5501:2-12-03 Implementation of veteran-friendly business enterprise bid preference on the construction of transportation facilities.

(A) Prior to the award of a contract for construction of a transportation facility, the director of transportation will compare the lowest bid or the most advantageous offer from the non-veteran-friendly business enterprise to the lowest bid or most advantageous offer from the veteran-friendly business enterprise, if any.

(B) To the extent allowed by federal law, the director of transportation shall proceed with the award of the contract containing the lowest bid or most advantageous offer from the veteran-friendly business enterprise unless:

(1) The veteran-friendly business enterprise does not meet the criteria for competency or responsibility as defined by the director of transportation under Chapter 55. of the Revised Code; or

(2) The bid or offer submitted by the veteran-friendly business enterprise contains an excessive price. For the purposes of this rule an excessive price shall be in two and one-half per cent above the lowest responsive and competent bidder.

Cite as Ohio Admin. Code 5501:2-12-03

Effective: 4/28/2017
Five Year Review (FYR) Dates: 02/10/2022
Promulgated Under: 119.03
Statutory Authority: 9.318
Rule Amplifies: 5513.01, 5525.01, 5526.01