DCY-C-2627-0044Q OHBaby Kits

STATE OF OHIO

DEPARTMENT OF CHILDREN AND YOUTH

REQUEST FOR QUALIFICATIONS

RFQ NUMBER: DCY-C-2627-0044Q

The Department of Children and Youth (DCY), is issuing the following Request for Qualifications (RFQ):

OHBaby Kits RFQ

Proposals received after the due date and time will not be evaluated.

Section 1 - Overview

A. Definitions in this RFQ

The following definitions apply to the RFQ and Contract.

Agency or DCY: Ohio Department of Children and Youth.

Contract: The contract resulting from this RFQ.

Contractor: The selected Offeror.

DAS: Ohio Department of Administrative Services.

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

Offeror: An offeror submitting a Proposal in response to this RFQ.

Proposal: Documents submitted by Offerors in response to this RFQ.

State: State of Ohio.

Work: The scope of work described in this RFQ.

B. Term of Contract

Once awarded, the term of the Contract will be as set forth in Part 6, Draft Contract. The State may solely renew this Contract at its discretion for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the State as set forth in Part 6. Each renewal is subject to and contingent upon the discretionary decision of the Ohio General Assembly to appropriate funds for this Contract in each new biennium. The State may renew all or part of this Contract subject to the satisfactory performance of the Contractor and the needs of the Agency.

C. Purpose and Background

The purpose of this RFQ is to solicit proposals on behalf of Help Me Grow for the creation, distribution, and storage of OHBaby Kits (Kits). These Kits will be supplied to Help Me Grow Home Visiting (HMGHV) programs across the State of Ohio, including newborn programs such as Family Connects Ohio (FCO) or its successor, as well as ongoing Home Visiting (HV) providers. Packed with resources for new and expecting parents, each Kit includes tools, information, and materials to welcome the newest member of the family. Families enrolled in any of DCY’s HV models will receive a Kit during their first home visit.

The Contractor will be responsible for the creation, storage, and distribution, of the Kits. All Kits must be ready for shipment by January 1, 2026, to ensure no delays in the rollout period, which begins on January 12, 2026, when all newborn and ongoing HV providers will receive newly branded items. The Contractor must have a secure location to store up to 20,000 Kits and demonstrate the capacity to fulfill additional orders upon request by DCY.

HMGHV is a voluntary family support program for pregnant women and new parents. Offered in every County across the State through a well-established network, HMGHV is an evidence-based program that promotes healthy growth and development for babies and young children, and empowers parents with the skills, tools, and confidence to nurture their children's healthy development. Parenting education and child development resources—such as those found in the Kits—help families make the most of this critical period of early development, providing a strong foundation for lifelong success.

Section 2 – Evaluation Process and Evaluation Metrics

A. Evaluation of Proposals Generally

To maintain fairness in the evaluation process, the State will obtain all information sought in a manner that no Offeror is provided an unfair competitive advantage.

B. Mandatory Requirements Evaluation

The Offeror must demonstrate that it meets all of the Mandatory Requirements listed in the Mandatory Requirements table. A Proposal meeting all of the Mandatory Requirements may be included in the next part of the evaluation phase as described herein.

The State will evaluate the Mandatory Requirements to determine whether the Proposal meets all of the Mandatory Requirements. If the information Proposal does not clearly meet every Mandatory Requirement, the Proposal may be disqualified without further evaluation.

Mandatory Requirements must be met by the Offeror, itself. The Offeror’s subcontractors will not be accepted.

1. Mandatory Requirements

The table below lists this RFQ’s Mandatory Requirements. A Proposal meeting the Mandatory Requirements may be included in the next phase of the evaluation process.

MANDATORY REQUIREMENTS

Mandatory Requirements	Accept	Reject
1. Offeror has capacity to securely store up to 20,000 Kits.
1. Offeror has at least three years of experience in conducting printing, packing and shipping operations.

C. Work Plan Evaluation

1. Work Plan Scoring

The Scoring Scale table below will be used to rate each Proposal on the technical metrics listed in the Work Plan Evaluation table, also below. 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 Offeror 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 Offeror would fail to satisfy the requirement(s).
3	Acceptable	• Response demonstrates an approach that offers an acceptable solution or level of quality. • Response contains strengths that are balanced by the weaknesses. Weaknesses are minor and can be corrected. • There is some probability of risk that the Offeror may fail to satisfy some of the requirement(s).
2	Weak	• Response demonstrates an approach that inadequately addresses the requirements and/or objectives. • Response contains weaknesses that are not offset by strengths. There are significant weaknesses and very few strengths. • There are questions about the likelihood of success and there is a risk that the Offeror may fail to satisfy the requirement(s).
1	Poor	• Response demonstrates an approach that does not meet the stated requirements and/or objectives, 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 Offeror would fail to satisfy the requirement(s).
0	Completely Deficient	• Response is missing necessary information to demonstrate that the Offeror can perform. • Response is devoid of strengths. • Response has an unacceptable level of risk that the Offeror will fail to satisfy the requirement(s).

WORK PLAN EVALUATION

Metric	Weight	Rating (0-5)	Raw Score
Offeror Profile
1. The Offeror must describe its organizational history, experience and staffing levels with large-scale print, packaging, or distribution projects.	5
1. The Offeror must demonstrate its capacity to manage procurement of Kits, storage, and shipping of up to 20,000 Kits.	4
Work Plan Narrative
1. The Offeror must describe its plan to develop, package, and store Kits in compliance with DCY branding and content requirements.	4
1. The Offeror must describe its approach for timely fulfillment of kit orders, including inventory management and shipping within required timeframes.	3
1. The Offeror must describe its ability to update or revise kit materials.	3

The Offeror, with the highest raw score for the Work Plan, will receive 300 points. The remaining Offerors that are not otherwise disqualified will receive a percentage of the maximum points available based upon the following formula:

Work Plan Score = (Offeror’s Work Plan points / highest Work Plan points) x 300

D. Cost Evaluation

Before review of the Work Plans or at any time during the evaluation process, the State may review the cost proposals to determine whether any Proposals should be rejected because of excessive cost. After evaluating the Work Plans, or after any interviews, presentations, and demonstrations have occurred, the State may consider the costs of one or more of the higher-ranking Proposals.

1. Cost Proposal Scoring

The Offeror with the lowest proposed cost will receive 100 points. The remaining Offerors will receive a percentage of the maximum cost points available based upon the following formula:

Cost Score = (lowest proposed cost / Offeror’s proposed cost) x 100

E. Determination of Responsibility

The State will review the highest-ranking Offeror and proposed subcontractors to ensure that the Offeror is responsible prior to Contract award. The State may reject any Proposal if an Offeror or a subcontractor is determined not to be responsible. The State’s determination of an Offeror’s responsibility may include the following factors: (i) experience, (ii) financial condition, (iii) facilities, (iv) past conduct and performance on previous contracts, (v) ability to execute the Contract properly, (vi) management skills, and (vii) information security assurances. The State will make such determination of responsibility based on the Proposal, reference evaluations, and any other information the State requests or determines is relevant.

F. Waiver of Defects

The State may waive any defects in any Proposal or errors in the submission process by an Offeror, but the State will only do so when it is in the State's interest and will not cause any material unfairness to another Offeror.

G. Clarifications, Corrections, and Changes

During the evaluation process, the State maintains discretion to request clarifications from any Offeror or give any Offeror the opportunity to correct defects in its Proposal if doing so would not result in an unfair advantage for any Offeror. The State may reject any clarification that is non-responsive or broader in scope than what the State requested. If the State rejects the clarification, or if the Offeror fails to respond to the request for clarification, the State may request additional clarification, consider the Proposal without the clarification, or disqualify the Proposal.

After the Proposal due date, the State may change the requirements or terms and conditions of this RFQ and request updated Proposals from those Offerors whose Proposals are under active consideration. In such cases, the State will permit Offerors to withdraw their Proposals if they are unable to meet the changed requirements or terms and conditions.

H. Final Scoring

The Offeror with the highest total score will be recommended for the next phase of the evaluation process.

Technical Score + Cost Score = Total Score

1. Preferences

The State will apply all preferences pursuant to Ohio Administrative Code 123:5-1-06.

Following the initial evaluation and scoring, all Proposals will be considered for preferences. Preferences will be calculated at a rate of five percent (5%) for the first preference and two percent (2%) each for the second and third preferences. The preferences shall be combined and applied as a total percentage of the original Proposal to determine the score for evaluation purposes.

Preferences will only be applied if there is at least one Offeror that does not qualify for that particular preference. For purposes of qualifying for a preference, an Offeror failing to complete the certification for each preference will be deemed as not qualifying for that preference.

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

(b) For the Buy Ohio preference, if any Offeror is a Buy Ohio Offeror claiming the preference, the State will add the applicable percentage of the total available points to each Buy Ohio Offeror’s total score.

(c) If claiming the preferences in (a) and (b) based on the product(s) offered, an Offeror is only eligible to receive the preference if the cost of the product(s) offered exceeds 50% of the total offered cost for products and services. A Buy Ohio Offeror is also eligible to receive the Buy Ohio preference based on its significant economic presence in Ohio or a border state.

(d) For the Veteran-Friendly Business preference, the State will add the applicable percentage of the total available points to any certified veteran-friendly business Offeror’s total score.

Section 3 – Instructions to Offeror

A. Introduction to General Instructions

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

B. Inquiries

Offerors may not contact the State directly at any time during the solicitation process, however Offerors may make inquiries regarding this RFQ any time during the inquiry period listed in OhioBuys.

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.

The State will attempt to respond to all inquiries within three business days of receipt, excluding State holidays. The State will not respond to any inquiries received after 8:00 a.m. on the inquiry end date listed in OhioBuys. The State will use its discretion in deciding whether to provide responses as part of this RFQ process. Responses to inquiries are not considered changes to the RFQ.

C. Restrictions on Communication

Other than the communication options described in this RFQ, Offerors must not make unsolicited contact with any elected official or office of the State, any staff member of DAS or the Agency, or any agent or representative of DAS or the Agency, regarding this RFQ. Offerors must not represent themselves to anyone as having the endorsement of the Agency or the State, nor as the Agency’s next supplier of the Work. For contractors currently doing business with the Agency, any communication regarding this RFQ is prohibited except as provided for in this RFQ. Any such unauthorized contact may result in an Offeror being disqualified from further consideration under this RFQ. The State will not discuss the particulars of this RFQ process with external parties.

D. Proposal Format

Technical Proposal: The Offeror’s technical proposal must be submitted in Microsoft Word®, if possible (certain forms may be submitted as PDFs), through OhioBuys and as instructed in the technical questionnaire in OhioBuys. The technical proposal shall consist of all questionnaire responses and documents submitted in response to this RFP excluding the cost proposal. All technical proposal documents must be submitted in the order listed below.

Cost Proposal: The Offeror’s cost proposal must be submitted through OhioBuys as instructed in the cost questionnaire in OhioBuys. The cost proposal shall consist of a separate cost section as described below and in the required format.

E. Proposal Submittal

Each Offeror must submit a Work Plan and a cost proposal as separate sections of its Proposal before the Proposal due date and time and pursuant to the instructions in this section. Proposals, including all components of the Proposals, must not be password protected, or the State may reject any such Proposals.

Offerors must submit their Proposals electronically in OhioBuys before the noted time on the Proposal due date. Paper submissions will be destroyed and will not be considered. OhioBuys will not allow submission or modification to a submission after the deadline. An Offeror submitting an electronic Proposal must allow for adequate time for uploading a Proposal prior to the due date and time. Technical difficulties experienced by the Offeror will not be an exception.

Each Offeror must carefully review the requirements of this RFQ and the contents of its Proposal. Once opened, Proposals cannot be altered or withdrawn, except as allowed by this RFQ.

The State may reject any Proposal if the Offeror takes exception to the terms and conditions of this RFQ, includes unacceptable assumptions or conditions in its Proposal, fails to comply with the procedure for participating in the RFQ process, or fails to meet any requirement of this RFQ. The State also may reject any Proposal it believes is not in its interest to accept, cancel this RFQ, or decide not to award a Contract to any or all of the Offerors responding to this RFQ.

All Proposals and other material that Offerors submit will become the property of the State and may be returned only at the State's option. All Proposals will be open to the public after the State has awarded the Contract. The State will retain all Proposals, or a copy of them, as part of the Contract file for at least six years. After the six-year retention period, the State may dispose of the Proposals and any copies of them.

The State is not responsible for any costs an Offeror incurs in responding to this RFQ or from participating in the evaluation process or negotiations process (if any), regardless of whether the State awards the Contract through this process, decides not to go forward with the Contract award, cancels this RFQ for any reason, or contracts for the Work through some other process or through another RFQ.

D. Rejection of Proposals Generally

The State may reject any Proposal for the reasons listed in this RFQ, that fails to comply with the procedure for participating in the RFQ process, that fails to meet the RFQ requirements, or that is not in the State’s interest to consider or to accept. In addition, the State may cancel this RFQ, reject all Proposals, and seek to do the Work through a new RFQ or by other means.

E. Proprietary Information

As set forth in Ohio Administrative Code 123:5-1-07 and 123:5-1-08, if an Offeror includes in its Proposal information it considers exempt from disclosure in a public records request, it must submit a redacted version of any document containing such information, as further described in this paragraph.  Offerors must only redact (black out) the specific language that is exempt from disclosure pursuant to the Ohio Public Records Act.  Examples of actions that are not acceptable for the protection of information in a Proposal include: (a) redaction of sections in their entirety simply because they may contain some information exempt from disclosure pursuant to the Ohio Public Records Act; (b) inclusion of a blanket confidentiality or copyright notice anywhere in the Proposal; and (c) redaction of the cost proposal in its entirety.  Prices, makes, models, catalog numbers of the items offered, deliveries, and terms of payment will be available for public inspection regardless of any designation to the contrary.

In addition to the redacted document(s), Offerors must submit a list of each redaction, using the Offeror Redaction Justification Form (Form 5d) in Part 5, with a detailed legal explanation for each redaction to demonstrate that the redacted information is protected under the Ohio Public Records Act.  A blanket statement that all redactions are exempt from disclosure pursuant to the Ohio Public Records Act and/or the Uniform Trade Secrets Act is not a sufficient explanation.  The redacted version(s) must be submitted as an electronic copy in a searchable PDF format.  The redacted version(s) and accompanying explanation, as submitted, will be available for inspection and released in response to public records requests.

By submitting a redacted Proposal, the Offeror agrees to indemnify the State, DAS, and the Agency for any court costs, statutory damages, attorney fees, or other award issued against the State, DAS, or the Agency for any violation of the Ohio Public Records Act resulting from the State, DAS, or the Agency providing the Offeror’s redacted version of its Proposal in response to a public records request.

By not submitting a redacted version of the Proposal with accompanying explanation, an Offeror consents to the release of the original Proposal submission in response to a public records request. If redacted version(s) with the accompanying explanation are not submitted, or if an improperly redacted version or insufficient explanation is submitted, the State will advise the Offeror in writing what portions of the Proposal are subject to disclosure in response to public records requests.

F. Proposal Components

1. Work Plan. The specifics of the Work Plan must include sufficient detail for the State to understand the Offeror’s knowledge and approach to the following: managing the Work; documenting planning decisions; facilitating communication among stakeholders; defining key management review as to content, scope, and schedule; and providing a baseline for progress measurement and Work control.

At a minimum, the Work Plan must include the following:

a. A description of the project management approach; and

b. A high-level overview of the following subsidiary project management plans:

If applicable to the Work, the Offeror must identify all proposed equipment needed for the Work during the installation, customization (as applicable), implementation, and ongoing operations phases. The Proposal must include the proposed manufacturer's name and model for all equipment. Additionally, the Offeror must identify any equipment that the State will require for the implementation and ongoing operation of the Work that is not otherwise specified in this RFQ.

Additionally, in the Work Plan, the Offeror should address potential and known risks, and proposed risk mitigation strategies.

2. Cost Proposal components

a. Cost Proposal Form. The Offeror’s total cost for the Work must include all one-time and ongoing costs and be represented as a firm fixed price OR not-to-exceed cost.

Contractor will be paid according to the fee structure within the Cost Proposal Form.

The Offeror must ensure its cost proposal is submitted separately from the Work Plan as indicated in the Proposal Submittal paragraph above. Cost information must not be included in the Work Plan.

The Offeror may not modify or reformat the Cost Proposal Form. The Offeror must complete the required portions of the Cost Proposal Form. Additionally, all portions of the Cost Proposal Form must be completed in the exact format provided. The Offeror must not include exceptions, additional terms and conditions, or assumptions in the submitted Cost Proposal Form. The State may reject any Proposal with a modified or reformatted Cost Proposal Form; a Cost Proposal Form that is not separately submitted; or a Cost Proposal Form that includes exceptions, additional terms and conditions, or assumptions.

The State will not be liable for any costs the Offeror does not identify in its cost proposal. There will be no additional reimbursement for travel or other related expenses.

b. Preference Certification Form (Form 5c). Offerors claiming preference for Domestic Source End Products, the Ohio (Buy Ohio) preference, and/or Veteran Friendly Business Enterprise (VBE) must complete the Preference Certification Form.

3. Offeror Redaction Justification Form (Form 5d). The Offeror must complete the Offeror Redaction Justification Form pursuant to the instructions above, Proprietary Information, and Form 5d if the Offeror includes in its Proposal information it considers exempt from disclosure in a public records request.

4. Acceptance of Terms and Conditions. The Offeror must include the entire content of Parts 2 and 3 as a single section in its Proposal. The Offeror must include a statement at the beginning of this section indicating that the Offeror has read, understands, and agrees to all of the terms and conditions contained in Parts 2 and 3.

5. Pre-Existing Materials. If applicable, the Offeror must list any Pre-Existing Materials (defined in Part 2 that will be included in a Deliverable in Form 5e in Part 5. The State may reject any Proposal that includes Pre-Existing Materials for a custom solution if the State believes that such is not appropriate or desirable for the Work.

6. Commercial Material. If applicable, the Offeror must list any Commercial Material (defined in Part 2, including Commercial Software (defined in Part 2), that the Offeror will deliver in which the State will have less than full ownership in Form 5e in Part 5. Generally, these will be from third parties. The Offeror need not list patented parts of equipment.

The Offeror must attach the applicable license agreement(s) for all Commercial Material for the State to review. However, the State may require the Offeror or third party to enter into the State’s Master Contract for Software Licensing.

CONTRACT

Part 1 – Scope of Work

1. Production and Storage.

a. The Contractor must create an operation plan with digital copies of materials going into the Kits for DCY review and approval.

b. The Contractor must create, assemble and store materials for the Kits. The materials must comply with the State of Ohio and DCY Help Me Grow branding guidelines.

i. The Contractor must create content for the Kits that ensures all medical guidance and information is current and appropriate.

1. The Contractor must be able to produce additional quantities of Kits as needed by DCY.

2. The Contractor must be able to change or update materials for Kits, when necessary, as requested by DCY.

ii. The Contractor must assemble the Kits using uniform packaging.

iii. The Contractor must develop, print, compile, package, and store and initial order of 20,000 Kits at a secure location. Contractor’s location must be approved by DCY. Examples of previously used materials are attached as Exhibit 2.

iv. The Contractor must maintain a supply of Kits available for reorder by DCY. DCY will place orders directly with the Contractor.

v. Ongoing inventory notices must be reported to DCY.

1. The Contractor must notify DCY when the inventory of Kits reaches a minimum threshold of 2,000 Kits.

2. The Contractor must notify DCY of the quantity in storage and obtain approval from DCY before producing additional Kits.

c. Kit Content.

The Contractor must refer to the information below as a point of reference for recommended materials to include in the Kits. Each printed material must use a medium of either heavy paper or cardstock. Materials requiring a specific medium will have the medium type noted. All materials must be printed in color. The Contractor must obtain approval for materials to be created for the Kits prior to printing. A sample Kit will also be supplied by DCY.

i. Each Kit must include the following (See Exhibit 2):

1. “Introduction to the OH Baby Kit” and Kit contents list (must use cardstock);

2. Nutrition card to include guidance about food allergies;

3. “You’re a Dad!” Brochure or pamphlet;

4. Emergency magnet with spots to write in additional phone numbers;

5. Flyer and/or brochure on breastfeeding, to include information about Ohio Department of Health’s 24/7 Breastfeeding Support Hotline ;

6. Immunization schedule;

7. Smoking cessation brochure or pamphlet;

8. “Safe Sleep” flyer;

9. Children’s book for parents to read to the child or infant;

10. Dolly Parton’s Imagination Library bookmark (must use cardstock);

11. Help Me Grow developmental wheel (must use cardstock); and

12. “Health Record” booklet (must use cardstock).

ii. Templates for the following items are supplied by DCY and/or online.

1. “Community Resource Directory” brochure measuring 8.5” x 11’ Directories Flyer 08212025.pdf ;

2. “Sparkler Play for Parenting App” rack card measuring 3.5” x 8.5” Sparkler Play PDF ;

3. “Ages and Stages Questionnaire” brochure measuring 8.5” x 11” Ages Questionnaire PDF ; and

4. “Early Intervention” brochure measuring 11” x 8.5” in landscape format. Early Intervention PDF .

2. Order Fulfillment and Shipment.

a. The Contractor must fulfill and ship in multiple quantities over the course of the Fiscal year as demand of Kits by newborn and ongoing HV providers fluctuates.

b. Contractor must be able to fulfill the initial order of 20,000 Kits for distribution to all applicable HV providers by January 12, 2026.

i. The Contractor must collaborate with DCY to identify HV providers, determine shipping details, and establish the quantity needed per provider.

c. The Contractor must ship the Kits.

1. Contractors must ship Kits to both DCY identified newborn providers (FCO, or its successor) and ongoing HV providers (Healthy Families America, Parents as Teachers, Nurse-Family Partnerships, or their successors) throughout Ohio.

a. Items must be shipped within five business days of order placement.

b. The Contractor must notify DCY if orders cannot be fulfilled within the specified timeframe.

c. Shipping must be trackable, and delivery records must be maintained. Tracking must be provided to DCY.

3. Deliverables

a. Production:

i. The Contractor must develop, print, assemble 20,000 Kits using uniform packaging.

Due: January 12, 2026

b. Storage:

i. The Contractor must have a secure Storage Location, subject to DCY's approval.

Due: January 1, 2025

c. Inventory:

i. The Contractor must report ongoing inventory notices, including quantities, and notify DCY when Kit inventory reaches the minimum threshold of 2,000 units.

Due: 15th of each month and when quantity reaches 2000.

Part 2 – Contract-Specific Terms and Conditions

A. Contract Construction and Compensation

1. Terminology

For purposes of this Contract, any references to “Offeror” in the documents that make up this Contract will mean “Contractor” as of the effective date of this Contract.

2. Compensation

In consideration of the Contractor's promises and satisfactory performance, the State will pay the Contractor the amount(s) identified in the Contract (the Fee), plus any other expenses identified as reimbursable in the Contract. In no event will payments under this Contract exceed the “not-to-exceed” amount in the Contract without the prior, written approval of the State and, when required, the Ohio Controlling Board and any other source of funding. The Contractor's right to the Fee is contingent upon the complete and satisfactory performance of the Work or, in the case of milestone payments or periodic payments of an hourly, daily, weekly, monthly, or annual rate, all relevant parts of the Work tied to the applicable milestone or period. Payment of the Fee is also contingent on the Contractor delivering a proper invoice and any other documents required by the Contract.

B. Ownership of Deliverables

1. License in Commercial Material

Commercial Material means anything that has been developed at private expense by the Offeror or a third party, commercially available in the marketplace, subject to intellectual property rights, and readily copied through duplication on magnetic media, paper, or other media. Examples of Commercial Material include written reports, books, pictures, videos, movies, computer programs, software, and computer source code and documentation. Commercial Material includes Commercial Software (defined below).

Use of any Commercial Material will be governed by the applicable license terms negotiated and accepted by the State. In addition to the license agreement(s) provided in Contractor’s Proposal (as negotiated and accepted by the State), if any Commercial Material is added to the Work after Contract award, Contractor must disclose the applicable license agreement(s) or other terms for any additional Commercial Material and assist the State as needed in any negotiation of the license agreement(s) or other terms.

In addition to the license or other terms applicable to the Commercial Material and except for Commercial Material that is software (“Commercial Software” as defined in the next section):

a. If the Commercial Material is copyrighted and published, the State will have the rights permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor;

b. If the Commercial Material is patented, the State will have the rights permitted under the Federal patent laws for each copy of the Commercial Material delivered to it by the Contractor; and

c. If the Commercial Material consists of trade secrets, the State will have the same rights and duties permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor, whether or not the material is copyrighted when delivered to the State, and the State will treat the Commercial Material as confidential. In this regard, the State will assume all obligations with respect to the Commercial Material that the Contractor assumes under the Confidentiality section of this Contract with respect to State Confidential Information.

C. Warranties, Maintenance, and Additional Insurance

1. Additional Insurance

.

In addition to the insurance requirements in Part 3 – Standard Terms and Conditions, the Contractor shall also procure and maintain for the duration of the Contract, the insurance coverage set forth below.

a. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession. Coverage must be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Contract and must cover all applicable Contractor personnel or subcontractors who perform professional services related to this Contract.

Part 3 – Standard Terms and Conditions

The Standard Terms and Conditions applicable to this Contract are found at the following link:

https://procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

Part 4 – Cost Proposal

The Cost Proposal Form, OHBaby Kits Cost Proposal.xls, as fully negotiated and mutually agreed upon between the parties, is incorporated into this Contract by reference as if fully rewritten herein.

Part 5 – Required Forms

This part includes the forms described in Section 2.H. above and includes the following forms:

• Form 5a – Independent Contractor Acknowledgement Form

• Form 5b – Affirmation and Disclosure Form

• Form 5c – Preference Certification Form

• Form 5d – Offeror Redaction Justification Form

• Form 5e – Mandatory Requirements Form

FORM 5a

INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT FORM

The current version of the Independent Contractor Acknowledgement Form is available at: https://www.opers.org/forms-archive/PEDACKN-Non-Member-Acknowledgment.pdf .

FORM 5b

AFFIRMATION AND DISCLOSURE FORM

The current version of the Affirmation and Disclosure Form is available at:

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Affirmation_and_Disclosure_Form_5-20-24_fillable_form.pdf

FORM 5c

PREFERENCE CERTIFICATION FORM

The current version of the Preference Certification Form is available at:

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/pdf/StateLocalAgencies/Resources_Forms/Preference%20Certification%20Statements%207.23.pdf

FORM 5d

OFFEROR REDACTION JUSTIFICATION FORM

An Offeror must use this chart to describe each proposed redaction. If the State takes issue with any proposed redaction, the State will contact the Offeror for clarification or revision. The Offeror may withdraw its Proposal at any time prior to the award of the Contract.
Document Title and Page Number	Legal basis for each redaction and summary of specific facts supporting the legal basis for each redaction.

Offeror Guidance for Proposal Redactions

The Ohio Public Records Act is intended to be liberally construed “to ensure that governmental records be open and made available to the public…subject to only a few very limited and narrow exceptions.”  State ex rel. Williams v. Cleveland (1992), 64 Ohio St.3d 544, 549, 597 N.E.2d 147, 151. The State provides this guidance to help an Offeror identify and document material in its Proposal that the Offeror considers exempt from disclosure pursuant to the Ohio Public Records Act, as set forth in the Request for Proposal. The two most cited reasons for Proposal redactions by Offerors are personal information and trade secrets.

Personal information is defined in R.C. 149.45(A)(1). Any information redacted by an Offeror based on this provision must be one of the following:

1. An individual’s social security number;

2. An individual’s state or federal tax identification number;

3. An individual’s driver’s license number or state identification number;

4. An individual’s checking account number, savings account number, credit card number, or debit card number; or

5. An individual’s demand deposit account number, money market account number, mutual fund account number, or any other financial or medical account number.

Trade secret is defined in R.C. 1333.61(D) as:

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

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