase, this procedure will not apply to changes negotiated during that phase. Any modification that is broader in scope than the Department has authorized may be rejected and treated as a withdrawal of the Contractor’s Proposal.
5.16 Responsive Contractor. A Contractor is responsive if its Proposal responds to the RFP completely and contains no irregularities or deviations from the RFP that would affect the Proposal or otherwise give the Contractor an unfair advantage.
5.17 Responsible Contractor. The Department may reject any Proposal if a Contractor or a subcontractor is determined not to be responsible. The Department will determine if a Contractor is responsible using the following factors:
A. Experience of the Contractor.
B. Contractor's financial condition.
C. Contractor's conduct and performance on previous agreements, if applicable.
D. Contractor's facilities.
E. Contractor's management skills.
F. Contractor’s ability to execute the agreement properly.
5.18 Information Requested. The Division may request additional information to evaluate the Contractor's responsiveness to the RFP or to evaluate a Contractor’s responsibility. If a Contractor does not provide the requested information, it may adversely impact the Division’s evaluation of the Contractor’s responsiveness or responsibility.
5.20 Presentations and Interviews. The State may request some Offerors to interview, make presentations about their Proposals, or demonstrate the products or services. If the interviews, presentations, or demonstrations are held as part of the technical proposal evaluation, all Offerors having Proposals under evaluation may participate. The State may then use the information gathered from this process in evaluating the merits of the Proposals. The demonstrations, presentations, and interviews may also result in an adjustment of a Proposal’s evaluation. The State may evaluate the demonstrations, presentations, and interviews as a separate scoring criterion.
Alternatively, if the interviews, presentations, or demonstrations are held after the technical proposal evaluation, the State may limit them to one or more of the higher-ranking Offerors. The State may limit such interviews, presentations, and demonstrations to areas in which it seeks further information from the Offerors.
Typically, these discussions provide an Offeror with the opportunity to do one or more of the following:
Clarify its Proposal and ensure a mutual understanding of the Proposal content;
Showcase its approach to the Work; and/or Demonstrate the professionalism, qualifications, skills, and knowledge of its proposed candidates.
The State will schedule the interviews, presentations, and demonstrations at its convenience and discretion.
The State will determine the scope and format of any such interviews, presentations, or demonstrations and may record them. Additionally, if the State moves more than one Offeror to this phase, the scope and format of these interviews, presentations, or demonstrations may vary from one Offeror to the next, depending on the issues or concerns the State may have.
5.21 Cost Proposal Evaluation. The Division will calculate the Contractor’s Cost Proposal points after the Contractor’s total technical points are determined, using the following method:
Cost Points = (Lowest Contractor’s Cost / Contractor’s cost) x 50 Maximum Allowable Cost Points as indicated in the scoring breakdown above. 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.
5.22 Final Stages of Evaluation. The Contractor with the highest point total from all phases of the evaluation (Technical Points + Cost Points) will be recommended for the next phase of the evaluation.
Technical Score: + Cost Score: = Total Score: ____________
If the Division finds that one or more Proposals should be given further consideration, the Division may select one or more of the highest-ranking Proposals to move to the next phase. The Division may alternatively choose to bypass any or all subsequent phases and make an award based solely on the Proposal evaluation phase.
5.23 Clarifications and Corrections. During the evaluation process, the Division may request clarification from any potential Contractor under active consideration and may give a Contractor the opportunity to correct defects in its Proposal if the Division believes doing so does not result in an unfair advantage for the Contractor and it is in the Division’s best interests. Any clarification response that is broader in scope than what the Division has requested may result in the Contractor’s Proposal being disqualified.
5.24 Agreement Negotiation. It is at the discretion of the Division whether to permit negotiations. A Contractor must not submit a Proposal assuming there will be an opportunity to negotiate any aspects of the RFP. At its election, the Division may conduct discussions and/or negotiations with a Contractor for the purpose of clarification and/or correction. When it has been determined that it is in the Division’s best interest to conduct negotiations, the Division may request a submission of a best and final quotation.
5.25 Agreement Award. The Department’s proposal review team will evaluate the Proposals and, if applicable, the presentations and interviews, and will recommend to the Director of Commerce the award of an agreement based upon the total Contractor score and whether awarding an agreement will result in obtaining the best value and advantage to the Department. The Director’s award of an agreement will be identified by the Director’s signature on the agreement. The Director’s award is final and not appealable.
The Department at any time may determine that the award of an agreement is not in the best interest of the Department and may reject, cancel, or re-issue this RFP in whole or in part.
5.26 Agreement Contents. If this RFP results in an award of an agreement (the Contract), the Contract will consist of this RFP and any written amendments to the RFP, the version of the Contractor’s Proposal accepted by the Department, any materials incorporated by reference and accepted by the Department, and the Department’s terms and conditions for the Contract. The Contractor will perform the work as specified in the Contract.
The Contract’s terms and conditions shall be substantially similar to the standard State of Ohio terms and conditions:
https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf
The requirement to complete the following form will be incorporated as a term and condition of the agreement:
https://procure.ohio.gov/static/pdf/StateLocalAgencies/Resources_Forms/04- Affirmation%20and%20Disclosure%20Form_3-4-22.pdf
The Contractor must register with the Ohio Secretary of State at: https://www.ohiosos.gov/businesses/
If the Contractor is not currently a registered vendor with the State of Ohio, Contractor must (1) register online using the OAKS Supplier Self-Registration module at www.supplier.obm.ohio.gov; and (2) register with Ohio Buys in accordance with information provided at https://procure.ohio.gov/bidders-and-suppliers
5.27 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”), the Contractor shall have any individual performing services under the agreement complete and submit to the Department the Independent Contractor/Worker Acknowledgment form.
5.28 Contractor Start Date. The Division expects the Contractor to commence work upon Contract execution and the issuance of a Purchase Order (PO). If the Contractor is unable or unwilling to commence work, the Division reserves the right to cancel the Contract award and resume the evaluation process with the next most advantageous Proposal.
In accordance with Ohio Revised Code Section 126.07, the Department’s Contracts are not valid and enforceable until the Office of Budget and Management certifies the availability of appropriate funding, as indicated by the approval of the PO. The selected Contractor may neither perform work nor submit an invoice for payment for work performed for this project for any time prior to the PO approval date. The Department will notify the selected Contractor when the requirements of ORC Section 126.07 have been met and send a copy of the PO.
5.30 Department Withdrawal of the RFP. The Department reserves the right to withdraw the RFP at any time prior to the award of the Contract.
5.31 Damages Arising from RFP Specifications. A Contractor will not be compensated for damages arising from inaccurate or incomplete information in the RFP, specifications, or from inaccurate assumptions based upon the specifications.
5.32 Preferences. As applicable, the Department will apply all preferences pursuant to OAC 123:5-1-06.
Offeror Profile Form
Offeror’s Full Legal Name: Address:
Contact Person Name: Contact Person Phone Number:
Contact Person E-mail Address:
Home Office Location: Date Established: Ownership (e.g., corporate officers or partners):
Number of Employees: Offeror Business Type (e.g., public corporation, partnership, subsidiary, etc.):
Contract Signatory Name: Contract Signatory Email Address:
Provide the information described in Section 5.2 of the RFP.
Describe Offeror’s financial stability.
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