123:2-16-09 Demonstration of good faith effort to include EDGE business participation.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Administrative Services

Agency Name

 

Division of EEO for Construction                     Darren Shulman

Division                                                                  Contact

 

30 E. Broad Street, 39th Flr. COLUMBUS OH 00000-0000

614-644-1773

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

123:2-16-09

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Demonstration of good faith effort to include EDGE business

participation.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 123.152

5.  Statute(s) the rule, as filed, amplifies or implements: 123.152

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Amendment needed to make use of terms consistent and to clarify procedures used to receive a waiver of the EDGE procurement goal.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Rule specifies what is required of a contractor awarded a contract under R.C.

Chapters 123, 125, and 153 to establish a good faith effort to include EDGE business participation. Amendment of rule clarifies that, in order to grant or deny a waiver of EDGE procurement goals, the contract-letting agency must make a written report, including evaluation of the matter, to the Equal Employment Opportunity Division of the Department of Administrative Services.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

The language in section A was changed to note that an agency needs to have "reasonable basis" supporting its EDGE contract goal.

12. 119.032 Rule Review Date: 9/19/2008

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required:

the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

None anticipated.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No