Public Improvements

1. Public Improvements ORC Chapter 153

2. Overview • As a general premise, most of Ohio’s laws governing public improvements, such as competitive bidding, separate plans and contracts, nondiscrimination, etc., apply to state universities. • Flexibility exists however with respect tolocally administered projects under ORC Sections 3345.50-51(allowing universities to locally administer projects below $4 million). • Contracts for public improvement projects are subject to the provisions of ORC Chapter 124, governing the Department of Administrative Services.

3. Department of Administrative Services • ORC Chapter 124 creates and governs the Department of Administrative Services (“DAS”). • One of the functions of the DAS is to oversee state construction projects, via the State Architect’s Office (“SAO”). • The SAO offers several services to higher education institutions, including: • Capital planning • Project planning • Energy efficiency planning • Contracting document preparation

4. Competitive Bidding • Section 153.06 provides, “the owner . . . shall give public notice of the time and place when and where bids will be received for performing the labor and furnishing the materials of such construction, improvement, alteration, addition, or installation . . . ” • Bids are posted on the SAO’s website, under “Construction Bidding”

5. Affirmative Action • ORC Section 9.47 provides, “(A) Any person desiring to bid on a contract awarded pursuant to Chapter 153. of the Revised Code may make application for a certificate of compliance with affirmative action programs . . .” • ORC Section 153.08 provides, “No contract shall be entered into unless the bidder possesses a valid certificate of compliance with affirmative action programs issued pursuant to section 9.47 of the Revised Code and dated no earlier than one hundred eighty days prior to the date fixed for the opening of bids for a particular project. • ORC Section 153.59 provides, “Every contract for or on behalf of the state . . . shall contain provisions by which the contractor agrees to both of the following: • (A) That, in the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor, or any person acting on a contractor's or subcontractor's behalf, by reason of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color, shall discriminate against any citizen of the state in the employment of labor or workers who is qualified and available to perform the work to which the employment relates; • (B) That no contractor, subcontractor, or any person on a contractor's or subcontractor's behalf, in any manner, shall discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color.”

6. Minority Business Enterprises (“MBE”) • The Construction Compliance Unit is a division of the DAS whose purpose is to ensure state contractors implement and adhere to the State of Ohio’s affirmative action program pursuant to O.A.C.123:2-3-02. • This Unit has the responsibility for implementing the State of Ohio's MBE set-aside program. There are specific criteria in order for a business to qualify as an MBE, and thus be eligible for the set-aside program administered by the Construction Compliance Unit. • Specifically, this unit’s responsibilities include: • Issuance of certificates of compliance under ORC Sections 9.47 and 153.08; • Conducting project site visits and compliance reviews (desk audits) to ensure contractors utilize minorities and women in the construction trades; and • Maintaining a working environment free of discrimination, harassment and intimidation.

7. Building Plan Submission • Section 153.01 provides, “[w]henever any building or structure for the use of the state . . . including an educational institution . . . is to be erected or constructed, each officer, board, or other authority . . . referred to . . . as the owner, shall cause to be made, by an architect or engineer whose contract of employment shall be prepared and approved by the attorney general, the following: • (A) Full and accurate plans, suitable for the use of mechanics and other builders in the construction, improvement, addition, alteration, or installation; • (B) Details to scale and full-sized, so drawn and represented as to be easily understood; • (C) Accurate bills showing the exact quantity of different kinds of material necessary to the construction; • (D) Definite and complete specifications of the work to be performed, together with directions that will enable a competent mechanic or other builder to carry them out and afford bidders all needful information; • (E) A full and accurate estimate of each item of expense and the aggregate cost of those items of expense; • (F) A life-cycle cost analysis; [and] • (G) Further data as may be required by the department of administrative services.” • Sections 153.011 and 153.012 require that preference in the awarding of contracts be given to suppliers of domestic steel products, and contractors with a principal place of business in Ohio, respectively. • Section 153.013 requires that a contractor “comply with regulations or ordinances of the political subdivision,” subject to some specific criteria.