123:2-16-13 EDGE data collection.

 

NOTICE OF PUBLIC HEARING

 

THE DEPARTMENT OF ADMINISTRATIVE SERVICES (DAS), pursuant to Chapter 119 of the Ohio Revised Code, hereby gives notice that a public hearing will be conducted for the purpose of considering the adoption and amendment of the following rules contained in the Ohio Administrative Code (Ohio Adm. Code).

 

The public hearing will be conducted on Monday, December 7, 2015, beginning at 10:00 a.m., in the Lobby Hearing Room, located at the James A. Rhodes State Office Tower, 30 East Broad Street, Columbus, Ohio 43215. All interested persons affected by the proposed actions may be heard by oral or written testimony.

 

 

The following rules are proposed for amendment:

 

123:2-16-01   Definitions.

Changes to this rule will define terminology used in Ohio Adm. Code 123:2-16-01 et seq.

 

123:2-16-02   Certification criteria.

Changes to this rule clarify ownership and control requirements. Identifies that control is comprised of operational control, managerial control, and independence. Defines that ownership cannot be de facto. Removes requirement to have application notarized. Removes net sales as the determining factors for business size limitations and adds gross receipts as standard for business size. Corrects typographical, punctuation, and minor word changes.

 

123:2-16-03   Certification of business structure.

Changes to this rule defines control as it relates to a business structure. Clarifies tasks an owner is required do for the business to be considered in control. Provides process for reentry into the EDGE program if removed for non-disciplinary reasons or graduated. Provides examples of undue influence. Corrects typographical, punctuation, and minor word changes.

 

123:2-16-04   Expedited certification.

Changes to this rule update same or similar programs for inclusion into the program. Clarifies that the EEO Coordinator can request new documents be submitted at recertification time. Corrects typographical, punctuation, and minor word changes.

 

123:2-16-05   Recertification.

Changes to this rule clarifies language used to recertify a business into the program. Provides for a grace period for recertification. Clarifies if recertification is requested after grace period that a new application and documentation must be submitted for reentry into the program. Adds reasons for not being granted recertification. Corrects typographical, punctuation, and minor word changes.

 

123:2-16-06   Decertification and revocation.

Changes to this rule establishes reasons a business may be removed from the EDGE program. Defines removal for cause. Corrects typographical, punctuation, and minor word changes.

 

123:2-16-08   EDGE participation goals.

Changes to this rule clarify what chapters that must have an annual EDGE participation goal.

 

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

Changes to this rule place additional requirements on the prime contractor to ensure that good faith efforts are obtained. Identifies items that must be submitted to establish a good faith effort. Requires when a contracting

 

 

agency considers an EDGE waiver request from a bidder or contractor the agency must make all reasonable effort to ensure that the bidder or contractor exhausted all possible of contracting with an EDGE business. Corrects typographical, punctuation, and minor word changes.

123:2-16-11   Quarterly expenditure report.

Changes to this rule corrects minor word changes.

123:2-16-12   Proposals.

Changes to this rule reflect numerical reordering.

123:2-16-13   EDGE data collection.

Changes to this rule adds "project" as a requirement of data tracking. Remove requirement to track comparative data with bidders in the general market place. Corrects typographical, punctuation, and minor word changes.

123:2-16-14   Joint venture.

Changes to this rule adds requirement that a joint venture must have a new FTID#. Adds requirement that a joint venture certification cannot be used for subsequent projects or contracts. Corrects typographical, punctuation, and minor word change.

123:2-16-15   Commercially useful function.

Changes to this rule identifies when a business does not perform a commercially useful function. Add examples and qualifiers as to a commercially useful function. Corrects typographical, punctuation, and minor word changes.

123:2-16-16   Monitoring waiver compliance.

Changes to this rule removes state architect's references and replaces them with Ohio Facilities Construction Commission. Corrects typographical, punctuation, and minor word changes.

The following rules have no changes:

123:2-16-07    Adjudication hearings.

123:2-16-10    Annual expenditure projection report.

Copies of the proposed rules are available from:

·         Dept. of Administrative Services, 30 E. Broad St., Suite 4023, Columbus, Ohio 43215;

·         Register of Ohio website: http://www.registerofohio.state.oh.us.

All interested persons will be given an opportunity to be heard at the public hearing. Those persons who wish to provide oral testimony are encouraged to contact the Department of Administrative Services at 614- 644-1773, no later than Wednesday, December 2, 2015, and may be given preference in the order of their testimony.

All interested persons providing written comments in lieu of oral testimony are also encouraged to send their comments, no later than Wednesday, December 2, 2015, to:

The Department of Administrative Services Attn:  Cathy Perkins, Associate Legal Counsel 30 East Broad Street, Suite 4023

Columbus, Ohio 43215 [e-mail]