123:2-15-02 Bid notifications and specifications concerning minority business enterprises.

(A) In all bid notifications and specifications for any contract authorized under section 123.15 of the Revised Code and in any contract covered by division (D) of section 123.15 1 of the Revised Code the following provisions shall be included:

(1) The contractor shall make every effort to ensure that certified minority business subcontractors and materialmen participate in the contract.

(a) In the case of contracts specified in division (A), (B), or (C) of section 153.02 of the Revised Code, the total value of subcontracts awarded to and materials and services purchased from minority businesses shall be at least ten per cent of the total value of the contract, wherever possible.

(b) In the case of all other contracts, the total value of subcontracts awarded to minority businesses shall equal at least five per cent of the total value of the contract. The total value of both the subcontracts awarded to and the purchases of materials made from such businesses shall equal at least ten per cent of the total value of the contract, wherever possible.

(2) Except as provided in divisions (C)(3) and (C)(4) of section 123.151 of the Revised Code, the department of administrative services will not enter into any contract authorized under section 123.15 of the Revised Code, including any contract set aside under division (C)(1) of section 123.151 of the Revised Code, unless the contract contains a provision stipulating that the contractor will award subcontracts totaling no less than five per cent of the total value of the contract to minority businesses certified under division (B) of section 123.151 of the Revised Code and that the total value of both the material purchased from such minority businesses and of the subcontracts awarded to such minority businesses will equal at least seven per cent of the total value of the contract; except that in the case of contracts specified in division (A), (B), or (C) of section 153.02 of the Revised Code, the contractor shall stipulate that the total value of both the subcontracts awarded to and the materials and services purchased from certified minority businesses will equal at least seven per cent of the total value of the contract; but for the purposes of meeting the seven per cent requirement, the value of services shall not be more than five per cent of the total value of the contract.

(3) When a contractor is unable to meet the per cent requirements of division (C)(2) of section 123.151 of the Revised Code because, having made a good faith effort, he is unable to locate qualified minority businesses available to accept subcontracts or sell materials or services, he may apply to the set aside review board for a waiver or modification of the requirements. If the board finds that the contractor has made a good faith effort to locate and reach agreement with minority business subcontractors or materialmen or service providers but has been unable to do so due to circumstances beyond the reasonable control of the contractor, it may authorize the contract to include, in lieu of the per cent requirements of division (C)(2) of section 123.151 of the Revised Code, a provision stipulating a lesser per cent of the total value of the contract to be designated for minority business subcontractors and materialmen or it may waive such provision entirely, or stipulate a higher percentage of services permissable in contracts specified in division (A), (B), or (C) of section 153.02 of the Revised Code.

(4) The successful bidder shall notify the contracting agency, within thirty days after the date on which bids are opened, but at least five business days prior to the award or execution of a contract, of the provisions he has made or reasonably can be expected to make in order to meet the provisions of division (C)(2) of section 123.151 of the Revised Code.

Notification shall include a statement of the bidder's present intention concerning which portions of the contract will be awarded to minority business subcontractors and materialmen and the identity of the intended subcontractors or materialmen, if any.

(B) No contract authorized under section 123.15 of the Revised Code and no contract covered by division (D) of section 123.151 of the Revised Code shall be valid and enforceable unless the selected subcontractors designated to meet the provisions of division (C)(2) of section 123.151 of the Revised Code have been duly certified as minority business enterprises pursuant to division (B)(2) of section 123.151 of the Revised Code and rule 123:2-15-01 of the Administrative Code.

Eff (Amended) 5-14-81; 8-1-81
Rule promulgated under: RC Chapter 119, review dates: 10/20/2001
Rule amplifies: RC 123.151(C)(5)