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Ohio Administrative Code (Last Updated: January 12, 2021) |
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5501:2 Division of Highways |
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Chapter5501:2-12. Veteran-friendly Business Enterprise Bid Preference |
5501:2-12-01. Definitions
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As used in this division of Administrative Code:
(A) "Active service" means any person who has not completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who at present is in the employment of the armed forces or is on call for activation at any time.
(B) "Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve component of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; and the Ohio organized militia when engaged in full time national guard duty for a period of more than thirty days.
(C) "Bid response" means all documents, whether attached or incorporated by reference, supplied by the bidder in response to an invitation to bid.
(D) "Bidder" means the person or firm that submits a bid response to an invitation to bid.
(E) "Competitive sealed proposal" means offering of proposals in response to a request for proposal by a state agency for the purchase of supplies and/or services.
(F) "Discharged under honorable conditions" has the same meeting as "honorably discharged."
(G) "Employee" means a veteran who has received a salary or wage from the same veteran-friendly business enterprise for at least one year, working an average of at least a twenty hour week during the most recent twelve-month period.
(H) "Evidence of satisfactory service" means a record verifying veteran status or documentation that a person on active service with the armed forces is likely to be honorably discharged from the armed forces.
(I) "Honorably discharged" means a person has served the armed forces well by meeting or exceeding the required standards of duty performance and personal conduct during their commitment to the armed forces.
(J) "Invitation to bid" or "ITB" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.
(K) "Offeror" means the person or firm which submits a proposal in response to a request for proposal.
(L) "Products" means materials, manufacturer's supplies, merchandise, goods, ware, and foodstuffs.
(M) "Proposal" means all documents, whether attached or incorporated by reference, supplied by the offeror in response to a request for proposal.
(N) "Purchase" means to buy, rent, lease, lease purchase, or otherwise acquire supplies or services and includes all functions that pertain to the obtaining of supplies of services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, all phases of contract administration, and receipt and acceptance of the supplies and services and payment for them.
(O) "Record verifying veteran status" means those forms of documentation proving a service member is currently active or a veteran has been honorably discharged from the armed forces, including United States Department of Defense form 214 (DD-214), United States department of defense form 215 (DD-215), United States uniformed identification card (DD Form 2), United States department of veterans affairs identification card, United States department of defense military identification, Ohio driver's license with armed forces logo, national guard bureau form 22 (NGB-22), or any other documentation verifying status.
(P) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals from offerors.
(Q) "Supplies" means all property, including, but not limited to, equipment, materials, other tangible assets, and insurance, but excluding real property or an interest in real property.
(R) "State agency" has the same meaning as in section 1.60 of the Revised Code, but does not include the elected state officers, the general assembly or any legislative agency, a court or any judicial agency, or a state institution of higher education.
(S) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been honorably discharged or discharged under honorable conditions from the armed forces or that has been transferred to the reserve with evidence of satisfactory service.
(T) "Veteran employment standard" means that a business applying for veteran-friendly business enterprise certification satisfies one of the following criteria:
(1) At least ten per cent of the employees of the sole proprietorship, association, partnership, corporation, limited liability company, or joint venture are veterans or on active service; or
(2) At least fifty-one per cent of the sole proprietorship, association, partnership, corporation, limited liability company, or joint venture is owned by veterans or on active service; or
(3) If the businesses is a corporation, at least fifty-one per cent of the board of directors are veterans or people on active service.
(U) "Veteran friendly business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture that meets veteran employment standards as defined in paragraph (T) of this rule.
(V) "Director" or "Department" as used under rule 5501:2-12-02 of the Administrative Code, shall mean the director of the department of transportation or department of transportation unless specifically referenced otherwise.