123:2-16-08 Edge participation goals.

(A) The director of the department of administrative services shall establish yearly contract dollar percentage procurement goals for each state agency for contracting with EDGE business enterprises, certified pursuant to section 123.152 of the Revised Code, in the award of contracts under chapters 123., 125., and 153. of the Revised Code for the following procurement categories:

(1) Goods and services

(2) Information technology services

(3) Construction

(4) Architecture and engineering

(5) Professional services The director shall provide the yearly contract dollar percentage procurement goals to each state agency by May fifteenth of each year to be effective for the following fiscal year.

(B) The director of the department of administrative services shall establish the yearly contract dollar percentage procurement goals required by paragraph (A) of this rule by means of the following two-step process:

(1) Step one of the goal setting process is to measure the availability of firms that are ready, willing and able to compete statewide or in a particular geographic region.

The director shall first determine the percentage of EDGE certified firms to all firms that are ready, willing and able to compete for work in the procurement categories listed in paragraph (A) of this rule. The director shall determine this percentage by dividing the number of EDGE firms ready, willing and able to bid for the types of work the state will fund for the fiscal year , by the total number of firms ready, willing, and able to bid for the types of work the state will fund for the fiscal year. To accurately calculate the above percentage, the EDGE certified firms considered in order to be considered ready, willing, and able to perform, the owner of the firm must possess all licenses required by the state to perform the appropriate type of the contemplated work and shall be as similar in nature as possible to the non-EDGE firms considered.

In addition, when calculating the above percentage, the director shall, based on the most refined data available, exclude businesses that, notwithstanding their standard industrial code or equivalent code classification, are not relevant to percentage analysis. The director shall not include firms in the statewide or regional percentage calculations, if the director determines that those firms do not perform that type of work in a particular geographic regions of the state, even if those firms appear on considered bidder or certification lists.

(2) Step two of the goal setting process. The director shall determine whether an adjustment to the step one base percentage is necessary. Step two shall be used, when necessary, to adjust the step one base percentage to make it as precise as possible . The director shall consider all available, relevant, and reliable evidence to determine whether an adjustment is warranted. Relevant and available data may include:

(a) Past participation data, including the volume of work performed by EDGE firms in recent years, or other measurements of demonstrated capacity.

(b) Evidence provided in disparity studies including relevant studies commissioned by contracting agencies and state political subdivisions.

(c) Statistical disparities found in the ability of EDGE firms to obtaining business financing, bonding, and insurance.

(d) Any other data, the director deems relevant.

If the available data does not suggest an adjustment is necessary, no adjustment should be made. If the percentage of EDGE firms derived from step one is similar to the percentage level of past EDGE participation, no adjustment is needed.

If the director determines that the data suggest that an adjustment is warranted, the director shall make the adjustment. The director shall ensure that there is a rational relationship between the data used to make the adjustment and the actual numerical adjustment made. If an adjustment is made based on past participation data, the director shall make the adjustment by taking the average of the figure obtained in step one and the figure that represents median past participation.

(C) The director of the department of administrative services may consult with each state agency in establishing the yearly procurement goals.

(D) The director of the department of administrative services may adopt additional policies, guidelines and directives to further implement and clarify the requirements of this chapter.

Eff 11-26-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 123.152
Rule amplifies: RC 123.152
R.C. 119.032 review dates: 11/26/2009