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