Staging and Audio-Visual Services RFP - vfinal Ohio Buys.pdf

Page 1 of 21 RFP# OPOTA-062024 www.OhioAttorneyGeneral.gov Staging and Audio-Visual Services RFP

OHIO ATTORNEY GENERAL’S OFFICE

REQUEST FOR PROPOSALS

Staging and Audio-Visual Services

RFP NUMBER: OPOTA-062024

June 18, 2024

Responses must be submitted via Ohio Buys on or before:

July 8, 2024, at 2:00 PM Time Eastern Time

Page 2 of 21 RFP# OPOTA-062024

Table of Contents

SECTION 1.0 OPPORTUNITY

1.1. Background

1.2. Purpose

1.3. Reference Material Website

1.4. Communication and Inquiries

1.5. Schedule of Events and Deadlines

1.6. RFP Response Deadline and Submission

SECTION 2.0 SCOPE

2.1. Overview

2.2. Scope of Work

2.2.1. Breakout Sessions

2.2.2. Ballroom Session

2.2.3 Preceding Day Session and Day of the Events

2.3. Audio-Visual Equipment and Venue Policies

SECTION 3.0 RESPONSE PREPARATION INSTRUCTIONS

3.1. Response Submission Instructions

3.2. General Response Requirements

3.2.1. Multiple or Alternate Responses

3.2.2. Discrepancies

3.2.3. Restrictions on Communications

3.2.4. News Releases

3.2.5. Discussions

SECTION 4.0 REQUIRED RFP RESPONSE CONTENT

Page 3 of 21 RFP# OPOTA-062024

4.1. Offeror General Information - Transmittal Letter

4.2. Scored Narrative Responses

Section A – Executive Summary

Section B – Qualifications and Experience

Section C – Offeror References

Section D – Personnel

Section E – Statement of Work (SOW)

Section F – Exceptions, Assumptions, and Deviations

Section G – Cost Proposal

SECTION 5.0 EVALUATION PROCESS

5.1. Evaluation Steps

Step 1 – Response Preparation Compliance Review

Step 2 – Response Scoring

Step 3 – Offeror Interaction (if requested by AGO)

Step 4 – Negotiations and Best and Final Offer (BAFO) (if requested by AGO)

Step 5 – Identification of the Apparent Successful Offeror

Step 6 – Contract

5.2. Scoring Criteria and Weights

SECTION 6.0 ATTACHMENTS AND EXHIBITS TO RFP

SECTION 7.0 GENERAL TERMS AND CONDITIONS

7.1. Budget and Payment

7.2. Requirements Specific to the State of Ohio

7.2.1 Fiscal Biennium

7.2.2. Reimbursable Expenses

7.2.3. Public Record Information

Page 4 of 21 RFP# OPOTA-062024

7.2.4. Trade Secret Information

7.2.5. Governing Law

7.2.6. Warranties and Certifications with Respect to this RFP

7.3. Liability

7.4. Subcontractors

Page 5 of 21 RFP# OPOTA-062024

SECTION 1.0 OPPORTUNITY

The Ohio Attorney General’s Office (AGO) is pleased to release this Request for Proposals (RFP) to supply the

AGO with audio-visual services for the annual Attorney General’s Law Enforcement Training Symposium

(LETS) to be held September 30 through October 1, 2024, at Kalahari Resorts and Conventions in Sandusky, Ohio. Preceding the symposium — on the afternoon of September 29 — the AGO’s Ohio Peace Officer

Training Academy (OPOTA) will host a related career fair, also at Kalahari.

LETS is the preeminent gathering of state, county, and municipal law enforcement in Ohio. The projected attendance at the conference is 500.

As part of LETS, OPOTA will have concurrent workshop sessions, a career and job fair, exhibit hall, and keynote speakers. An awards ceremony is also held to recognize the distinguished service of Ohio law enforcement officers.

More information about the symposium can be found on the Ohio Attorney General website or by clicking here.

1.1. Background

Ohio Attorney General Dave Yost is an elected official who is the Chief Law Officer for the State of Ohio and its agencies, boards and commissions. The office consists of about 1,600 employees in nearly 30 distinct sections that advocate for consumers and victims of crime, assist the criminal justice community, provide legal counsel for state offices and agencies, and enforce certain state laws.

As part of its core mission, OPOTA oversees training requirements and curriculum for peace officers, private security, local corrections, jail personnel, K-9 units, and humane agents, in addition to firearms programs for public defender investigators, bailiffs, probation officers, and parole officers. It also oversees certification standards of peace officers.

1.2. Purpose

The goal of this RFP is to partner with an experienced firm to provide both staging and audio-visual services for the upcoming LETS. The AGO expects access to reliable technical expertise and a comprehensive suite of audio-visual solutions and products. The event is to be produced in a manner that appropriately represents the importance of the gathering.

1.3. Reference Material Website

Reference materials related to this RFP will be available on the states’ Ohio Buys website. The website address is also linked from www.ohioattorneygeneral.gov/Business/Services-for-Business/RFQ. Ohio Buys provides the primary platform for Supplier partners to engage in procurement activities with the State of

Ohio. For additional information on using Ohio Buys follow the links provided below:

https://www.ohioattorneygeneral.gov/Law-Enforcement/Ohio-Peace-Officer-Training-Academy/Law-Enforcement-Training-Symposium http://www.ohioattorneygeneral.gov/Business/Services-for-Business/RFQ

Page 6 of 21 RFP# OPOTA-062024

• OhioBuys for Suppliers

• OhioBuys Training for Bidders and Suppliers

The AGO anticipates the website to provide the following:

• RFP Documents – Copy of this RFP and any Attachments.

• RFP Communication – Any documentation related to addenda to the RFP, questions and answers, and other announcements.

• Addenda – Contains any addenda or amendments to the RFP or other documentation.

• Questions and Answers – Contains copies of all questions and answers regarding the RFP or other related documents.

• Editable RFP Forms – Any editable copies of forms and tables found in the RFP and required in the offeror’s response.

1.4. Communication and Inquiries

Unless the AGO advises differently, all contact is to be in writing using the Ohio Buys website. All inquiries and responses will be posted to the same website.

Offerors may make inquiries regarding this RFP any time during the inquiry period listed in the Schedule of

Events and Deadlines. To make an inquiry, Offerors must login to Ohio Buys, 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 Ohio Buys Public Solicitations page by opening the

Solicitation Overview and navigating to the inquiries section of that page. The AGO will not respond to any inquiries received after 2:00 p.m. on the inquiry end date.

If Offerors experience technical difficulties accessing the Ohio Buys website where the RFP and its related documents are published, they may contact the OBM Contact Center through one of the options listed here:

• Submit a helpdesk ticket via email to OBM.ContactCenter@obm.ohio.gov and put "OhioBuys" in the subject line.

• Phone the OBM Contact Center at 614-338-4781 or 1-877-644-6771.

1.5. Schedule of Events and Deadlines

The AGO will align the procurement to the dates indicated in the table below.

https://procure.ohio.gov/bidders-and-suppliers/resources/01_selling+to+the+state https://procure.ohio.gov/bidders-and-suppliers/resources/Bidder+and+Supplier+Training/02_OB+training mailto:OBM.ContactCenter@obm.ohio.gov

Page 7 of 21 RFP# OPOTA-062024

No. Action Date

Firm Dates

1 RFP Released June 18, 2024

2 RFP Inquiry Deadline Date/Time June 25, 2024; 2:00 PM

3 RFP Response Deadline Date/Time July 8, 2024; 2:00 PM

Estimated Dates

4 AGO Review and Evaluation of Offeror Proposals July 2024

5 Offeror Interview (only if requested by the AGO) July 2024

6 Apparent Successful Offeror Notification July 2024

7 Contract Process and AGO Due Diligence August 2024

1.6. RFP Response Deadline and Submission

Offerors’ proposals in response to this RFP (each a “Proposal”) must be received by the AGO no later than the date indicated in the Procurement Schedule table above.

All responses must be submitted via Ohio Buys.

An individual authorized to bind the offeror to the provisions of the Proposal must sign, electronically or otherwise, the Proposal. Proposal responses must address all requirements of this RFP.

Any extension of the deadline date and time will be published by the AGO as a formal RFP amendment on the Ohio Buys website. The AGO may waive minor defects and/or request clarifications in the responses that do not materially deviate from the specifications or otherwise create an unfair competitive advantage. Any

Proposal, revision, or amendment to a Proposal received after the date and time specified, or improperly marked or submitted, may be disqualified. Additionally, once any Proposal is deemed late or incomplete by the AGO, it will not receive any additional consideration for award, and it will not be returned.

It is essential that offerors carefully review all elements in their Proposals. Once opened, Proposals cannot be altered in any way, except as expressly permitted by the processes of this RFP.

The AGO will not be liable for any costs incurred by an offeror in responding to this RFP, regardless of whether the AGO awards any contract(s) through this process, decides to cancel this RFP for any reason, or issues another RFP if it is deemed to be in the best interest of the AGO to do so.

The AGO is not responsible for the accuracy of any information regarding this RFP and any amendments obtained or inferred through a source different from the inquiry or other processes described in this RFP.

The AGO prohibits multiple Proposals from a single offeror. If an offeror submits multiple Proposals, all

Proposals from that offeror will be rejected.

Page 8 of 21 RFP# OPOTA-062024

The AGO may notify an offeror via e-mail or letter if the Proposal was rejected for being late, incomplete, or for any other reason.

SECTION 2.0 SCOPE

2.1. Overview

Through this RFP, the AGO seeks a vendor to provide staging and audio-visual equipment and services for the Attorney General’s Law Enforcement Training Symposium (LETS). The event is to be held beginning at

7:00 a.m. on Monday, September 30 through 5:00 p.m. on Tuesday, October 1, 2024, at Kalahari Resorts and Conventions, 7000 Kalahari Drive, Sandusky, Ohio 44870. The AGO expects access to the reliable technical expertise of the vendor and a comprehensive suite of audio-visual solutions and products to fulfill the needs of this annual event.

2.2. Scope of Work

This section contains the audio-visual equipment and staging service requirements of the AGO at the symposium. The selected contractor who provides for these events shall be responsible for ensuring that the event has, but is not limited to, all of the following production elements and services.

The selected contractor will need to work with both the AGO and Kalahari Resorts and Conventions through the full scope of the event timeline, including planning activities and event set-up through tear-down of the supplied audio-visual equipment and staging. All event coordination, including set-up and equipment delivery as well as the post-event tear-down activities must take place during the dates listed within this solicitation. If additional set-up and or tear-down dates are needed solely for the selected contractor to deliver or pick up equipment, those dates and the best estimate of times should be included in the proposal narrative.

2.2.1. Breakout Sessions

There will be up to nine (9) concurrent breakout sessions each day over the 2-day symposium. The breakout sessions occur in separate rooms and will be held in 2-hour tracks on both Monday and Tuesday from 10:00 a.m. to 12:00 p.m. and again from 2:00 p.m. to 4:00 p.m. after a daily break for lunch.

Each room where the breakout sessions occur requires the following equipment be provided, set-up, and ready to use at the beginning of each breakout session:

• Lavalier microphones

• LCD Data Projectors

• Screens

• Laptops with Power Point

• Desk top podiums

• Podium microphone stands

• Podium microphones

• Wireless handheld microphones

Page 9 of 21 RFP# OPOTA-062024

• Audio system/Speakers • Wireless power point remotes – with pointer

For each breakout session, the selected contractor must provide and ensure the following:

• Set-up is completed the day before the event on Sunday, September 29th and rehearsal time is scheduled on Sunday to test all equipment.

• All sound is monitored during the breakout sessions.

• All AV related equipment for breakout sessions including laptops, power point presentations, microphones, and audio is operational and properly managed.

• Safety guidelines and all venue policies are adhered to.

2.2.2. Ballroom Session

There will be one ballroom (capacity of 500) utilized each day for multiple activities, over the 2-day symposium.

The ballroom will be utilized on Monday for breakfast, networking and an opening ceremony from 7:00 a.m.

to 10:00 a.m. The ballroom will be used for lunch and keynote speakers on Monday from 12:00 p.m. to

2:00 p.m. An Awards Ceremony will be held in the ballroom on Monday evening from 5:00 p.m. to 8:00 p.m.

The ballroom will be utilized on Tuesday for breakfast and networking from 7:00 a.m. to 10:00 a.m. and again for lunch and keynote speakers from 12:00 p.m. to 2:00 p.m.

The ballroom sessions require the selected contractor to provide the following equipment, complete set-up of the equipment, and have the equipment ready to use at the beginning of each activity:

• Podium

• Podium microphone stand

• Podium microphone

• Wireless handheld microphone

• Laptop with Power Point

• Stage lighting (lighting equipment)

• Backdrop light for stage (scenic)

• Stage Risers 12’x32’x2’ (stage with steps)

• 2 large screens

• 1 projector

• Sound system/speakers

The following services are required during the ballroom sessions:

• Recording of the Opening Ceremony and Awards Banquet.

• Displaying power points and videos on big screen(s) as requested.

• Projection of what is taking place on the stage to the big screens.

Page 10 of 21 RFP# OPOTA-062024

For the ballroom session, the selected contractor must provide and ensure the following:

• Proper lighting for optimal stage viewing.

• All sound is monitored during the ceremony so that every guest feels as though they are in the front row.

• Music, slideshows, and videos prior to, during, and after the event are coordinated.

• Video production is set up in a manner that speakers are seen via the large screen(s).

• Set-up is completed the day before the event on Sunday, September 29th and rehearsal time is scheduled on Sunday to test all equipment.

• Safety guidelines and all venue policies are adhered to.

• All AV-related equipment for events taking place in the ballroom are operational and properly managed.

2.2.3 Preceding Day Session and Day of the Events

Preceding the symposium, on the afternoon of Sunday, September 29, 2024, OPOTA will host a career fair in the Kalahari exhibitor space. The selected contractor must provide and ensure the following:

• The exhibition space has an operational microphone.

During each day of the event, as part of the necessary staging, there is a need for a total of 25 easels for display purposes, in or near each of the breakout rooms, lobby spaces, hallways and foyers.

2.3. Audio-Visual Equipment and Venue Policies

Kalahari Resorts and Conventions can provide a wide selection of state-of-the-art audio-visual equipment.

Any equipment to be sourced from Kalahari should be identified well in advance of the event to ensure the availability of equipment and the proper setup of function spaces. Available equipment, rental rates, and additional charges can be found here.

Additionally, only Kalahari staff may connect any equipment to the house sound system. Labor charges may be incurred by the offeror for the Kalahari audio-visual technician’s assistance in making such connections, offerors should review the Kalahari Policy and Procedure Guide found here.

It is the responsibility of the offeror to ensure its equipment and services are compatible and comport to

Kalahari’s rules and specifications. The AGO strongly encourages Offerors to reach out to Kalahari in advance of submitting a Proposal to ensure they can comply with this section.

SECTION 3.0 RESPONSE PREPARATION INSTRUCTIONS

https://www.kalaharimeetings.com/ohio/meeting-planner-tools-resources/all-the-info/ https://www.kalaharimeetings.com/ohio/meeting-planner-tools-resources/all-the-info/

Page 11 of 21 RFP# OPOTA-062024

Response preparation instructions relative to form and manner are provided in the subsections below.

Offerors responding to this RFP understand and acknowledge that a response does not guarantee a contract with the AGO.

3.1. Response Submission Instructions

Offerors must provide information and responses within the Ohio Buys Technical and Financial

Questionnaires. All information in response to the RFP must be submitted no later than the time and date specified in this RFP.

When submitting any requested proposal files, offerors should note the following:

• All attachments should be in searchable PDF format, unless directed differently by this document.

o When directed, other file types may be attached but only the following file extensions will be allowed: .docx, .xlsx, .zip.

Promotional and marketing materials should not be included in this submission. These types of materials will not be considered in response scoring.

3.2. General Response Requirements

This subsection provides specific information and requirements that apply to the response overall.

“Contractor” and “Offeror” means the proposer who is qualified to submit a response under the terms of this

RFP.

3.2.1. Multiple or Alternate Responses

This RFP does not permit multiple responses from the same offeror.

3.2.2. Discrepancies

If an offeror believes that the requirements in these instructions contain an error, omission, a conflict internal to this RFP, or are otherwise unsound, the offeror should notify the AGO via the online inquiry process provided in this RFP, with supporting rationale. Failure to notify the AGO will irrevocably waive an offeror’s claim that substance hinges on an error, omission, a conflict internal to this RFP or unsound instructions brought after an offeror has submitted a response.

3.2.3. Restrictions on Communications

Formal communications, which include requests for clarification and/or information concerning this RFP, must be submitted to the AGO via the online inquiry process provided in this RFP and will be published and shared with all the prospective offerors.

3.2.4. News Releases

Page 12 of 21 RFP# OPOTA-062024

Offerors must make no news releases pertaining to the award of this RFP without prior approval by the AGO.

3.2.5. Discussions

The AGO reserves the right to select a Proposal to this RFP based on the Proposal as it was submitted, without discussions with any offeror.

SECTION 4.0 REQUIRED RFP RESPONSE CONTENT

A complete response to this RFP must include all requests described in this section.

4.1. Offeror General Information - Transmittal Letter

The Transmittal Letter must be in the form of a standard business letter and be signed by an individual authorized to legally bind the offeror. The Transmittal Letter must:

a) Identify the submitting organization’s legal name (to whom contract/payments will be made), address, and phone number (along with parent company name, if any).

b) Separately identify the name, title, phone number, and email address of the person authorized by the organization to contractually obligate the organization.

c) Separately identify the name, title, phone number and email address of the person authorized to negotiate a contract on behalf of the organization.

d) Separately identify the name, title, phone number, and email address of the person to be contacted for clarification of the RFP response.

e) Explicitly indicate acceptance of the Terms and Conditions in Section 3.0 of this RFP. If any exceptions, assumptions, or deviations are taken to the terms and conditions described in this RFP, each must contain sufficient amplification and justification to permit evaluation.

f) Identify what percentage of the work will be done by subcontractors.

g) Explicitly acknowledge receipt of any and all amendments to this RFP, if applicable.

h) Provide an acknowledgement that the response is valid for a minimum of 60 days from the due date.

i) Be signed by a person authorized to legally bind the organization.

4.2. Scored Narrative Responses

The offeror’s responses to the following requests will comprise the offeror’s official response to this RFP.

Responses must be submitted via the Ohio Buys Technical and Financial Questionnaires. Information prepared by the offeror and submitted with their proposal may be incorporated into a final contract.

Section A – Executive Summary

Provide an Executive Summary of the Statement of Work, as well as a detailed statement of work sufficient for inclusion in the contract. The Executive Summary must not contain any costs or pricing information.

Page 13 of 21 RFP# OPOTA-062024

Section B – Qualifications and Experience

The offeror must submit a brief narrative describing at least three (3) past projects and tasks which demonstrate expertise and experience which are related to the scope of work described in this RFP. If a subcontractor is planned, then this requirement is applicable as well. Offerors should note whether the work described will include a corresponding contact in the Offeror Reference section of the response.

Section C – Offeror References

Offerors must provide three (3) references for equivalent functional and performance capabilities that demonstrate the offeror’s ability to meet the requirements of this solicitation with proven experience. If a subcontractor is planned, then this requirement is applicable as well. These references must be in the

United States.

Be advised that the AGO may contact the offeror references to confirm the information provided. By submitting a Proposal, the offeror consents that the AGO may independently contact and inquire with other customers of the offeror, for the purpose of this evaluation. Offerors must have satisfactorily completed the qualifying work, as verified by their references, in order to receive evaluation points for this requirement.

Section D – Personnel

This section must include the experience of the staff to be assigned to perform this project. Include details of past projects of the staff you intend to assign to this project. The information provided must be sufficient and enable the AGO to determine the appropriateness and adequacy of staff experience, education, training and certifications as they relate to the project.

Section E – Statement of Work (SOW)

The offeror must submit a description of a general plan to provide the Scope of Work and its tasks and deliverables and executables found in Section 2.0 Specifications of this RFP. This section must contain the following:

• Detailed Statement of Work (SOW) sufficient for inclusion into a contract, addressing each sub-section in Section 2.0.

o The section should describe how you will design the scope of services for the AGO event, including information such as required site visits, meetings, advance work, etc.

o The section should include your general approach to managing the timeline leading up to the

AGO event. Include how you address and correct any problems.

The SOW must illustrate that the offeror understands and can perform the specific items outlined by Section

2.0 Specifications of this RFP.

Page 14 of 21 RFP# OPOTA-062024

In addition, attention must be given to the concepts below, with an explanation of how the offeror’s SOW solution addresses these needs in a predictable manner and how the selected offeror will perform all tasks and subtasks to provide for that solution:

• The AGO requires minimal disruption to internal and external users (such as employees, clients, special counsel, third party vendors, external system owners, etc.).

• The Contractor will have access to AGO staff and managers before and during the event. The offeror should openly communicate to the AGO any questions about roles and responsibilities between the contractor and AGO staff during LETS.

Section F – Exceptions, Assumptions, and Deviations

The offeror must submit a section identifying any exceptions, assumptions, or deviations to this RFP, including the RFP attachments. If there are none, state “NO EXCEPTIONS, ASSUMPTIONS or DEVIATIONS in the RFP RESPONSE” when completing this section of the response.

a) Any exceptions, assumptions, or deviations taken to the terms and conditions described in this RFP’s

Section 7 must be explained and must contain sufficient amplification and justification to permit evaluation.

b) If the offeror presents exceptions, assumptions and deviations, the offeror must reference the exact section, page, and sentence(s) of the RFP that corresponds to the exception, assumption, and deviation.

c) The listing of exceptions, assumptions, or deviations will not automatically cause a response to be deemed unacceptable.

d) A large number of exceptions, assumptions, or deviations or one or more significant exceptions, assumptions, or deviations not providing sufficient benefit to the AGO may result in rejection of the

RFP response as unacceptable. The interpretation of “large,” “significant” and “sufficient” is at the discretion of the AGO.

e) The AGO reserves the right to reject or accept any and all exceptions, assumptions, and deviations.

Section G – Cost Proposal

The total cost must be included in the offeror’s response. Offerors must provide cost information as described within the Ohio Buys Financial Questionnaire. Cost information must not include exceptions, additional terms and conditions, or assumptions.

The offeror must submit a firm fixed price for the Scope of Work related to Section 2.0. The cost section must include an itemized listing of all costs to accomplish the work proposed in the scope of work of this

RFP to ensure complete and successful implementation of the work needed.

The offeror’s total cost for the Project must be represented as the Not-To-Exceed Fixed Price.

SECTION 5.0 EVALUATION PROCESS

Page 15 of 21 RFP# OPOTA-062024

The AGO will evaluate responses utilizing a best-value methodology. The subsections below describe the criteria and steps the AGO will use to evaluate offeror responses. The AGO may award a contract to the offeror that provides the best value to the AGO, based on a combination of qualifications and price. The contract may not necessarily be awarded to the lowest price proposal. The AGO may also reject any Proposal that it believes is not in its best interest to accept, and the AGO may decide not to do business with any of the offerors responding to this RFP. Moreover, the AGO may decide to cancel this RFP for any reason, or issue another RFP, if it is in the best interest of the AGO to do so.

5.1. Evaluation Steps

This subsection provides an overview of the process that will be used to evaluate responses.

Step 1 – Response Preparation Compliance Review

Each response will be reviewed for compliance with the Response Preparation Instructions and the Required

RFP Response Content sections included in this RFP. This review also includes a accept/reject component for the following:

• Degree of compliance with the Terms and Conditions.

For example:

o In a failed response, the offeror rejects the AGO’s Terms and Conditions and substitutes its own language that is not acceptable to the AGO.

o In an acceptable response, the offeror accepts the AGO’s Terms and Conditions as is, and/or with minor non-substantive changes, and/or adds language that provides mutually beneficial terms and conditions, and/or provides changes that enhance the utility of the resulting contract (such as other arrangements that improve the contractor/client relationship or service involved).

Step 2 – Response Scoring

In this step, the AGO will score the responses that in step 1 have not been rejected or deemed unacceptable. The AGO will give higher scores to references of past projects that are most similar to this opportunity.

Scoring will be carried out across logical groups of criteria:

a) Scored Narrative Response: Qualifications, experience, and demonstrated capabilities related to the scope of work. Points will be assigned relative to an evaluation of the offeror’s expertise based on the responses provided.

Page 16 of 21 RFP# OPOTA-062024

Ability to fulfill the scope of work. Points will be assigned to an evaluation of the offeror’s method and ability to execute the scope of work by considering assigned personnel, proposed approach, and considering any exceptions, assumptions, and deviations.

b) Cost points, separate from the Scored Narrative Response, will be assigned relative to the lowest proposed cost.

The outcome of this step is a tabulation of awarded points to each offeror.

Step 3 – Offeror Interaction (if requested by AGO)

In this step, if requested by the AGO, the AGO interacts with offerors in discussions of the proposed work.

Step 4 – Negotiations and Best and Final Offer (BAFO) (if requested by AGO)

The AGO reserves the right to negotiate prices at any time if initiated by the AGO.

Additionally, the BAFO step provides the option for the AGO to request one or more offerors to adjust their scope and pricing to reflect any new information discovered during the AGO’s evaluation process. The outcome of this step, if applicable, is/are Best and Final Offer(s) from the offeror(s).

Step 5 – Identification of the Apparent Successful Offeror

In this step, the AGO will confirm mandatory submission requirements, determine the degree of compliance to the Terms and Conditions documented in Section 7, and tabulate, compile and verify all scores. Using a best-value perspective, the AGO will identify the apparent successful offeror.

Step 6 – Contract

In this step, the AGO and the apparent successful offeror will engage in contract negotiations. Contract negotiations may fail, and in this case the AGO would return to one of the prior steps. The outcome of this step may be a signed contract.

5.2. Scoring Criteria and Weights

In the technical evaluation phase, the AGO will score the merits of the Proposals based on the following requirements and the weights assigned to each requirement:

Scoring Category

RFP

Response

Section

Weight

Scoring

Does

Not

Meet

Meets Exceeds

Executive Summary A 5 0 5

Page 17 of 21 RFP# OPOTA-062024

Scoring Category

RFP

Response

Section

Weight

Scoring

Does

Not

Meet

Meets Exceeds

Qualifications and Experience B 20 0 5 9

Offeror References C 10 0 5 9

Personnel D 10 0 5 9

Statement of Work E 30 0 5 9

Exceptions, Assumptions, and Deviations F 5 0 5

Column headings are defined as follows:

• Scoring Category – The defined and specific areas to be addressed by the responses.

• RFP Response Section – The RFP response section for each scoring category from Section 4.2 of the

RFP.

• Weight multiplied by the Scoring Criteria (Does Not Meet, Meets, Exceeds) – The maximum scoring points to be given to each category by the AGO.

The outcome of the scoring of the technical proposals and the opening of the cost proposals is a tabulation of awarded points to each offeror.

The AGO will rate the Proposals based on the following criteria and respective weights.

Criteria Percentage

Technical Proposal 60%

Cost Proposal 40%

The offeror with the highest point total for the Scored Narrative Proposal will receive 600 points. The remaining offerors will receive a percentage of the maximum points available based upon the following formulas:

• Scored Narrative Proposal Points = (Offeror’s Scored Narrative Proposal Points / Highest Number of

Scored Narrative Proposal Points Obtained) x 600

The offeror with the lowest proposed Not-To-Exceed Fixed Price will receive 400 points. The remaining offerors will receive a percentage of the maximum cost points available based upon the following formula:

• Cost Summary Points = (Lowest Not-To-Exceed Fixed Price/Offeror’s Not-To-Exceed Fixed Price) x

Page 18 of 21 RFP# OPOTA-062024

Total Points Score: The total points score is calculated using the following formula:

• Total Points = Scored Narrative Proposal Points + Cost Summary Points

SECTION 6.0 ATTACHMENTS AND EXHIBITS TO RFP

The Attachments and Exhibits listed below are found on the same Ohio Buys website as this RFP, as stand-alone documents.

Attachment A –Sample Contract. This attachment is a sample of the contract the AGO and the selected contractor will execute as described in Step 6 of the Evaluation Process.

SECTION 7.0 GENERAL TERMS AND CONDITIONS

In addition to Attachment A, this section enumerates and defines terms and conditions that apply to this

RFP, and to any ensuing contractual relationship that the AGO may enter into with an offeror.

7.1. Budget and Payment

In consideration of the selected contractor's promises and satisfactory performance of the scope of work, the AGO will pay the selected contractor the amount(s) expended in the effort in response to this RFP (the

“Fee”) and as negotiated. In no event will payments under the resulting contract exceed the “not-to-exceed” amount provided in the response to this RFP. The selected contractor's right to the Fee is contingent on the successful completion and satisfactory performance of the scope of work as set forth in the resulting contract or, in the case of milestone payments or periodic payments of an hourly, daily, weekly, monthly, or annual rate, all relevant parts of the scope of work tied to the applicable milestone or period. Payment of the Fee is also contingent on the selected contractor delivering a proper invoice and any other documents the contract requires. An invoice must comply with Ohio law and the AGO's policies regarding invoices and their submission. The AGO will notify the selected contractor in writing within 30 business days after it receives an invoice of any defect and provide the information necessary to correct the defect.

7.2. Requirements Specific to the State of Ohio

Unless the contract is terminated or expires without renewal, the resulting contract will remain in effect until the completion of the Scope of Work in Section 4.2 of this RFP or June 30, 2025, whichever occurs first. The

AGO may, at any time, suspend or terminate the resulting contract with or without cause by giving written notice to the selected contractor.

The terms of the contract may not be changed for any reason without a written amendment signed by both parties.

7.2.1 Fiscal Biennium

Page 19 of 21 RFP# OPOTA-062024

The current Ohio General Assembly cannot commit a future Ohio General Assembly to expenditure.

Therefore, the resulting contract will automatically expire at the end of each fiscal biennium (June 30th of every odd year). Termination or expiration of a contract will not limit the selected contractor’s continuing obligations with respect to Deliverables that the AGO paid for before termination or limit the AGO’s rights in any way.

7.2.2. Reimbursable Expenses

The AGO will only pay for Deliverables as specified in the resulting contract.

The selected contractor must assume all other expenses, including travel, that it incurs in the performance of the resulting contract that are not specifically identified in the contract. If there are any amendments to the original contract during the project lifecycle to include reimbursable expenses, then those reimbursable expenses will be in accordance with Ohio Revised Code Section 126.31.

7.2.3. Public Record Information

The AGO is subject to the requirements of the Ohio Public Records Law, Ohio Revised Code Section 149.43.

Accordingly, all offerors must understand that information and other materials submitted in response to this

RFP or in connection with any contract resulting from this RFP, may be subject to disclosure as a public record, except to the extent the materials are protected from disclosure by applicable state and/or federal laws.

By submitting a response to this RFP, the offeror agrees that if, after a request for disclosure of the RFP response, litigation is brought attempting to compel production of the material or to protect the materials from production, the offeror must be solely responsible, at its sole cost, for any defense, and for establishing the basis for non-disclosure of the information. If an appropriate tribunal determines that the information must be disclosed or fails to protect the information from disclosure, the AGO will release the material and the offeror must indemnify and hold the AGO harmless and immune from any and all claims for injury or damages arising out of the litigation including, but not limited to, attorneys’ fees.

7.2.4. Trade Secret Information

All offerors are strongly discouraged from including in a response any information that the offeror considers to be a trade secret, as that term is defined in Section 1333.61(D) of the Ohio Revised Code. All information submitted in response to this RFP is public information once the selection process has concluded, unless a statutory exception exists that exempts it from public release. However, if any information in the response is to be treated as a trade secret, the offeror must:

a) Clearly identify each and every occurrence of the trade secret information within the response with an asterisk before and after each line containing trade secret information and underline the trade secret information itself. General language in the footer of the response, such as “this document contains confidential proprietary information and may not be disclosed,” is not an acceptable identification of trade secret information and will not be honored by the AGO.

Page 20 of 21 RFP# OPOTA-062024

b) Include a separate page that lists each page in the response that includes trade secret information and the number of occurrences of trade secret information on that page).

To determine what qualifies as trade secret information, refer to the definition of trade secret as set forth in

Ohio Revised Code Section 1333.61(D), which is reproduced here for reference:

“Trade Secret” means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers, that satisfies both of the following:

1. It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

7.2.5. Governing Law

This RFP and any contracts resulting from this RFP are governed, construed, and interpreted in accordance with the laws of the State of Ohio and only Ohio courts have jurisdiction over any action or proceeding concerning a resulting agreement and/or performance thereunder. The selected contractor consents to jurisdiction in a court of proper jurisdiction in Franklin County, Ohio.

7.2.6. Warranties and Certifications with Respect to this RFP

By submitting a proposal, the offeror warrants and certifies that it:

a) Is eligible for award of a contract by the AGO, pursuant to Ohio Revised Code Sections 9.24, 125.11, 125.25, and 3517.13.

b) Has read the RFP, understands it, and agrees to be bound by its requirements.

c) If awarded a contract arising out of this RFP, the selected contractor must negotiate such contract in good faith, which must be in a form provided by the AGO.

d) Has not included any legal terms or conditions for the contract in its response to this RFP.

e) Has familiarized itself with the ethics statutes governing state employees and appointees, including those concerning employment of former government employees, gifts, and lobbying.

f) Will not allow any subcontractor or any person acting on behalf of the contractor or a subcontractor, discriminate, by reason of race, color, religion, sex, sexual orientation, age, genetic information, disability, military status, national origin, or ancestry, against any citizen of this state in the employment of any person qualified and available to perform the work under any contract resulting from this RFP.

7.3. Liability

Page 21 of 21 RFP# OPOTA-062024

The selected contractor agrees to indemnify and hold harmless and immune the AGO and the State of Ohio from any and all claims for injury or damages arising from the resulting contract which are attributable to the selected contractor’s own actions or omissions or those of its trustees, officers, employees, subcontractors, suppliers, third party agents or joint ventures while acting under the contract. Such claims 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.

The selected contractor must bear all costs associated with defending the AGO and the State of Ohio against any such claims.

In no event shall either party be liable to the other party for indirect, consequential, incidental, special or punitive damages, or lost profits.

7.4. Subcontractors

Offerors must identify any subcontractors that will be used in the performance of the scope of work in their

Proposal. Additionally, the selected contractor shall bind its subcontractors to the terms of the resulting contract, so far as applicable to the work of the subcontractor and shall not agree to any provision which seeks to bind the AGO to terms inconsistent with, or at variance from, the resulting contract.

The selected contractor shall be fully responsible for all acts and omissions of its subcontractors, including any default by a subcontractor, just as if the selected contractor itself had defaulted. The selected contractor assumes responsibility for all deliverables and milestones in the scope of work whether it, a subcontractor, or third-party produces them in whole or in part. The selected contractor shall be solely responsible for the payment of any subcontractor.