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Ohio Administrative Code Update Chapter 153:1

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The Ohio Facilities Construction Commission is charged with keeping administrative code rule for the state's public improvements, which can be found in Chapter 153:1 of the Ohio Administrative Code. The Commission reviews these rules every five years as a part of the Joint Committee on Agency Rule Review process. At the end of 2016, the Commission reviewed 11 rules and created one new rule. The rule package can be reviewed on our website.

The Commission recommended changes to seven rules to update references from the Department of Administrative Services to the Facilities Construction Commission and updates website address for finding contract and surety bond forms. The one substantial change occurs in the two rules that govern the best value selection process in division 153:1-6. The change adds language that prohibits a public authority from creating an evaluation team with enough members to constitute a quorum of that public body. This will ensure the integrity and fairness of the evaluation and interview processes of short-listed firms.

The one new rule adjusts the public bidding threshold for state agency and higher education public improvement projects. Ohio Revised Code 153.53 requires the executive director of the Commission to adopt rules for adjusting the monetary threshold for public bidding five years after September 29, 2011 and every five years thereafter. The current threshold is $200,000. The new rule spells out the calculation method and inflation index to use, and sets the new threshold at $215,000.

These rules are effective January 13, 2017, and will not be reviewed again until January 13, 2022. If you have any questions, please do not hesitate to contact our Legislative Affairs Manager, Sarah Spence at sarah.spence@ofcc.ohio.gov.

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