Lawriter - OAC - 123:2-16-12 Proposals.

123:2-16-12 Proposals.

(A) For professional services and information technology:

(1) For every competitive sealed proposal and for every request for proposal issued by the director of administrative services or any other contract-letting agency, the respective state agency shall determine whether EDGE participation is feasible for the procurement based on EDGE availability.

(2) When an EDGE participation goal is included in the competitive sealed proposal or request for proposal, the goal shall be established in accordance with the goal setting process established in rule 123:2-16-08 of the Administrative Code. The proposal evaluation process shall include evaluation of EDGE participation.

(B) For construction, architect, engineer, and related professional services:

(1) The director of the department of administrative services or in the case of a construction contract or project authorized pursuant to Chapters 123., 125., and 153. of the Revised Code to be administered by another state agency, or a state agency approved to locally administer the specific project (hereinafter "contracting authority") shall determine, or cause to be determined the reasonable and applicable EDGE participation goal for each contract anticipated to be awarded. Awards shall be by competitive bid in the case of construction contract awards and by means of a proposal process for contract awards for architect, engineering and professional services.

(2) The contracting authority shall complete the goal determination prior to advertising the contract for bidding or prior to the issuance of a request for proposal and shall publish the EDGE participation goals for the contract in the advertisement for bidding or in the request for proposal solicitation.

(3) The contracting authority shall determine the EDGE participation goal by following the goal setting process described in rule 123:2-16-08 of the Administrative Code and through an analysis of pertinent factors, including, but not limited to, an evaluation of the following:

(a) The type and scope of services anticipated.

(b) The number of known EDGE business enterprises providing the anticipated services and relevant supporting services.

(c) The total number of known firms providing the anticipated services and relevant supporting services.

(d) The goal shall be stated as percentage of the total dollars expended.

(4) Every contract awarded pursuant to this rule shall include the same EDGE participation goal as established and published in the advertisement for bidding or proposal solicitation for the particular contract, unless otherwise waived or modified.

(5) The contracting authority using a process that includes an evaluation to measure the proposed and actual participation by EDGE business enterprises shall evaluate every proposal and contract awarded under rule 123:2-16-12 of the Administrative Code.

Effective: 2/1/2016
Five Year Review (FYR) Dates: 11/05/2015 and 11/20/2020
Promulgated Under: 119.03
Statutory Authority: R.C. 123.152
Rule Amplifies: R.C. 123.152
Prior Effective Dates: 11/26/2004