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Public Hearing - Construction Bidding & Contracting Rules (5501:2-03; 5501:2-3-05; 5501:2-3-08; and 5501:2-3-10)
Feb
08
Start: Monday, February 8, 2021
End: Monday, February 8, 2021
10:00 AM - 12:00 PM
Teleconference: Microsoft Teams Meeting
Microsoft Teams Meeting , call 1-614-721-2972. Then enter the meeting I.D. which is 911 673 534#.

NOTICE OF PUBLIC HEARING 

OHIO DEPARTMENT OF TRANSPORTATION

                     DATE:                Friday, January 8, 2021     
                     TIME:                10am
                     LOCATION:      Teleconference

Due to COVID-19 precautions, this public meeting will be conducted virtually via Microsoft Teams Meeting.  Anyone wishing to attend and/or testify can join by calling in at the above date and time to 1-614-721-2972.  Then enter the meeting I.D. which is 911 673 534#.  Written testimony may also be submitted electronically to Brianne.Brown@dot.ohio.gov The public hearing will continue until all parties in attendance have an opportunity to be heard.

 

Pursuant to Ohio Administrative Code 5501-2-05 and Ohio Revised Code Section 119.03, notice is hereby given that the Ohio Department of Transportation intends to consider the amendment of the rules identified below and of a public hearing thereon.

Rule 5501:2-3-03, entitled Responsibility and competency, is being proposed for amendment to lower the net worth threshold necessary to qualify as a prime contractor applicant.  This reduces the risk of a newly formed company overextending itself and reduces the chance of failure on an ODOT project. 

 Rule 5501:2-3-05, entitled Certification of qualification, is also being proposed for amendment to lower the net worth threshold necessary to qualify as a prime contractor applicant.  Again, this reduces the risk of a newly formed company overextending itself and reduces the chance of failure on an ODOT project. 

Rule 5501:2-3-08, entitled Subcontracting procedure is being proposed for amendment to increase the subcontract amount allowed, which is low risk given that subcontractors who perform work on ODOT projects must be qualified to perform complicated work and ODOT is protected by its contract with the prime contractor and its bonding.  It is the intention of ODOT to allow these companies to perform more work on bigger projects, therefore giving them more opportunities to grow and potentially become a prime contractor themselves.

Rule 5501:2-3-10, entitled Revocation and debarment is being proposed for amendment to give ODOT the ability to revoke an existing certificate of qualification without the full 119 proceeding of a debarment since revocation of a certificate is a temporary pause on some or part of the work a contractor performs for ODOT.  Thus, there needs to be a lesser standard and lesser process for revoking a prequalification versus a debarment proceeding, requiring a full 119 Administrative Process with appeal rights.  Revocation of prequalification was never intended to be that onerous for the contractor or ODOT.  

A copy of the proposed rules is available, without charge, to any person affected by the rules at the email address listed below. The rules are also available on the internet at: http://www.registerofohio.state.oh.us/.  The Ohio Department of Transportation shall hold a public hearing on the proposed rules at the date, time, and location listed at the top of this notice.  Either oral or written testimony will be taken at the public hearing.  Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.  


Individuals desiring only to submit their position, arguments, or contentions in writing (written statement) may do so by submitting them to Brianne.Brown@dot.ohio.gov.  Requests for a copy of the proposed rules or comments on the rules should be submitted by email to Brianne.Brown@dot.ohio.gov .