123:2-15-05 Minority set aside review board procedures for emergency contracts.

(A) Whenever the Revised Code authorizes any state agency to dispense with normal competitive bidding procedures due to an emergency situation requiring immediate construction, the state agency shall notify the chairperson of the set aside review board, the equal employment opportunity coordinator, and the minority business division of the department of development of the particular type of work that the emergency contract will entail.

(B) Whenever a contractor on an emergency project is unable to locate and reach agreement with certified minority businesses available to accept subcontracts or sell materials or services, the contractor may apply to the set aside review board for a waiver or modification of the requirement of division (C)(2) of section 123.151 of the Revised Code pursuant to the procedures in rule 123:2-15-04 of the Administrative Code.

(1) If, due to the nature of the emergency, the contractor must begin work before the next scheduled meeting of the set aside review board, the contractor should contact the chairperson of the set aside review board to request a waiver or a modification, provided the chairperson receives assurances that the provisions of rule 123:2-15-04 of the Administrative Code. The contractor has complied with rule 123:2-15-04 of the Administrative Code. The board may delegate to the chairperson the authority to act on behalf of the entire board. The board may ratify or modify the decision of the chairperson at the next regularly scheduled meeting.

(2) In making a determination of the contractor's good faith effort to locate and reach agreement with qualified minority businesses, the chairperson shall consider the emergency nature of the contract in addition to such other relevant factors as the board may consider.

Eff 3-1-82; 5-18-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 123.151
Rule amplifies: RC 123.151
ORC 119.032 Review Date: 10/20/01