123:2-5-02 Post-award compliance review.

(A) The purpose of a post-award compliance review is to determine if a contractor or subcontractor maintains nondiscriminatory employment practices and is exerting good faith efforts to accomplish the goals of an affirmative action program. It shall consist of a comprehensive analysis of the contractor's or subcontractor's employment policies and practices, including but not limited to, hiring, placement, training and promotion.

(B) When authorized by the director of administrative services, the contracting agency may conduct a post-award compliance review of the contractor or subcontractor. Post-award compliance reviews shall include evaluation of the contractor's or subcontractor's employment and affirmative action records and existing state and non-state project sites. The contractor or subcontractor shall provide at the agency's request all records and support data pertaining to the contractor's or subcontractor's employment and affirmative action practices.The compliance officer of the contracting agency may request additional information from the contractor or subcontractor. On-site evaluations must be scheduled at a time agreeable to both the contracting agency and the contractor or subcontractor.

(C) Notice of a post-award compliance review shall be provided in writing at least ten business days before such review.

(D) Corrective action programs shall remain the sole property of the contractor or subcontractor.

Eff 6-9-75; 9-9-95
Rule promulgated under: RC 119.03 review dates: 3/1/2002
Rule authorized by: Executive Order of 1/27/72 and The Black Elected Democrats of Ohio, el al. v. Richard F. Celeste, Governor, the State of Ohio, et al. (3/18/88), S.D. Ohio No. C2-82-1198, unreported.
Rule amplifies: RC 126.021 , 153.08 , 153.59
Rule replaces: 123:2-5-02