Ohio Admin. Code 123:5-1-16 - Implementation of veterans preference program
(A)
Veteran-friendly
business enterprise certification process
(1)
To be certified
as a veteran-friendly business enterprise, an applicant business shall be in
good standing with federal, state, and local governments, and shall apply to
the department of administrative services for certification.
(2)
An applicant
business shall provide the department of administrative services with a copy of
a record verifying veteran status or documentation demonstrating active service
for each employee, partner, member, or director until at least one of the
requirements of paragraph JJ of rule
123:5-1-01 of the
Administrative Code is satisfied. In order to verify the accuracy of each
record verifying veteran status or documentation demonstrating active service,
the department of administrative services will review all documentation that
the business applying for certification as a veteran-friendly business
enterprise provides and may require additional information as necessary, which
the applicant business shall provide.
(3)
Upon submission
and review of all requested documentation, the department of administrative
services may issue a certificate to a qualified applicant business designating
the business as a veteran-friendly business enterprise. A certificate shall be
valid for up to two years.
(4)
A
veteran-friendly business enterprise must apply to renew its certification
before it expires to maintain continuous certification in the program. A
veteran-friendly business enterprise will be notified of its obligation to
renew its certificate at sixty and thirty days prior to the expiration of its
current certification. In order to renew the certification, the
veteran-friendly business enterprise must comply with paragrah (A)(2) of rule
123:5-1-16 of the Administrative Code.
(5)
Each
veteran-friendly business enterprise must remain in good standing with federal,
state, and local governments and in compliance with the veteran employment
standard during its certification period. The department of administrative
services may conduct compliance reviews of a veteran-friendly business
enterprise to ensure its continued eligibility for the program. A
veteran-friendly business enterprise may have its certification revoked for any
of the following reasons:
(a)
The business has failed to remain in compliance with
the veteran employment standard;
(b)
The business
intentionally misrepresented material facts in its certification
application;
(c)
If the actions of the business, its owner or owners
result in a criminal conviction of the business or any of its owners;
or
(d)
Revocation of the business's certification is in the
best interest of the state, which determination may be based on, but not
limited to, debarment by the federal government, the State of Ohio or any of
its political subdivisions, or any other state.
(6)
This section of
the administrative code shall apply to all state agencies' purchases made under
Chapter 125. of the Revised Code.
(7)
The bids or
offers submitted by the veteran-friendly business enterprise may be rejected if
they contain an excessive price as defined in rule
123:5-1-06
of the Administrative Code, as amended.
(B)
Procedures for
applying preference for veteran-friendly business enterprises:
(1)
Bids or proposals
will first be evaluated to determine whether a response is from a
veteran-friendly business enterprise. Information furnished in the response by
the bidder or offeror shall be relied upon but may be verified in making the
determination. Any response that does not meet this requirement may be removed,
except in those circumstances where the director of the department of
administrative services or the director's designee determines compliance would
result in the state paying an excessive price or acquiring an inferior product
as described in paragraph (B) (3) of this rule.
(2)
Following the
determination at paragraph (B) (1) of this rule and the application of any
applicable preference pursuant to rule
123:5-1-06
of the Administrative Code, the bids or proposals shall be evaluated so as to
give preference to veteran-friendly business enterprise bids or proposals for
goods or services. A veteran-friendly business enterprise must have an active
certification at the time of bid or proposal opening to receive the preference
for veteran-friendly business enterprises. If the veteran-friendly business
enterprise preference is applied then the preferences under paragraphs (A)(2)
to (A)(4) of rule
123:5-1-06
and rule
123:5-1-14
of the Administrative Code shall not apply. Where the preliminary analysis of
bids or proposals identifies the apparent low bid or most advantageous proposal
as a veteran-friendly business enterprise response, the director or the
director's designee shall proceed with evaluation and award procedure as
provided in rule
123:5-1-07
of the Administrative Code.
(3)
Where the
preliminary analysis identifies the apparent low bid as one other than a
veteran-friendly business enterprise bid, the director or the director's
designee shall apply the following preferences:
(a)
If the apparent
low bid is one other than a veteran-friendly business enterprise bid, apply
five per cent to the price. For purposes of the veteran-friendly business
enterprise preference, "excessive price" shall be construed to mean a price
that exceeds by more than five per cent the lowest price submitted on a
non-veteran-friendly business enterprise bid.
(b)
If sufficient
competition does not exist or if it is determined that all prices are
excessive, the department may cancel the bid in its entirety, may re-bid the
intended purchase, or award the contract.
(4)
Where the
preliminary analysis identifies the apparent most advantageous proposal as one
other than a veteran-friendly business enterprise response, the director or the
director's designee shall apply the following preferences:
(a)
If the apparent
most advantageous proposal is one other than a veteran-friendly business
enterprise proposal, subtract five percent of the available points from the
proposal's score.
(b)
If sufficient competition does not exist or if it is
determined that any of the conditions identified under paragraph (F) of rule
123:5-1-08
of the Administrative Code are met, the department reserves the right to
cancel, reissue or reject all responses, in whole or in part.
(5)
After
application of the preferences in paragraphs (B)(3) and (B)(4) of this rule,
the director shall propose an award in the following manner:
(a)
When conducting a
competitive sealed bid and where the director or the director's designee
determines that selection of the lowest veteran-friendly business enterprise
bid will not result in an excessive price or disproportionately inferior
product or service, the director or the director's designee shall propose a
contract award to the lowest responsible and responsive veteran-friendly
business enterprise bid at the offered bid price. Where, otherwise, the
director determines it is advantageous to propose the award of contract to
other than a veteran-friendly business enterprise bid, the director shall
propose same. The final contract award shall be made following further
evaluation and award under rule
123:5-1-07
of the Administrative Code. The director or the director's designee shall at
all times reserve the right to reject all bids, award partial bids, or rebid if
it is deemed in the best interest of the state to do so.
(b)
When conducting a
competitive sealed proposal and where the director or the director's designee
determines that selection of a veteran-friendly business enterprise proposal
will be most advantageous to this state, the director or the director's
designee shall propose a contract award to such veteran-friendly business
enterprise offeror. Where, otherwise, the director determines it is most
advantageous to propose the award of contract to other than a veteran-friendly
business enterprise offeror, the director shall propose same. The final
contract award shall be made following further evaluation and award under rule
123:5-1-08
of the Administrative Code. The director or the director's designee shall at
all times reserve the right to cancel, reissue or reject all responses, in
whole or in part if it is deemed in the best interest of the state to do
so.
Notes
Promulgated Under: 119.03
Statutory Authority: ORC 9.318
Rule Amplifies: ORC 9.318
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