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

(A) Each state agency awarding a contract subject to the provisions of section 123.152 of the Revised Code shall specify in each contract the EDGE goal for subcontracts awarded to and materials and services purchased from EDGE certified business enterprises in order to meet the agency's overall EDGE goal.3

(B) Any contractor awarded a contract under Chapters 123., 125., and 153. of the Revised Code shall make a good faith effort to comply with the EDGE business enterprise goal established for the contract pursuant to division (B)(2) of section 123.152 of the Revised Code, and of this chapter.

(C) Whenever a contractor is unable to comply with the EDGE goal for a contract established pursuant to division (B)(2) of section 123.152 of the Revised Code, and this chapter, for contracting with EDGE business enterprises, having made a good faith effort, the contractor may apply in writing, on a form prescribed by the department of administrative services, to the director of administrative services or to the contract letting state agency for a waiver or modification of the goal.

(D) The director of administrative services, or for projects within a state agency for which local administration has been approved, the chief officer of that state agency authorized to enter into a contract pursuant to Chapters 123., 125., and 153. of the Revised Code, may determine that a contractor bidding on contracts authorized pursuant to Chapters 123., 125., and 153. of the Revised Code has made a good faith effort to include the appropriate level of EDGE certified business enterprise participation in the contract bid, as required by this chapter. For purposes of such determination, the director or the chief officer of a state agency shall consider whether the contractor has documented the following:

(1) The bidder or contractor utilized reasonable and available means to solicit all certified EDGE business enterprises that have the capability to perform the work of the contract.

(2) The bidder or contractor selected portions of the contracted work to increase the likelihood of participation by EDGE certified business enterprises.

(3) The bidder or contractor provided all appropriate certified EDGE business enterprises with adequate information about the plans, specifications and requirements of the contract. The information about the plans, specifications and requirements of the contract shall be provided in time for EDGE certified business enterprises to bid on the project.

(4) The bidder or contractor negotiated in good faith with interested certified EDGE business enterprises. To demonstrate good faith negotiations, the contractor shall provide the director with evidence of such negotiations, including but not limited to names, addresses, dates, and telephone numbers of the EDGE certified business enterprises considered.

(5) The bidder or contractor properly rejected an interested certified EDGE business enterprise as being unqualified for the work of the contract. A contractor's rejection of an EDGE certified business enterprise based on standing within an appropriate industry or membership or affiliation, in a business, social or political group is not a basis for a proper rejection.

(6) The bidder or contractor utilized the services of one of more organizations that provide contractor assistance in the identification and recruitment of EDGE certified business enterprises.

(7) The bidder or contractor utilized the list of qualified EDGE certified business enterprises as provided by the equal employment opportunity division of the department of administrative services.

(E) To receive a waiver of the EDGE goal, established pursuant to this chapter, the bidder or contractor shall submit evidence acceptable to the director of administrative services or his designee, or the chief officer of the contract-letting state agency, in the form and manner required, demonstrating that the bidder or contractor made the level of good faith effort deemed necessary to justify the granting of a waiver. In granting or denying such waiver, the director of administrative services or his designee, or the chief officer of the contract-letting state agency shall prepare a written report in a form prescribed by the equal opportunity division of the department of administrative services, which report shall include an evaluation of the bidder's or contractor's specific efforts to comply with the requirements set forth in paragraphs (D)(1) to (D)(7) of this rule. This report and the decision as to waiver shall be submitted to the equal opportunity division of the department of administrative services within thirty days of the grant or denial of the waiver.

Effective: 03/16/2009
R.C. 119.032 review dates: 09/19/2008 and 03/16/2014
Promulgated Under: 119.03
Statutory Authority: 123.152
Rule Amplifies: 123.152
Prior Effective Dates: 11/26/2004