reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-9 - Monthly Reports › Section 123:2-9-01 - Monthly utilization work hour reports

Current through all regulations passed and filed through July 1, 2024
Contractors and subcontractors shall provide monthly
				utilization work hour reports for the contractor's or subcontractor's total
				workforce within the state of Ohio to the compliance officer of the contracting
				agency. The report must be filed by the tenth day of each month, beginning with
				the contract award and continuing until the contractor or subcontractor
				completes performance of the contract. A contractor's or subcontractor's
				failure to submit a monthly utilization work hour report shall be a basis for
				invoking any of the sanctions set forth in rule
				123:2-7-01
				of the Administrative Code.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-11 - Certificate of Compliance › Section 123:2-11-01 - Certificates of Compliance

Current through all regulations passed and filed through July 1, 2024
Bidders to contracts awarded pursuant to Chapter 153. of the
				Revised Code by an owner referred to section
				153.01 of the Revised Code or
				awarded by the director of transportation pursuant to Chapter 5525. of the
				Revised Code must apply for a certificate of compliance to the state equal
				employment opportunity coordinator. Application shall be made on the form and
				according to the instructions established by the state equal employment
				opportunity coordinator.
Where the state equal employment opportunity coordinator
				determines that a bidder has not committed any violation of any affirmative
				action program with which the bidder was required to comply during the previous
				five years, the coordinator shall issue a dated certificate of compliance that
				is valid for one hundred eighty days.
The bidder is solely responsible for the completeness and the
				accuracy of its application for certificate of compliance. The state equal
				employment opportunity coordinator may determine a bidder to have violated an
				affirmative action program it was required to comply with, if the coordinator
				determines the bidder knowingly falsified its application for a certificate of
				compliance or knowingly omitted information requested by the application for
				certificate of compliance.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-11 - Certificate of Compliance › Section 123:2-11-02 - Certificates of compliance procedures for emergency contracts

Current through all regulations passed and filed through July 1, 2024
Where an owner referred to section
				153.01 of the Revised Code is
				authorized to dispense with normal competitive bidding procedures due to an
				emergency situation requiring immediate redress, the owner shall notify the
				state equal employment opportunity coordinator of the contractor chosen to
				complete the emergency work. The owner shall also notify the contractor of its
				obligation to submit an application for a certificate of compliance with
				affirmative action programs to the state equal employment opportunity
				coordinator as soon as possible.
Where the nature of the emergency requires the contractor to
				begin work before the state equal employment opportunity coordinator has
				completed review of the contractor's application, the contractor must contact
				the state equal employment opportunity coordinator and provide adequate
				assurance that it has not committed any violation of any affirmative action
				program with which the contractor was required to comply during the previous
				five years. The state equal employment opportunity coordinator may determine
				the contractor to be in compliance with affirmative action programs based upon
				the contractor's assurances.
Where after completing review of the contractor's application,
				the state equal employment opportunity coordinator determines that the
				contractor knowingly falsified or omitted information requested by the
				coordinator for adequate assurance of compliance during an emergency, the
				coordinator may modify his or her determination of compliance with affirmative
				action programs. The state equal employment opportunity coordinator may
				determine a bidder to have violated an affirmative action program it was
				required to comply with, if the coordinator determines the bidder knowingly
				falsified its application for a certificate of compliance or knowingly omitted
				information requested by the application for certificate of compliance.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions apply to this
				chapter.
(A)
								"Association" means an association organized pursuant
			 to Chapter 1785. of the Revised Code.
(B)
								"Bidder" means
			 any individual(s) that intend to submit or does submit a bid or a proposal to
			 the state of Ohio for the purpose of entering into an agreement or
			 contract.
(C)
								"Contract" means any agreement or subcontract with the
			 state to provide goods or information technology, construction, architecture,
			 engineering, or professional services.
(D)
								"Contractor"
			 means any entity including a sole proprietorship, partnership, corporation,
			 limited liability company, or joint venture that enters into a contract with
			 the state of Ohio.
(E)
								"Control" means the at least fifty-one per cent
			 eligible owner(s) possess the authority to control (but not limited to)
			 management and policy decisions, day-to-day operations, personnel, major
			 decisions, and the direction of the business.
(1)
									Control is
			 comprised of (but not limited to) three parts: operational control, managerial
			 control, and independence. The at least fifty-one per cent eligible owner(s)
			 are to have technical competence, managerial ability, and knowledge directly
			 related to the type of business in which the business is
			 engaged.
(2)
									The at least fifty-one per cent eligible owner(s) have
			 the ability to intelligently and critically evaluate information presented by
			 other participants in the business's activities and to use this information to
			 make independent decisions concerning the business's daily operations,
			 management, and policymaking. Generally, expertise limited to only office
			 management, administration, or bookkeeping functions unrelated to the principal
			 business activities of the business is insufficient to demonstrate
			 control.
(3)
									The at least fifty-one per cent eligible owner(s)
			 cannot engage in other business interests that conflict with the management of
			 the business or prevent the individual(s) from devoting sufficient time and
			 attention to the affairs of the business to control its activities. For
			 example, absentee ownership of a business and part-time work in a full-time
			 business are not viewed as constituting control. However, an individual could
			 be viewed as controlling a part-time business that operates only on evenings
			 and/or weekends, if the individual controls it at all times it is
			 operating.
(4)
									The applicant business or certified business is to be
			 independent; its viability cannot depend on its relationship with an
			 individual(s) or another business(es).
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-02 - Certification criteria

Current through all regulations passed and filed through July 1, 2024
(A)
								All applications
			 for certification, expedited certification, or re-certification into the
			 minority business enterprise (MBE); encouraging diversity, growth, and equity
			 (EDGE); or women-owned business enterprise (WBE) programs are filed with the
			 Ohio department of administrative services, equal opportunity division (DAS/
			 EOD) on forms provided by DAS/EOD and in the manner specified by
			 DAS/EOD.
(B)
								DAS/EOD may conduct on-site interviews and on-site
			 inspections at any location(s) of a MBE, EDGE, or WBE-certified or an applicant
			 business requesting certification, expedited certification, or
			 re-certification. The preferred location of interviews is at the location of
			 the business. If the coordinator determines that the business location is
			 unsuitable for an interview or for any other reason, the interview may be
			 conducted by phone or at an alternative location.
(C)
								DAS/EOD reserves
			 the right to request and access any pertinent personal and business records or
			 information that DAS/EOD considers necessary to evaluate an
			 application.
(D)
								Failure to produce any information or documents
			 required by law, rule, the application form, or at the request of DAS/EOD may
			 be cause for the administrative closure, denial, or revocation of an
			 application or certification.
(E)
								DAS/EOD may
			 request at any time during certification that a certified business submit a new
			 application, all required supporting documentation, and submit to an
			 interview.
(F)
								An applicant or MBE, EDGE, or WBE-certified business
			 may withdraw its application or surrender its certification with the approval
			 of the coordinator.
(G)
								Upon completion of the application process for
			 certification, expedited certification, or re-certification of an MBE, EDGE, or
			 WBE-certified business, the coordinator reviews the application and supporting
			 documents to determine if the business and its at least fifty-one per cent
			 eligible owner(s) meet the eligibility requirements for the applicable
			 program.
(1)
									If
			 the coordinator determines that the business and its at least fifty-one per
			 cent eligible owner(s) meet the applicable criteria set forth in this chapter,
			 the coordinator will certify the business under the applicable
			 program.
(2)
									The coordinator may determine the length of an MBE,
			 EDGE, or WBE certification, which may be for up to two years from the date of
			 certification. In the case of expedited certifications, the certification
			 period will not exceed the currently issued certification from the equivalent
			 program, plus thirty days.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-03 - Recertification

Current through all regulations passed and filed through July 1, 2024
(A)
								All MBE, EDGE, or WBE-certified businesses must apply
			 for re-certification prior to their certification's expiration date. The at
			 least fifty-one percent eligible owner(s) must demonstrate to the Ohio
			 Department of Administrative Services, Equal Opportunity Division (DAS/EOD)
			 that the certified business and its at least fifty-one percent eligible
			 owner(s) continue to qualify for the business's certification(s). DAS/EOD may
			 request that the at least fifty-one percent eligible owner(s) submit the
			 following documents:
(1)
									current annual balance sheet;
(2)
									current annual
			 income statement;
(3)
									current annual cash flow statement;
(4)
									current annual
			 profit and loss statement;
(5)
									last three years
			 of the at least fifty-one percent eligible business owner(s)'s personal
			 taxes;
(6)
									last three years of business taxes; and
(7)
									any other
			 documents DAS/EOD considers necessary.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-04 - Expedited certification

Current through all regulations passed and filed through July 1, 2024
(A)
								A business
			 meeting the requirements of this chapter through its current valid
			 certification in another entity's MBE, EDGE, or WBE Program that is
			 substantially the same or similar to Ohio's program(s) (the "Equivalent
			 Program) (including another State's WBE program if Ohio has entered into a
			 reciprocal agreement for the WBE program with that State) may be eligible for
			 expedited certification processing, provided that the following requirements
			 are met:
(1)
									the
			 Ohio Department of Administrative Services, Equal Opportunity Division
			 (DAS/EOD) has determined the Equivalent Program meets or exceeds the
			 requirements of this chapter and/or sections
			 122.71(E)(1),
			 123.151,
			 123.152, and 123.54 of the
			 Revised Code, as applicable; and
(2)
									the business
			 applying for certification under this rule shall submit a current valid
			 certification from the Equivalent Program demonstrating certification in that
			 program and any other documents DAS/EOD considers necessary.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-05 - Joint venture

Current through all regulations passed and filed through July 1, 2024
(A)
								Two or more
			 businesses may request certification as an MBE, EDGE, or WBE-certified joint
			 venture (JV):
(1)
									one of the businesses must be an Ohio-certified
			 business partnering or otherwise agreeing to join with another business or
			 businesses for the purpose of seeking a contract award;
(2)
									the business
			 relationship must benefit all parties to the JV;
(3)
									the eligible
			 owner(s) of the Ohio-certified business must control the JV's day-to-day
			 operations, management decisions, policies, and have ultimate control over the
			 management and operations of the JV including (but not limited to) finances.
			 Generally, performance limited to only office management, administration, or
			 bookkeeping functions unrelated to the principal business activities of the
			 business is insufficient to demonstrate control;
(4)
									the
			 Ohio-certified business must have an interest in the capital, assets, and
			 profits and losses of the JV at least proportionate to its capital investment
			 in the JV, but not less than fifty-one percent for an MBE or WBE-certified JV
			 (not less than thirty percent for an EDGE-certified JV). The contributions of
			 capital used to acquire ownership shall be "real and substantial" going beyond
			 pro forma ownership and derived from individually and independently owned
			 resources;
(5)
									the JV is a for-profit entity and is not required to be
			 in business for one year prior to submission of the Joint Venture Agreement;
			 and
(6)
									the JV must have its own separate federal tax
			 identification number and do business under a name that includes the letters
			 "JV" at the end of the name.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-08 - Adjudication hearings

Current through all regulations passed and filed through July 1, 2024
The Director of the Department of
				Administrative Services provides adjudication hearings in accordance with
				sections 119.06 to
				119.13 of the Revised Code, and
				conducts adjudication hearings in accordance with those provisions. If an
				applicant business or certified business fails to request a hearing upon the
				receipt of a notice of intent to deny or revoke certification, the Director may
				issue an adjudication order without holding a hearing.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-09 - EDGE procurement goals

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 section 123.152 of the Revised Code, the
			 director of the Ohio department of administrative services (director) shall
			 establish annual procurement percentage goal(s) for each state agency for
			 contracting with EDGE-certified business(es), in the awarding of contracts
			 under Chapters 123., 125., and 153. of the Revised Code applied at the contract
			 level, relative to an overall dollar goal for each state agency, for the
			 following procurement categories:
(1)
									Goods;
(2)
									Information
			 technology services;
(3)
									Construction;
(4)
									Architecture and
			 engineering; and
(5)
									Professional services.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-11 - Annual expenditure projection report

Current through all regulations passed and filed through July 1, 2024
(A)
								Each state agency
			 shall file an Annual Expenditure Projection Report (Report) with the
			 Coordinator by June fifteen of each fiscal year, detailing the state agency's
			 projected expenditure goals for the following fiscal year with MBE-certified
			 businesses pursuant to section
			 123.151 of the Revised Code and
			 EDGE-certified businesses pursuant to section
			 123.152 of the Revised Code.
			 Each state agency shall provide the Report on a form and in a manner designated
			 by the Ohio Department of Administrative Services, Equal Opportunity Division
			 (DAS/EOD) and shall include the following:
(1)
									listing of the
			 state agency's designated personnel responsible for implementing, monitoring,
			 and meeting the MBE and EDGE expenditure goals;
(2)
									the state
			 agency's projected expenditure budget for the following fiscal year, including
			 the projected expenditures to MBE-certified businesses and EDGE-certified
			 businesses for the procurement categories as defined by DAS/EOD;
			 and
(3)
									any other information DAS/EOD considers
			 necessary.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-12 - Quarterly expenditure report

Current through all regulations passed and filed through July 1, 2024
(A)
								Each state agency
			 will file a Quarterly Expenditure Report (Report) with the Ohio Department of
			 Administrative Services, Equal Opportunity Division (DAS/EOD) or DAS/EOD will
			 acquire a report where possible through existing state accounting systems by
			 October fifteenth, January fifteenth, April fifteenth, and July fifteenth of
			 each fiscal year, summarizing the state agency's procurement activities with
			 MBE, EDGE, and/or WBE-certified businesses for the prior quarter, on a form and
			 in the manner designated by DAS/EOD, including the following:
(1)
									the name of the
			 MBE, EDGE, and/or WBE-certified businesses that the state agency entered into a
			 contract with or expended funds with during the last ninety days and by the
			 procurement categories designated by DAS/EOD.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-13 - EDGE participation goals in solicitations and contracts

Current through all regulations passed and filed through July 1, 2024
(A)
								For every procurement opportunity issued by the Ohio
			 Department of Administrative Services or by any other state agency or state
			 university (the "contracting agency"), the respective contracting agency shall
			 determine whether an EDGE participation goal is feasible for the procurement
			 based on EDGE availability.
(1)
									The contracting agency shall complete the EDGE
			 participation goal determination prior to advertising the solicitation and
			 shall publish the EDGE participation goal for the contract in the solicitation
			 when a goal above zero percent is determined.
(2)
									The EDGE
			 participation goal may be determined by the contracting agency. The EDGE
			 participation goal shall be specified in the resulting contract
			 award.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-14 - EDGE data collection

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio
			 Department of Administrative Service, Equal Opportunity Division (DAS/EOD)
			 shall collect the necessary data to assess, determine, and evaluate the
			 development, and direction of the EDGE program. The Coordinator shall use the
			 collected data to assist in the establishment of the EDGE procurement
			 percentage goal and to determine the overall effectiveness of the EDGE
			 program.
(B)
								In addition to the information required in the
			 Quarterly Expenditure Report, pursuant to rule 123:2-14-12 of the
			 Administrative Code, each state agency shall provide data regarding businesses
			 that have sought to acquire or have acquired state contracts with their
			 respective agency as provided in paragraph (C) of this rule. DAS/EOD shall
			 assemble the data provided to assist in establishing the general capacity,
			 availability, and utilization of EDGE-certified business(es) in the relevant
			 marketplace.
(C)
								Each state agency shall provide DAS/EOD the following
			 data, if applicable:
(1)
									name of vendor;
(2)
									certification
			 status (MBE, EDGE, WBE, Veteran-Friendly Business Enterprise) and procurement
			 category;
(3)
									company federal tax identification
			 number;
(4)
									contract name and number or project name and
			 number;
(5)
									contract bid amounts;
(6)
									names of all
			 bidders;
(7)
									name of each bidder awarded the
			 contract;
(8)
									successful bidder and location, address, and geographic
			 region;
(9)
									type of contract or project by designated industry
			 classification code;
(10)
									original dollar amount of the contract;
(11)
									date of contract
			 or project award;
(12)
									completion date of contract or project;
(13)
									payment data for
			 contract or project;
(14)
									name of any identified subcontractors and federal tax
			 identification numbers;
(15)
									original value of any subcontracts; and
(16)
									type of
			 contracting method utilized by a contractor;
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-14 - Applications for certification, expedited certification, or re-certification into the Minority Business Enterprise (MBE); Encouraging Diversity, Growth, and Equity (EDGE); or Women-owned Business Enterprise (WBE) › Section 123:2-14-15 - Monitoring waiver compliance

Current through all regulations passed and filed through July 1, 2024
(A)
								The state agency
			 or state university's (the "contracting agency's") Equal Employment Opportunity
			 Officer (Officer) shall provide a Waiver Compliance Report (Report) upon
			 request by the Coordinator. The Report shall include a description of the
			 contracting agency's procedures for evaluating and granting an EDGE waiver
			 pursuant to rule 123:2-14-10 of the Administrative Code. The Report will be
			 made on forms provided by the Ohio Department of Administrative Services, Equal
			 Opportunity Division (DAS/EOD) and made in a manner designated by
			 DAS/EOD.
(B)
								DAS/EOD shall review the Report submitted by the
			 Officer and make recommendations to the contracting agency. If the contracting
			 agency fails to provide a Report within the time designated in the request by
			 the Coordinator or if the Coordinator determines that the submitted
			 documentation is insufficient to demonstrate that the contracting agency is in
			 compliance with the requirements set forth in section
			 123.152 of the Revised Code,
			 then the Coordinator may conduct a compliance review and issue an Agency
			 Compliance Report.
(C)
								The Director of the Ohio Department of Administrative
			 Services (Director) may consider non-compliance with the requirements set forth
			 in section 123.152 of the Revised Code, as
			 evidenced by the Agency Compliance Report, or DAS/EOD's recommendations in the
			 Agency Compliance Report, in the Director's evaluation of whether to grant a
			 release and permit to purchase goods and services to the requesting
			 Agency.
(D)
								The Ohio Facilities Construction Commission (OFCC) may
			 consider a contracting agency's non-compliance with the requirements set forth
			 in section 123.152 of the Revised Code as
			 evidenced by the Agency Compliance Report or DAS/EOD's recommendations, in
			 OFCC's evaluation of whether to grant a request to locally administer a
			 construction project.
Ohio Administrative Code › Title 123:3 - Office of Information Technology › Chapter 123:3-1 - Electronic Signatures and Records › Section 123:3-1-01 - Use of electronic signatures and records

Current through all regulations passed and filed through July 1, 2024
(A) Definitions. In addition to the
			 definitions in section
			 1306.01 of the Revised Code, the
			 following definitions are also applicable to this rule:
(1) "Authentication" is the assurance that
			 the electronic signature is that of the person purporting to sign a record or
			 otherwise conducting an electronic transaction.
(2) "Domain" means category of persons based
			 on the nature of the identity of the person.
(3) "Electronic transaction" means the
			 exchange of an electronic record and electronic signature between a state
			 agency and a person to:
(a) Consent to release
			 information;
(b) Purchase, sell or
			 lease goods, services or construction;
(c) Transfer funds;
(d) Facilitate the submission of an
			 electronic record with an electronic signature required or accepted by a state
			 agency; or
(e) Create records
			 formally issued under a signature and upon which the state of Ohio or any other
			 person will reasonably rely including but not limited to formal communication,
			 letters, notices, directives, policies, guidelines and any other record. This
			 subsection does not include informational publications and informal
			 communications.
(4)
			 "Integrity" is the assurance that the electronic record is not modified from
			 what the signatory adopted.
(5)
			 "Nonrepudiation" is the proof that the signatory adopted or assented to the
			 electronic record or electronic transaction.
(6) "Office of Information Technology" (OIT)
			 is the entity housed within the department of administrative services under
			 section 125.18 of the Revised Code to
			 provide state governance and direction for information technology.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this division of the Administrative Code:
(A) "Agency" means a department created under
			 section 121.02 of the Revised
			 Code.
(B) "Auction event" means a
			 competitive process conducted in which prequalified responsive and responsible
			 bidders compete to submit the lowest price.
(C) "Bid response" means all documents,
			 whether attached or incorporated by reference, supplied by the bidder in
			 response to an invitation to bid. In a reverse auction, this also includes a
			 qualifications summary and the lowest price submitted by the bidder during the
			 auction event.
(D) "Bidder" means
			 the person or firm that submits a bid response to an invitation to
			 bid.
(E) "Biobased Content"
			 
								means the amount of biobased carbon in the
			 material or product as a percentage of weight (mass) of the total organic
			 carbon in the material or product.
(F)
								"Biobased
			 product" has the same meaning as defined in section
			 125.091 of the Revised
			 Code.
(G) "Border state"
			 means any state that is contiguous to Ohio and that does not impose a
			 restriction greater than Ohio imposes pursuant to sections
			 125.09 and
			 125.11 of the Revised Code on
			 persons located in Ohio selling 
								goods or services to agencies of that
			 state.
(H)
								"Buy Ohio products" has the same meaning as defined in
			 section 125.01 of the Revised
			 Code.
(I)
								"Buy Ohio supplier" means a supplier submitting a bid
			 or proposal offering Buy Ohio products or demonstrating significant economic
			 presence in Ohio or a border state.
(J) "Chief executive"
			 
								has
			 the same meaning as defined in section
			 5502.21 of the Revised
			 Code.
(K)
								"Competitive selection" has the same meaning as defined
			 in section 125.01 of the Revised
			 Code.
(L)
								"Direct purchase
			 authority" has the same meaning as defined in section
			 125.01 of the Revised
			 Code.
(M) "Domestic
			 source end product" means:
(1) An
			 unmanufactured end product mined or produced in the United States, or
(2)
									An end product
			 manufactured in the United States, provided:
(a)
										The cost of its
			 components mined, produced, or manufactured in the United States exceeds fifty
			 per cent of the cost of all its components of foreign origin;
			 and
(b)
										Its components of foreign origin are of the same class
			 or kind as those that the department of administrative services ("the
			 department") determines are not mined, produced, or manufactured in the United
			 States in neither sufficient and reasonably available commercial quantities nor
			 of a satisfactory quality.
(3)
									Scrap that is
			 generated, collected, and prepared for processing in the United
			 States.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-02 - Delegation of procurement authority

Current through all regulations passed and filed through July 1, 2024
The director of the department of administrative services may
				delegate authority to the chief procurement officer, the state purchasing
				administrator, the state printing administrator, assistant director, deputy
				director, or as the director may otherwise delegate, to make purchases for
				products, supplies, and/or services.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-03 - Permit to make purchases when impractical through the department

Current through all regulations passed and filed through July 1, 2024
(A) No state agency
			 other than those excepted in sections
			 125.02,
			 125.04
			 and
			 125.041
			 of the Revised Code shall procure or purchase any supplies or services, except
			 in accordance with sections
			 125.035
			 and
			 125.05 of
			 the Revised Code. When the department of administrative services determines
			 that it is not possible or not advantageous for the department to make the
			 purchase, the department shall grant the agency a release and permit to make
			 the purchase. Release and permits may be granted for a single purchase or for a
			 group of similar or related purchases. The department may issue a blanket
			 release and permit to an agency for specific types of purchases and for any
			 length of time, not to exceed the current biennium. Factors to consider for
			 issuance of a release and permit include, but are not limited to, the
			 following:
(1) The demonstrated ability of the
			 agency in terms of procurement knowledge and any specialized knowledge
			 pertinent to the procurement covered by the release;
(2) The past professional experience of the
			 agency in exercising similar authority and the degree and quality of
			 professional analysis demonstrated and documented by the agency seeking to
			 undertake the acquisition;
(3) The
			 degree of economy and efficiency to be achieved in meeting the state's
			 requirements if authority is delegated;
(4) The available resources of the department
			 to exercise the authority if it is not delegated; and
(5) The ability of the department to complete
			 the purchase pursuant to competitive selection;
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-06 - Ohio preferences

Current through all regulations passed and filed through July 1, 2024
(A)
								Bidders and
			 offerors may claim preferences in a procurement solicitation response for any
			 or all of the following:offering domestic source end products;
			 qualification as a buy Ohio supplier; or qualification as a veteran-friendly
			 business enterprise, all as described in this rule.
Information furnished in the
				solicitation response by the bidder or offeror shall be relied upon in making
				the determination about whether a preference applies, but the state may verify
				such information if necessary. Any bidder or offeror who intentionally submits
				false or misleading information to receive a preference will be immediately
				disqualified and may be subject to administrative or legal action.
Preferences shall be applied except in
				those circumstances where the director of the department of administrative
				services or the director's designee determines compliance would not be in the
				best interest of the state or when otherwise prohibited.
(1)
									Buy American
			 preference. Bidder and offeror responses will be evaluated to determine whether
			 a response includes a domestic source end product for the buy American
			 preference.
(2)
									Buy Ohio preference. Bidder and offeror responses will
			 be evaluated to give preference to all bids and offers received from a buy Ohio
			 supplier for products raised, grown, produced, mined or manufactured in Ohio or
			 a border state or for products and services offered by a supplier demonstrating
			 significant economic presence in Ohio or a border state.
(3)
									Veteran-friendly
			 business enterprise preference. Bidder and offeror responses will be evaluated
			 to give preference to all bidders and offerors who are certified
			 veteran-friendly business enterprises. In order to qualify for this preference,
			 a bidder or offer must have an active veteran-friendly business enterprise
			 certification at the due date and time of bid or offer.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-07 - The invitation to bid process

Current through all regulations passed and filed through July 1, 2024
(A) At a minimum, 
								an invitation to
			 bid ("ITB") will include the following information:
(1) Instructions and information to bidders
			 concerning submission of bid responses, including the name of the
			 state agency requesting to purchase
			 goods or services;
(2) Instructions governing communications,
			 including but not limited to instructions for submitting questions and posting
			 answers on the department of administrative services' electronic
			 procurement system;
(3) A
			 description of the goods or services to be
			 purchased;
(4) Complete and
			 detailed specifications pertaining to the goods or services to be
			 purchased ;
(5)
									A description of the
			 evaluation procedures to be followed for award of a contract;
(6) The contract terms and conditions, including any requirement for acceptable financial
			 assurances;
(7)
									Requirements for submitting bid
			 responses, including date and time;
(8) Documents that may be incorporated by
			 reference, provided the ITB specifies where such
			 documents can be obtained and the documents are readily available to all
			 bidders;
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-08 - The request for proposal process

Current through all regulations passed and filed through July 1, 2024
(A) At a minimum, 
								a request for
			 proposal ("RFP") should include the following information:
(1) Instructions and information to offerors
			 concerning submission of proposals, including the name of the
			 state agency requesting to purchase
			 goods or services;
(2) Instructions governing communications,
			 including but not limited instructions for submitting questions and posting
			 answers on the department of administrative services' electronic
			 procurement system;
(3) A
			 description of the goods or services to be purchased;
(4) A description of the evaluation
			 procedures to be followed for award of a contract;
(5) The contract terms and conditions,
			 including any requirement for acceptable financial assurances;
(6)
									Requirements for submitting proposals, including date and
			 time;
(7) Documents that may
			 be incorporated by reference, provided the RFP
			 specifies where such documents can be obtained and the documents are readily
			 available to all offerors;
(8) A
			 statement that the 
									department of administrative services ("the
			 department") or contracting state agency reserves the right to reject any
			  proposals where the offeror takes
			 exception to the terms and conditions of the RFP or fails to meet
			 any of the requirements, terms and conditions,
			 
									and specifications
									of the
			 RFP.
(9) A statement that the
			 
									department
			 or contracting state agency reserves the right to reject, in whole or in
			 part, any  proposals where the
			 department
			 or contracting state agency
									determines that award of a
			 contract would not be in the best interest of the department or contracting state agency, or;
(10)
									 A statement
			 that the department or contracting state agency may conduct discussions and/or
			 negotiations with offerors who submit proposals for the purpose of
			 clarification and/or correction, including the documentation of such to assure
			 full understanding of and responsiveness to the requirements, terms and
			 conditions, and specifications of the RFP.
As provided in the RFP,
				discussions and/or negotiations may be conducted with offerors
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-09 - Purchase of recycled products

Current through all regulations passed and filed through July 1, 2024
When purchasing equipment, materials,
				or supplies, the general assembly; the offices of all elected state officers;
				all departments, boards, offices, commissions, agencies, institutions,
				including, without limitation, state-supported institutions of higher
				education, and other instrumentalities of this state; the supreme court; all
				courts of appeals; and all courts of common pleas, may purchase recycled
				products when the recycled product being offered is substantially equivalent to
				the non-recycled product, is economically feasible, and is commercially
				available in quantities sufficient to meet the needs of the procuring
				agency.
Effective: 2/29/2016
Five Year
				Review (FYR) Dates: 11/20/2015 and
				03/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: ORC 125.02, ORC
				125.09
Rule
				Amplifies: ORC 125.02, ORC
				125.082, ORC
				125.09
Prior
				Effective Dates: 2/2/82, 8/30/84, 5/5/95,
				3/28/2014
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-12 - The reverse auction process

Current through all regulations passed and filed through July 1, 2024
(A)
								Reverse auctions
			 will be conducted using an "Invitation to Bid" (ITB). At a minimum,
			 an ITB will contain the following
			 information:
(1) Instructions and information
			 to bidders concerning the submission of qualifications summaries, including the
			 name  of the
			 state agency requesting to purchase
			 goods or services;
(2) Instructions governing communications,
			 including  instructions
			 for submitting questions and posting answers on the
			 department of administrative services' electronic procurement
			 system;
(3) A description of
			 
									the goods or services to be purchased;
(4) Complete and detailed specifications
			 pertaining to the goods or services to be
			 purchased;
(5)
									A description of the evaluation
			 
									process to be followed for award of a
			 contract;
(6) The contract terms
			 and conditions, including any requirement for
			 acceptable financial assurances;
(7)
									Requirements for submitting bid responses, including date
			 and time; and
(8) The date
			 and time of the reverse auction and that it will be
			 conducted using the department of administrative services' electronic
			 procurement system.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-13 - Biobased products bid preference policy

Current through all regulations passed and filed through July 1, 2024
(A) The department of administrative
			 services, other state agencies and state institutions of higher education must
			 procure biobased products that fall within the designated item categories list
			 in the current version of the catalog compiled by the United States department
			 of agriculture and maintained by the department of administrative services on
			 its website. State agencies must procure equipment, materials, and supplies in
			 accordance with procedures set forth in rule
			 123:5-1-14
			 of the Administrative Code.
(B)
			 Requests for proposal and invitations to bid will contain a statement that
			 biobased products may be considered and that a preference may be applied for
			 those biobased products meeting the specifications set forth in the bidding
			 document.
Effective: 2/29/2016
Five Year
				Review (FYR) Dates: 11/20/2015 and
				03/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: ORC 125.092(E)
Rule Amplifies: ORC
				125.091, ORC
				125.092
Prior
				Effective Dates: 11/22/2010
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-14 - Biobased products bid preference program procedure

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule
			 "biobased content" means the amount of biobased carbon
			 in the material or product as a per cent of weight (mass) of the total organic
			 carbon in the material or product.
(B) The awarding of contracts under this
			 section will be consistent with section
			 125.071 of the Revised Code for
			 requests for proposals and section
			 125.11 of the Revised Code for
			 invitations to bid.
(C) As
			 applicable, when purchasing equipment, materials or supplies, first
			 consideration must be given to the availability of such items in accordance
			 with sections 5147.01 to 5147.26 (Ohio penal industries) or sections
			 125.60 to
			 125.6012 (community
			 rehabilitation program) of the Revised Code. If both biobased and non-biobased
			 products are available from these sources, state agencies shall
			 consider purchasing the biobased product
			 .
(D) When it is
			 determined that either a biobased or non-biobased product would be acceptable
			 and it is determined that both biobased and nonbiobased products are available,
			 the request for proposal or invitation to bid for purchase of equipment,
			 material or supplies will contain a biobased bid preference provision
			 indicating the minimum acceptable percentage of biobased content as designated
			 by the United States department of agriculture. This procedure is not required
			 when the request for proposal or invitation to bid specifies that only a
			 biobased product will be considered for award of a contract.
(E) The
			 bids or proposals containing biobased
			 products shall be
			 reviewed to determine the following:
(1) A
			 bid or offer contains a designated item as defined in division (D) of section
			 125.091 of the Revised
			 Code;
(2) The offeror or bidder is
			 listed in the current version of the United States department of agriculture
			 catalog as maintained by the department of administrative services on its
			 website as a company that is offering a designated item or the bidder or
			 offeror provides a certification according to rule
			 123:5-1-15
			 of the Administrative Code; and
(3)
			 The percentage of biobased content.
Ohio Administrative Code › Title 123:5 - Division of Purchasing › Chapter 123:5-1 - General Provisions › Section 123:5-1-15 - Bidder or offeror certification

Current through all regulations passed and filed through July 1, 2024
(A)
								 All invitations
			 to bid and requests for proposals shall require the bidder or offeror to
			 complete and attest the following:
(1)
									 I, _________ (name of certifier), am an officer or
			 employee responsible for the performance of this contract and I hereby certify
			 that biobased products (within the categories of items listed in the current
			 version of the United States department of agriculture catalog as maintained by
			 the department of administrative services on its website) to be used or
			 delivered in the performance of the contract will comply with the applicable
			 specifications or other contractual requirements.
(2)
									 I further
			 certify that biobased products being offered are listed as a designated item as
			 determined by the United States department of agriculture and the biobased
			 products have been tested by an ASTM/ISO compliant test facility using the ASTM
			 international radioisotope standard method D 6866 for testing and I can verify
			 this testing upon request of the state of Ohio.
(3)
									 [Signature of
			 the officer or employee]
(4)
									 [Date]
(5)
									 [Name
			 of company]