(A) Authority
This rule is established by authority conferred upon the
chancellor of the Ohio board of regents
department of higher education in division (D) of
section 3345.51 of the Revised Code upon
consultation with representatives of institutions of higher education. This
rule shall only apply to capital projects exceeding four million dollars in
state capital appropriations dollars which are locally administered pursuant to
sections 123.24 and
3345.51 of the Revised
Code.
(B) Definitions
(1) "Institution" means a state university, a
state community college, and the northeaster
northeast
Ohio universities college of medicine
medical university.
(2) "Capital project" means a project
exceeding four million dollars in state capital appropriations dollars which
consists of construction, reconstruction, improvement, renovation, enlargement,
or alteration, or other structural, mechanical, electrical or telecommunication
improvements, or the installation of heating, cooling, or ventilating plant or
other equipment or material supplied therefore.
(3) "Contract documents" means the standard
conditions of contract for construction and the agreements for professional
services for design associates and construction managers.
(4) "Institutional Designee" means the
individual designated by the institution as the one principal contact for all
capital projects for which local administration has been granted. The
"Institutional Designee" may be either a university architect or engineer,
director of capital facilities, or institution vice president empowered by the
institution with a level of authority similar to the state architect.
(C) Monitoring of
capital facilities projects administered by the institutions.
As part of the biennial process for monitoring local
administration, the institution shall submit the following for review by the
chancellor of the board of regents
department of higher education or designee:
(1) Within sixty days after the effective
date of the section of an act in which the general assembly initially makes an
appropriation for a capital project to be administered pursuant to rule
3333-1-28 of the Administrative
Code, or as requested by the chancellor of the board of regents or designee,
the institution shall submit the following:
(a) The name and credentials of the
individual serving as the "Institutional Designee" for both ongoing and new
capital projects.
(b) The names
and credentials of the staff for both ongoing and new capital
projects.
(c) The names of
institution staff who have received local administration certification training
under section 123.24 of the Revised
Code.
(d) Evidence that the
institution's local administration certification granted under section
123.24 of the Revised Code is
still in effect.
(e) Evidence of
the institution's previous project management experience.
The institution shall submit a list of locally administered
projects; each project's total budget amount; the square footage of each
project (if applicable); each project's schedule; each project's administration
team; and the current status of each project including any pending
claims.
(2) The
audit reports from biennial audits conducted by the institution pursuant to
division (C) of section
3345.51 of the Revised Code and
rule
3333-1-29 of the Administrative
Code.
(3) Any other information
requested by the chancellor of the board of
regents
department of higher education or
designee.
(D) Basis for
revocation
The chancellor of the board of
regents
department of higher education
may revoke the authority of an institution of higher education to locally
administer capital projects under the authority of section
3345.51 of the Revised Code if
any of the following occur:
(1) The
department of administrative services
Ohio facilities construction commission has revoked
the institution of higher education's local administration certification under
section 123.24 of the Revised Code.
(2) The institution has not
complied with rule
3333-1-28 of the Administrative
Code; or
(3) The institution has
not conducted the biennial audit in accordance with division (C) of section
3345.51 of the Revised Code and
rule 3333-29 of the Administrative Code.
(E) Actions taken by the chancellor
In the event the biennial audit conducted by the institution
reveals the institution has not materially complied with Chapters 9., 123., and
153. of the Revised Code in administering its capital projects, the chancellor
may, at its discretion, take one of the following actions:
(1) Issue a written warning to the
institution requesting correction of the problem within ninety days of receipt
of the written warning; or
(2)
Place the institution on probation for an appropriate period of time;
or
(3) If the institution is
already on probation, revoke the certification of the institution.
(F) Actions of an institution of
higher education following revocation.
After an institution has had its certification revoked by
either the department of administrative
services
Ohio facilities construction
commission or the chancellor, the institution shall do the
following:
(1) Reapply to the
department of administrative services under section
123.24 of the Revised Code;
and
(2) Petition the chancellor for
reinstatement of its authority under section
3345.51 of the Revised Code;
and
(3) Have the board of trustees
of the institution reissue its intent to be bound by the terms of section
153.13 of the Revised Code and
the guidelines established pursuant to section
153.16 of the Revised
Code.
