Ohio Admin. Code 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.
Notes
Rule promulgated under: RC 119.03 review dates:
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
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