Ohio Admin. Code 153:1-1-03 - Authority of a contracting authority in the award of qualification based selections
A contracting authority shall adhere to the following procedures for the approval or award of qualification based selection contracts:
(A)
The contracting authority shall not change the
recommendation of an interview committee or prevent the award of contract for a
qualification based selection unless the contracting authority, upon reviewing
the selection, discovers that one or more of the following exists:
(1)
The contract
cannot be awarded under section
9.24 of the Revised Code because
the person or firm has a finding for recovery issued by the auditor of state,
and the finding for recovery is unresolved;
(2)
The recommended
firm is debarred under section
153.02 of the Revised
Code;
(3)
The recommended firm has been found by a court to be
in default of a judgment or breach of settlement agreement;
(4)
The recommended
firm has violated section
3517.102 of the Revised Code by
exceeding allowable campaign contributions;
(5)
A correction of
a clerical error made by the selection coordinator or interview committee
changes the result of a selection;
(6)
A conflict of
interest exists between the evaluation committee or interview committee members
and proposing firms.
(B)
If the
contracting authority determines that one or more of the reasons in sections
(A)(1)-(5) of this rule exists, then the contracting authority shall reject the
recommendation of the interview committee and approve award to the firm next
determined to be the most qualified.
(C)
If the
contracting authority determines that section (A)(6) of this rule exists, then
the contracting authority shall reject the recommendation of the interview
committee, establish a new evaluation and or interview committee and repeat the
selection process.
(D)
If the contracting authority determines that the
evaluation committee or interview committee did not follow the appropriate
processes established in rule 153:1-01-01 of the Administrative Code, or had
inadequate documentation in support of the selection and is unable to cure the
failure to consider adequate documentation, the contracting authority may
reject the recommendation of the interview committee, establish a new
evaluation and or interview committee and repeat the selection
process.
(E)
If the firm that was recommended by the interview
committee is not awarded a contract due to reasons set forth in sections
(A)(1)-(4) of this rule, the contracting authority shall notify the affected
firm in writing and describe the reason(s) for rejection.
(1)
Only the
affected firm that was recommended by the interview committee but not awarded a
contract by the contracting authority may protest the decision within five days
and request a meeting seeking a final administrative decision. The reason(s)
for the protest must be in writing. The contracting authority shall consider
the objection within 15 days of the notice. This process is not subject to
Chapter 119 of the Revised Code.
(2)
No award of
contract shall be made final until the contracting authority either affirms or
reverses the rejection, which is the final administrative
decision.
(F)
If the recommended firm withdraws its proposal, the
contracting authority may approve award to the firm next determined to be the
most qualified.
(G)
The contracting authority reserves the right to waive
minor errors that do not change the results of a selection.
(H)
No section of
this rule requires a contracting authority to award a contract to any firm if
the owner decides to terminate the selection process and reject all proposals
at any time for any reason.
Notes
Promulgated Under: 119.03
Statutory Authority: 153.503
Rule Amplifies: 9.33 - 9.335, 153.50 - 153.581, 153.65 - 153.73
Prior Effective Dates: 03/27/2014
Promulgated Under: 153
Statutory Authority: 123.21
Rule Amplifies: 153.65, 153.693, 9.334
Prior Effective Dates: 03/27/2014
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