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 123:2-14-10 - Demonstration of good faith effort to include EDGE business participation

Current through all regulations passed and filed through July 1, 2024
(A)
								Each state agency or state university ("the contracting
			 agency") awarding a contract for goods, information technology services,
			 construction, architecture, engineering, or professional services, subject to
			 section 123.152 of the Revised Code,
			 shall specify in each contract the EDGE goal for subcontracts awarded for
			 labor, materials, and services to be purchased from EDGE-certified business(es)
			 to meet the contracting agency's overall EDGE goal, if the contract has a
			 participation goal above zero.
(B)
								Any contractor
			 awarded a contract for goods, information technology services, construction,
			 architecture, engineering, or professional services under Chapters 123., 125.,
			 and 153. of the Revised Code shall make a good faith effort to comply with any
			 EDGE goal established for the contract.
(C)
								Whenever a
			 contractor is unable to comply with the EDGE goal established for a contract
			 and having made a good faith effort to meet the established EDGE goal, the
			 contractor may apply in writing, on a form prescribed by DAS/EOD, to the
			 contracting agency for a full or partial waiver of the established contract
			 EDGE goal.
(D)
								The contracting agency may modify the established EDGE
			 goal for a contract after determining that the contractor made good faith
			 efforts to meet the established contract EDGE goal. For purposes of such
			 determination, the contracting agency shall consider whether the contractor has
			 documented all of the following:
(1)
									the contractor utilized reasonable and available means
			 to solicit EDGE-certified business(es) that have the capability to perform the
			 work of the contract. To demonstrate reasonable solicitation, the contractor
			 shall provide evidence of such solicitations, including, but not limited to,
			 the following: fax confirmations, website notifications, bid notices, email
			 contact lists, and invitations to bid notices;
(2)
									the contractor
			 identified portions of the contracted work that would provide the most
			 opportunity for participation by EDGE-certified business(es). To demonstrate
			 identified portions of the contracted work were selected to increase the
			 likelihood of EDGE participation, the contractor shall provide documentation
			 outlining the rationale used to determine which portions of the contract were
			 bid to EDGE-certified business(es) and why other portions were not selected for
			 bidding by EDGE-certified business(es);
(3)
									the contractor
			 provided all appropriate EDGE-certified business(es) with adequate information
			 about the plans, specifications, and requirements of the contract. The
			 information about the plans, specifications, and requirements of the contract
			 were provided in sufficient time for EDGE-certified business(es) to review and
			 provide a bid for the contract. "Sufficient time" means at least twenty-one
			 days prior to the required bid submission date provided by the
			 contractor;
(4)
									the contractor negotiated in good faith with interested
			 EDGE-certified business(es). To demonstrate good faith negotiations, the
			 contractor shall provide evidence of such negotiations, including, but not
			 limited to, the following: subcontractor names, addresses, dates of meetings,
			 and telephone numbers of the EDGE-certified business(es) considered. The
			 contractor shall submit bid requests and/or bid submittals of all
			 EDGE-certified business(es) bidders and any correspondence related to the
			 negotiations. A contractor using good business judgment will consider a number
			 of factors when negotiating with EDGE-certified business(es) and will take into
			 account the bid and capabilities of EDGE-certified business(es) as well as
			 contract goal requirements. However, the fact that there may be some additional
			 costs involved in finding and using an EDGE-certified business(es) are not in
			 itself sufficient reason for a contractor's failure to meet the established
			 EDGE goal. In addition, the ability or desire of a contractor to perform the
			 work with its own organization does not relieve the contractor of its
			 responsibility to locate EDGE-certified business(es) and conduct good faith
			 efforts;
(5)
									the contractor properly rejected interested
			 EDGE-certified business(es) as being unqualified for the work of the contract.
			 A contractor's rejection of an EDGE-certified business(es) based on standing
			 within an appropriate industry, membership, or affiliation in a business
			 social, or political group is not a basis for a proper rejection. To
			 demonstrate EDGE-certified business(es) were properly rejected, the contractor
			 shall provide a copy of each rejection letter sent to EDGE-certified
			 business(es) with the reason(s) for rejection, the EDGE-certified business's
			 name, address, date, and proof of mailing;
(6)
									the contractor
			 used the services of one or more organizations that provide business assistance
			 in the identification and recruitment of EDGE-certified business(es). To
			 demonstrate utilization of one or more organizations providing business
			 assistance, the contractor shall provide the name(s), phone number(s), date(s),
			 and method of contact relating to the business assistance organization;
			 and
(7)
									the contractor used a list of EDGE-certified
			 business(es) as provided by the Ohio Department of Administrative Services,
			 Equal Opportunity Division (DAS/EOD). To demonstrate a list of EDGE-certified
			 business(es) provided by DAS/EOD was used, the contractor shall provide the
			 list, method of contact, and names associated with each EDGE-certified
			 business(es) included on the list.