Due to the overwhelming response to the email sent on Dec. 24, 2013 titled “DAS/EOD Proposed Rule Changes for Chapter 123:2-15 and 123:2-16,” the Equal Opportunity Division of the Ohio Department of Administrative Services is amending the available timeframe for review and/or comments. As stakeholders, we greatly appreciate your review and comments, and would like to take this opportunity to apologize for the original shortened timeline to review the rules and submit comments. Therefore, we are extending the deadline to Friday, Jan. 31, 2014. Please e-mail your comments to the Division at eod@das.ohio.gov by the close of business on Friday, Jan. 31, 2014. PLEASE NOTE: When submitting comments, please include the identifying rule number and name in the email subject.
Additionally, there will be a public stakeholders meeting on Jan. 29, 2014. Details and registration information about the meeting are forthcoming.
Also, we would like to provide you additional information to help guide you in understanding the Division’s rationale for the proposed changes, modification and/or rescinding of the Ohio Administrative Rules.
Every five (5) years, the Division is required to review these rules and make recommendation for modification or refiling of the same rule. The following is a breakdown by effected code:
|
Business Enterprise (MBE) | Ohio Administrative Code 123:2-15 |
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| Ohio Administrative Code | Code Title |
Proposed Change |
Effect on Current MBE Program |
| 123:2-15-02 | Bid notifications and specifications concerning minority business enterprise |
Rescission |
None: Rule pertains to the functions of the Set Aside Review Board that was deactivated in Oct. 1998 due to construction portion of MBE program being ruled unconstitutional.- Does not effect any current MBE Ohio Revised Codes or other administrative codes. |
| 123:2-15-03 | Minority set aside review board established |
Rescission |
None: Rule pertains to the functions of the Set Aside Review Board that was deactivated in Oct. 1998 due to construction portion of MBE program being ruled unconstitutional.- Does not effect any current MBE Ohio Revised Codes or other administrative codes. |
| 123:2-15-04 | Application to the minority set aside review board |
Rescission |
None: Rule pertains to the functions of the Set Aside Review Board that was deactivated in Oct. 1998 due to construction portion of MBE program being ruled unconstitutional.- Does not effect any current MBE Ohio Revised Codes or other administrative codes. |
| 123:2-15-05 | Minority set aside review board procedures for emergency contracts |
Rescission |
None: Rule pertains to the functions of the Set Aside Review Board that was deactivated in Oct. 1998 due to construction portion of MBE program being ruled unconstitutional.- Does not effect any current MBE Ohio Revised Codes or other administrative codes. |
| 123:2-15-06 | Minority set aside review board notice of meetings |
Rescission |
None: Rule pertains to the functions of the Set Aside Review Board that was deactivated in Oct. 1998 due to construction portion of MBE program being ruled unconstitutional.- Does not effect any current MBE Ohio Revised Codes or other administrative codes. |
|
Encouraging Diversity, Growth and Equity (EDGE) | Ohio Administrative Code 123:2-16 |
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| Ohio Administrative Code | Code Title |
Proposed Change |
| 123:2-16-01 | Definitions | Modification: Provides for clearer definitions for rule terms. Defines company size limitations for remaining in the program and other minor modifications. |
| 123:2-16-02 | Certification criteria | Modification: Clarifies and ownership and control. Identifies that control is comprised of operational control, managerial control, and independence and other minor modifications. |
| 123:2-16-03 | Certification of business structure | Modification: Further refines “control” and other minor modifications. |
| 123:2-16-04 | Expedited certification | Modification: Updates same or similar program for inclusion into the program and other minor modifications. |
| 123:2-16-05 | Recertification | Modification: Clarifies language used to recertify a company into the program and other minor modifications. |
| 123:2-16-06 | Decertification | Modification: Defines removal for cause and other minor modifications. |
| 123:2-16-09 | Demonstration of good faith effort to include EDGE business participation | Modification: Place addition requirements on the prime contract to ensure that good faith efforts are obtained and other minor modifications. |
| 123:2-16-13 | EDGE data collection | Modification: Add term “contract” as a requirement of tracking for state agencies and other minor modifications. |
| 123:2-16-14 | Joint venture | Modification: Add term “contract” as a requirement and other minor modifications. |
| 123:2-16-15 | Commercially useful function | Modification: Defined how to determine “commercially useful function” and when a company does not perform a “commercially useful function” and other minor modifications. |
For information call 614-4668380
