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S. B. No. 136 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Cafaro, Kearney
A BILL
To amend sections 123.152 and 3358.10 and to enact
sections 3354.161, 3355.121, and 3357.161 of the
Revised Code to require community colleges, state
community colleges, technical colleges, and
university branches to comply with minority
business enterprise set-aside requirements, and to
require the Director of Administrative Services to
establish guidelines for these entities and the
Northeast Ohio Medical University to establish
procurement goals for contracting with EDGE
business enterprises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.152 and 3358.10 be amended and
sections 3354.161, 3355.121, and 3357.161 of the Revised Code be
enacted to read as follows:
Sec. 123.152. (A) As used in this section, "EDGE:
(1) "EDGE business enterprise" means a sole proprietorship,
association, partnership, corporation, limited liability
corporation, or joint venture certified as a participant in the
encouraging diversity, growth, and equity program by the director
of administrative services under this section of the Revised Code.
(2) "State institution of higher education" means any state
university or college as defined in division (A)(1) of section
3345.12 of the Revised Code, community college established under
Chapter 3354. of the Revised Code, state community college
established under Chapter 3358. of the Revised Code, university
branch established under Chapter 3355. of the Revised Code, or
technical college established under Chapter 3357. of the Revised
Code, and includes the applicable boards of trustees or, in the
case of a university branch district, any other managing
authority.
(B) The director of administrative services shall establish a
business assistance program known as the encouraging diversity,
growth, and equity program and shall adopt rules in accordance
with Chapter 119. of the Revised Code to administer the program
that do all of the following:
(1) Establish procedures by which a sole proprietorship,
association, partnership, corporation, limited liability
corporation, or joint venture may apply for certification as an
EDGE business enterprise;
(2) Except as provided in division (B)(14) of this section,
establish agency procurement goals for contracting with EDGE
business enterprises in the award of contracts under Chapters
123., 125., and 153. of the Revised Code based on the availability
of eligible program participants by region or geographic area, as
determined by the director, and by standard industrial code or
equivalent code classification.
(a) Goals established under division (B)(2) of this section
shall be based on a percentage level of participation and a
percentage of contractor availability.
(b) Goals established under division (B)(2) of this section
shall be applied at the contract level, relative to an overall
dollar goal for each state agency, in accordance with the
following certification categories: construction, architecture,
and engineering; professional services; goods and services; and
information technology services.
(3) Establish a system of certifying EDGE business
enterprises based on a requirement that the business owner or
owners show both social and economic disadvantage based on the
following, as determined to be sufficient by the director:
(a) Relative wealth of the business seeking certification as
well as the personal wealth of the owner or owners of the
business;
(b) Social disadvantage based on any of the following:
(i) A rebuttable presumption when the business owner or
owners demonstrate membership in a racial minority group or show
personal disadvantage due to color, ethnic origin, gender,
physical disability, long-term residence in an environment
isolated from the mainstream of American society, location in an
area of high unemployment;
(ii) Some other demonstration of personal disadvantage not
common to other small businesses;
(iii) By business location in a qualified census tract.
(c) Economic disadvantage based on economic and business size
thresholds and eligibility criteria designed to stimulate economic
development through contract awards to businesses located in
qualified census tracts.
(4) Establish standards to determine when an EDGE business
enterprise no longer qualifies for EDGE business enterprise
certification;
(5) Develop a process for evaluating and adjusting goals
established by this section to determine what adjustments are
necessary to achieve participation goals established by the
director;
(6) Establish a point system or comparable system to evaluate
bid proposals to encourage EDGE business enterprises to
participate in the procurement of professional design and
information technology services;
(7) Establish a system to track data and analyze each
certification category established under division (B)(2)(b) of
this section;
(8) Establish a process to mediate complaints and to review
EDGE business enterprise certification appeals;
(9) Implement an outreach program to educate potential
participants about the encouraging diversity, growth, and equity
program;
(10) Establish a system to assist state agencies in
identifying and utilizing EDGE business enterprises in their
contracting processes;
(11) Implement a system of self-reporting by EDGE business
enterprises as well as an on-site inspection process to validate
the qualifications of an EDGE business enterprise;
(12) Establish a waiver mechanism to waive program goals or
participation requirements for those companies that, despite their
best-documented efforts, are unable to contract with certified
EDGE business enterprises;
(13) Establish a process for monitoring overall program
compliance in which equal employment opportunity officers
primarily are responsible for monitoring their respective
agencies;
(14) Establish guidelines for state universities as defined
in section 3345.011 of the Revised Code institutions of higher
education and the Ohio facilities construction commission created
in section 123.20 of the Revised Code for awarding contracts
pursuant to Chapters 153., 3318., and 3345. of the Revised Code to
allow the universities state institutions of higher education and
commission to establish agency procurement goals for contracting
with EDGE business enterprises.
(C) Business and personal financial information and trade
secrets submitted by encouraging diversity, growth, and equity
program applicants to the director pursuant to this section are
not public records for purposes of section 149.43 of the Revised
Code, unless the director presents the financial information or
trade secrets at a public hearing or public proceeding regarding
the applicant's eligibility to participate in the program.
Sec. 3354.161. In awarding contracts, the board of trustees
of a community college district shall set aside a percentage of
the contracts for competition by minority business enterprises
only as specified in division (B) of section 125.081 of the
Revised Code.
Sec. 3355.121. In awarding contracts, the managing authority
of the university branch district shall set aside a percentage of
the contracts for competition by minority business enterprises
only as specified in division (B) of section 125.081 of the
Revised Code.
Sec. 3357.161. In awarding contracts, the board of trustees
of a technical college district shall set aside a percentage of
the contracts for competition by minority business enterprises
only as specified in division (B) of section 125.081 of the
Revised Code.
Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, and
3354.16, and 3354.161 of the Revised Code apply to state community
college districts and their boards of trustees.
Section 2. That existing sections 123.152 and 3358.10 of the
Revised Code are hereby repealed.
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