(A) In accordance with division (A) of section 123.20 of the Revised Code, the commission may contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under Chapter 3318. of the Revised Code.
(B) In accordance with section 3318.10 of the Revised Code, when the construction multiple prime bids for all branches of work and materials have been tabulated, the contract shall be awarded by the school district board to the lowest responsible bidder subject to the approval of the commission.
In addition, the commission may also approve contracts that utilize project delivery methods for construction as authorized by the Revised Code, including single prime, design-build, and construction manager at risk.
(C) In accordance with section 3318.091 of the Revised Code, the employment of a qualified professional person or firm to provide professional design services for the project is subject to the approval of the commission.
(D) Pursuant to paragraphs (A) to (C) of this rule, the commission shall adhere to the following procedure for the approval of contracts.
(1) The commission shall convene regular or special meetings, as called by the chair, to approve contracts.
(2) The executive director or a designee shall present a recommendation to the commission for approval or disapproval of each proposed contract, as set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of contracts to be approved that provides a description of the selection process, the name of each contractor, and the amount of the contract.
(3) The commission will vote approval or disapproval of each contract request. The commission may approve multiple contracts listed on an appendix or exhibit in one vote.
(4) Following approval of the contract, the commission may authorize the executive director or a designee to take actions necessary to administer the performance of the contract.
(5) Notwithstanding paragraphs (D)(1) to (D)(4) of this rule, the commission may delegate the function of approval of contracts to its executive director.
Five Year Review (FYR) Dates: 12/28/2017 and 03/24/2023
Promulgated Under: 119.03
Statutory Authority: 123.20
Rule Amplifies: 123.20
Prior Effective Dates: 06/18/2002 (Emer.), 09/13/2002, 08/10/2012