Chapter 123:2-5 Compliance Reviews

123:2-5-01 Pre-award compliance review.

(A) The purpose of a pre-award compliance review is determine if a contractor or subcontractor maintains nondiscriminatory employment practices, maintains an affirmative action program and is exerting good faith efforts to accomplish the goals of the 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) The contracting agency may conduct a pre-award compliance review when authorized by the director of administrative services. Notice of a pre-award compliance review shall be included in the invitation to bid. Where the contract is negotiated, notice of the pre-award compliance review must be provided at the beginning of negotiations.

(C) A pre-award compliance review may include an abbreviated review of the contractor's or subcontractor's employment and affirmative action records and an immediate on-site review, when time constraints for contract award mandate. Notwithstanding the foregoing, a pre-award compliance review must be conducted in conformity with the requirements of a post-award compliance review.

(D) Contractors or subcontractors must submit the information required for review of the contractor's or subcontractor's employment and affirmative action practices no later than ten business days after receipt of the contracting agency's request. Contractors and/or subcontractors may be found to be not responsive for failing to respond to the request for records.

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, et 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
Replaces: Former 123:2-5-01

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

123:2-5-03 Post-review report.

Within ten business days of the compliance review, the compliance officer of the contracting agency shall submit to the director of administrative services a post-review report of the deficiencies, if any, found in the contractor's or subcontractor's employment and affirmative action practices.

Eff 6-9-75; 1-18-95; 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, et 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
Replaces: Former 123:2-5-03

123:2-5-04 Conciliation agreement.

(A) Upon completion of the compliance review, a meeting shall be scheduled with the contractor or subcontractor to review the findings of the compliance review and to initiate any necessary conciliation efforts. A written account of the discussion and any conciliation agreement shall be provided to the contractor or subcontractor.

(B) Where the contractor or subcontractor disagrees with the findings of the compliance review or is unable to comply with the conciliation agreement, further meetings shall be scheduled at the request of the contractor or subcontractor. The contracting agency shall notify the director of administrative services of all attempts for conciliation, including scheduled meetings.

(C) A conciliation agreement shall include the contractor's or subcontractor's specific commitment, in writing, to correct any deficiencies found during the compliance review. The commitment must include the action to be taken and the target dates for accomplishment. The time allotted shall be no longer than the minimum period necessary to correct such deficiencies. Upon approval of the director of administrative services, the contractor or subcontractor may be considered responsive and responsible to the requirements of Chapters 123:2-3 through 123:2-9 of the Administrative Code, on condition that the contractor or subcontractor implements and enforces the commitments of the conciliation agreement.

(D) Where a compliance review indicates that a contractor or subcontractor may not be exerting good faith efforts to accomplish the goals of an affirmative action program and a conciliation agreement can not be reached, the director of administrative services shall provide the contractor or subcontractor with an opportunity for an adjudication hearing, in conformity with Chapter 119. of the Revised Code.

Eff 6-9-75; 1-18-85; 9-1-95
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, et 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
Replaces: Former 123:2-5-05