Current through all regulations passed and filed through September 16, 2024
(A) The office of contract Compliance,
university of Cincinnati, will make initial and continuing reviews of contracts
of commissions over the sum of ten thousand dollars and purchase orders over
two thousand
dollars.
(B) Federal and or
state grants held by university departments, in whatever dollar amount, are
subject to review by the office of contract compliance, university of
Cincinnati, as part of the university's compliance with Public Law 95-507.
(C) Bids, purchase orders,
or commissions let or assigned by the department of physical plant or
purchasing, university of Cincinnati building committee, and grants held by
university departments are subject to a compliance review by the office of
contract compliance, university of Cincinnati.
(1) Upon notification from the appropriate
university source, the office of contract compliance, university of Cincinnati,
will provide forms necessary to determine work force compliance ("A-300
compliance profile and affirmative action plan").
(2) Copies of any reports, memoranda, forms
or correspondence are public and available to interested parties upon request
at reasonable cost.
(D)
Compliance:
(1) In order to be considered "in
compliance" by the office of contract compliance, university of Cincinnati,
contractors are required to submit to and meet the stipulations presented in a
compliance review.
(2) "In
compliance" also requires the contractor to maintain approved employment
practices and submit any requested compliance reports during the entire term of
the contract.
(3) It also requires
that prime or general contractors take responsibility that their subcontractors
file workforce analyses, affirmative action plans, and any other necessary
compliance reports in order to maintain their own status.
(E) A finding of noncompliance shall require
a written notice from the office of contract compliance, university of
Cincinnati, with reasons for such finding being clearly stipulated. Contractors
will be provided with the time and opportunity to make corrections or
objections. Any such corrections or objections shall also be in writing, or, if
transmitted by telephone, followed by a written communication.
(F) The office of contract compliance,
university of Cincinnati will conduct three types of reviews:
(1) Pre-award reviews shall be considered
part of the selection process for awards of university contracts. The three
lowest bidders on university projects which have been competitively bid for
fifty
thousand dollarsor more will all be subject to a pre-award review,
starting with the lowest bidder. Equal employment opportunity compliance is
required, and the lowest bidder in dollar amount, if not in compliance as
hereinafter provided at paragraph (G) of this
rule, can be bypassed for the next lowest bidder judged in
compliance.
(2) On-site reviews
will consist of an investigation of on-the-job labor forces at the site,
usually of a construction project. Particularly, but not exclusively, the
review will be conducted where subcontractors enter into the project or the
workforces vary with phases of project work.
(3) Post-award reviews include an in-house
review of the reports and documentation requested by and received in the office
of contract compliance, university of Cincinnati, and an on-site review. These
reviews shall be made to determine continuing equal employment opportunity
compliance on the part of contractors and subcontractors on contracts for
ten thousand
dollars or more.
(G) Noncompliance:
(1) In the event of a pre-award noncompliance
determination and receipt of notice thereof, the contractor will be allowed up
to seven days after receipt of such notice to respond. The office of contract
compliance, university of Cincinnati, will provide such notice at the
conclusion of the review or within seven days after the review.
(2) If noncompliance is determined while a
contract is in force, the contractor will be given thirty days, or until such
time as further monies are due, to respond.
(3) The effect of a notice of noncompliance
and the failure to respond in the time provided shall be failure to be awarded
the contract, commission or order, or termination or suspension of a contract
in force.
(H)
Construction contractors, subcontractors scheduled to begin work at the same
time as the prime or general contractor, representatives of the initiating
university department, the contract compliance officer and all other parties to
be involved in the execution of a proposed construction contract will convene
for a pre-construction meeting. This meeting is to complete the pre-award
process. All parties concerned will at that time execute appropriate sign-offs,
enabling the forwarding of the contract to the state of Ohio department of
public works.
(I) Contractors with
university contracts for terms in excess of one month shall be subject to
compliance reporting. Nonconstruction contractors will be advised of reporting
procedures upon receipt of notice of compliance ("Exp. B-700"). Construction
contractors will be required to submit a monthly manpower utilization report
("Exp. C-100"), a payroll transmission form ("Exp. C-200"), and a payroll
report ("Exp. C-300"). Reports will cover the previous calendar month and be
submitted to the office of contract compliance, university of Cincinnati if the
office of contract compliance, university of Cincinnati, does not find cause to
make a new recommendation on equal employment opportunity compliance, the
reports will be approved, and monies will be paid according to contract. If the
office of contract compliance, university of Cincinnati, determines that
compliance conditions have changed, a determination of the noncompliance will
be issued pursuant to paragraph (G) of this rule.
If it determines that prevailing wage rates were not paid, the data Vill be
given to the state office of industrial relations prevailing wage rates
division for investigation and resolution.
(1)
Reports will be received and verified during the first working week of every
month during the term of the contract. Prime contractors are responsible for
collecting monthly manpower and payroll reports from their subcontractors as
part of their own reporting. Each month contractors will submit one monthly
manpower report for itself and for each suncontractor; one payroll transmission
form for itself and for each subcontractor; and four weekly payroll reports for
himself and for each subcontractor. Reports from the previous month not
received during the first week of the month immediately following shall be
considered overdue. If a contractor encounters any difficulty in completing
reports, it is that contractor's responsibility to notify the office of
contract compliance, university of Cincinnati, before the first week of the
month has expired. Continuing compliance can only be determined through receipt
of reports.
(2) Monthly compliance
reports are to be signed by a responsible official of the contractor upon
completion. The requirement of report filing begins with the commencement of
contract work and proceeds as long as work continues under a state or
state-assisted contract. There will be no verification by the office of
contract compliance, university of Cincinnati, of approval of compliance
reports for contracts in force. The contractor may assume approval if no
payroll interruption occurs. It is the responsibility of each contractor to
comply with Chapter 4115, of the Revised Code which is the authority for wages
and hours on public works.
(J) Grant project review:
(1) Hiring of project staff under federal and
state grants held by a university department must be in accordance with equal
employment opportunity regulations and policies in regard to minorities and
women. Each department must submit to the office of contract compliance a list
of grants in force and notification of new grants awarded.
(2) The office of contract compliance,
university of Cincinnati review of grant project staff shall be in-house only.
Department heads will receive a project profile ("Exp. D-100") which may be
answered by either the department head or the principal investigator of the
grant under consideration. Attached to the project profile, in narrative form,
will be a work description and evidence of processes used to ensure equal
employment opportunity following the employment practices checklist ("Exp.
D-200"). There will be no notification from the office of contract compliance,
university of Cincinnati, unless a determination of non-compliance is made.
Replaces: 3361: 20-23-14
