123:2-16-05 Recertification.

 

 

 

123:2-16-05                 Recertification.

 

 

 

(A)    Certification as an EDGE business enterprise expires two years from the date of certification. An EDGE certified business enterprise must apply for recertification in the EDGE program before the time of expiration, to continue in the EDGE program.Except those EDGE business enterprises that received certification under rule 123:2-16-04 of the Administrative Code, an EDGE business enterprise must apply for recertification in the EDGE business development program before the expiration of the EDGE business enterprise's current certification expiration date to maintain continuous certification in the EDGE program.

 

(B)  The EODequal opportunity division of the department of administrative services shall notify each certified EDGE business enterprise, forty-five days prior to its certification expiration, of the requirements and procedures for recertification. The notification shall be made at sixty and thirty-days prior to the business's current certification expiration datein a form determined by the division. If an EDGE business enterprise does not request recertification prior to the EDGE business enterprise's current certification expiration date, the EDGE business enterprise will be required to submit a new unified application along with all current required supporting documentation to be considered for certification into the EDGE program.

 

(1)If an EDGE business enterprise does not request recertification prior to the EDGE business enterprise's current certification's expiration date, EOD may grant the EDGE business enterprise a grace period (maximum of six months from the EDGE business enterprise's last certification date and upon request by the EDGE business enterprise's fifty-one percent owner or owners) to request recertification without requiring submission of a new Unified Application and all new required supporting documentation. Failure of EOD to notify the EDGE business enterprise of its recertification expiration date in advance is not a sufficient reason for failing to apply in a timely manner for recertification.

 

(C)   All certified EDGE business enterprises shall maintain a current contact information including (e.g. telephone numbers, physical business address, and e-mail address) with EODthe equal opportunity division of the department of administrative services.

 

(D)   All certified EDGE business enterprises shall notify EOD in writing (letter or email) of any change in circumstances affecting the business or the fifty-one percent owner or owners ability to meet size and disadvantage status, ownership, independence or control requirements or any material change in the information provided in its application form, including changes in management responsibility among members of seeking recertification in the EDGE business enterpriseprogram must submit the recertification application request on a form provided by the equal

 

 

 

opportunity division of the department of administrative services, and in a manner prescribed by the division. The EDGE business enterprise applicant must demonstrate to the division that the applicant and the business continue to qualify for certification. The division shall submit changes to EOD within thirty days of the occurrence of the change. Failure to maintain certificationuse the criteria as stated in rules 123:2-16-01, and procedures set forth in rules 123:2-16-02, 123:2-16-03, and 123:2-16-14123:2-16-13 of the Administrative Code shall be cause for decertification or revocation of the EDGE business enterprise's certificationto determine whether recertification is warranted.

(E)    Upon receiving a timely completed application in which the applicant demonstrates continued qualification for certification in the EDGE program, the equal opportunity division of the department of administrative services shall recertify the business.An EDGE business enterprise seeking recertification in the EDGE program must submit the recertification request on a form provided by EOD, and in a manner prescribed by EOD. The applicant must demonstrate to EOD that the fifty-one percent owner or owners and the business continue to qualify for certification. EOD shall use the criteria set forth in rules 123:2-16-01, 123:2-16-02, 123:2-16-03, and 123:2-16-14 of the Administrative Code and this chapter to determine whether recertification is warranted.

(F)    If EODthe equal opportunity division of the department of administrative services determines that the EDGE business enterprise or the fifty-one percent business owner or owners no longer meet the criteria set forth in this chapter, EODthe equal employment opportunity coordinator of the department of administrative services shall notify the applicant of the decision. The EODcoordinator shall notify the applicant by registeredcertified mail, return receipt requested, and the notification shall include information detailing the applicant's appeal rights as set forth in Chapter 119. of the Revised Code.

(G)    The EODequal opportunity division of the department of administrative services shall have the right to conduct on-site inspections at any location of an EDGE business enterprise seeking recertification. The EODdivision shall have a right to request and access any pertinent personal and business records or information EODthe division deems necessary to evaluate a recertification application. EOD shall provide appropriate notice.

(H) History of failure to perform a commercially useful function will be considered during the recertification process; however, it may not necessarily be the sole factor.

(H)(I) The maximum amount of time a business or business owner may participate in the EDGE public contracts assistance program as a certified business is ten years.

(J) The state equal employment opportunity coordinator may determine the length of the EDGE certification issued pursuant to this section, however, no certification shall exceed two-years from the date of certification, provided that the EDGE business enterprise remains in compliance and is not decertified pursuant to rule 123:2-16-06 of the Administrative Code.

Effective:                                                             02/01/2016

Five Year Review (FYR) Dates:                         11/05/2015 and 11/20/2020

CERTIFIED ELECTRONICALLY

Certification

01/22/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           R.C. 123.152

Rule Amplifies:                                  R.C. 123.152

Prior Effective Dates:                         11/26/2004