Chapter 5501:2-12 | Veteran-friendly Business Enterprise Bid Preference

Rule 5501:2-12-01 | Definitions.

• Effective: August 28, 2022
• Promulgated Under: 119.03

As used in this division of Administrative Code:

(A) "Bid response" means all documents, whether attached or incorporated by reference, supplied by the bidder in response to an invitation to bid.

(B) "Bidder" means the person or firm that submits a bid response to an invitation to bid.

(C) "Competitive sealed proposal" means offering of proposals in response to a request for proposal by a state agency for the purchase of supplies and/or services.

(D) "Invitation to bid" or "ITB" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

(E) "Offeror" means the person or firm which submits a proposal in response to a request for proposal.

(F) "Products" means materials, manufacturer's supplies, merchandise, goods, ware, and foodstuffs.

(G) "Proposal" means all documents, whether attached or incorporated by reference, supplied by the offeror in response to a request for proposal.

(H) "Purchase" means to buy, rent, lease, lease purchase, or otherwise acquire supplies or services and includes all functions that pertain to the obtaining of supplies of services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, all phases of contract administration, and receipt and acceptance of the supplies and services and payment for them.

(I) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals from offerors.

(J) "Supplies" means all property, including, but not limited to, equipment, materials, other tangible assets, and insurance, but excluding real property or an interest in real property.

(K) "State agency" has the same meaning as in section 1.60 of the Revised Code, but does not include the elected state officers, the general assembly or any legislative agency, a court or any judicial agency, or a state institution of higher education.

(L) "Director" or "Department" as used under rule 5501:2-12-02 of the Administrative Code, shall mean the director of the department of transportation or department of transportation unless specifically referenced otherwise.

Last updated August 29, 2022 at 2:13 PM

Supplemental Information

Authorized By: 5501.02, 5501.83, 122.925
Amplifies: 5513.01, 5525.01, 5526.01
Five Year Review Date: 8/18/2027
Prior Effective Dates: 4/28/2017

Rule 5501:2-12-02 | Implementation of veteran-friendly business enterprise bid preference for the purchase of supplies and services.

• Effective: August 28, 2022
• Promulgated Under: 119.03

When conducting solicitations for the purchase of supplies and services, the department of transportation shall apply the preferences as set forth in rule 123:5-1-06 of the Administrative Code.

Last updated March 24, 2023 at 1:15 PM

Supplemental Information

Authorized By: 5501.02, 5501.83, 122.925
Amplifies: 5513.01, 5525.01, 5526.01
Five Year Review Date: 8/18/2027

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

• Effective: August 28, 2022
• Promulgated Under: 119.03

(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 Title 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.

Last updated March 24, 2023 at 1:16 PM

Supplemental Information

Authorized By: 5501.02, 5501.83, 122.925
Amplifies: 5513.01, 5525.01, 5526.01
Five Year Review Date: 8/18/2027
Prior Effective Dates: 4/28/2017

Rule 5501:2-12-04 | Implementation of veteran-friendly business enterprise bid preference on the acquisition of professional services.

• Effective: August 28, 2022
• Promulgated Under: 119.03

(A) Prior to the award of a contract for professional services under section 5526.05 of the Revised Code, the director of transportation shall determine if a qualified firm who would otherwise be eligible for contract award is a veteran-friendly business enterprise. If so, the director will continue with award of that contract if the director or the director's designee determines that selection of a veteran-friendly business enterprise firm will be most advantageous to this state. Where, otherwise, the director of transportation determines that it is most advantageous to propose the award of contract to other than a veteran-friendly business enterprise qualified firm, the director shall propose same.

(B) This rule shall not apply to contracts funded with federal funds unless prior approval of award is received from the United States secretary of transportation.

Last updated August 29, 2022 at 2:13 PM

Supplemental Information

Authorized By: 5501.02, 5501.83, 122.925
Amplifies: 5513.01, 5525.01, 5526.01
Five Year Review Date: 8/18/2027