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

ACTION: Original                                                DATE: 09/19/2008 2:48 PM

                                                                                                                                                                                                                                                                                                                                                                                                                                      

 

NOTICE OF PUBLIC HEARING

 

THE DEPARTJ\ 1ENT OF ADMINISTRATIVE SERVICES, pursuant to Chapter 119 of the Ohio Revised Code, hereby gives notice that a public hearing will be conducted for the pu?ose of considering the adoption and amendment of the following rules contained in the Ohio Administrative Code.

 

The public hearing will be conducted on October 27, 2008, beginning at 1:30 p.m? in the South B & C Conference Room, located at the Vern Riffe Center for Government and the Arts, 77 South High Street, 31" Floor, Columbus,

Ohio 43215.  All interested persons affected by the proposed actions may be heard by oral or written testimony. The following rule is proposed  for amendment:

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

 

Amendment is needed to make use of terms consistent and to clarify procedures  used to receive a waiver of the EDGE procurement goal. 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 pai1icipation. Amendment of rule clarifies ?at, 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.

 

The following rules are proposed for adoption: 123:2-16-15                        Commercially useful function.

New rule makes clear that, in order to count toward a contractor's EDGE goal, the EDGE-certified business must perform

a commercially useful function and defines that term. Rule also speci?es obligation of EDGE business to provide information to the Equal Employment Opportunity Division of the Department of Administrative Services and right of the Equal Employment Opportunity Division of the Department of Administrative Services to audit or inspect business.

 

123:2-16-16    Monitoring Waiver Compliance.

 

New rule provides notice to State agencies as to how compliance with waiver requirements is monitored and the consequences of non-compliance. New rule specifies that the Equal Employment Opportunity Division shall report to the Director of the Department of Administrative Services as to compliance of State agencies on waiver of EDGE goals and such compliance may be considered in decisions whether to grant a release and permit to purchase goods and services to

the agency or to grant the agency's request to locally administer a construction project.

 

Copies of the proposed rules are available ?om:

•      Dept. of Administrative Services, 30 E. Broad St., 39111 Flr., Columbus, Ohio 43215;

•      Register of Ohio website;  htto://www .rel!isterofohio.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 October 22, 2008 , and may be given preference in the order of their testimony.

 

AJJ interested persons providing written comments in lieu of oral testimony are also encouraged to send their comments, no later than October 22, 2008, to:

 

The Department of Administrative Services Attn:  Darren Shulman, Associate Counsel 30 East Broad Street, 39t1i Flr.

Columbus  Ohio 43215 darren.shulman<@das. state.oh.us

 

 

 

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