EOD > Construction Compliance

Compliance Reviews

Frequently Asked Questions:

What will the company need at the time of the review?

The Equal Opportunity Division has prepared a compliance review checklist which includes a list all documentation needed at the time of the review. Note: Documents listed in the checklist must be copied and ready for the Contract Officer/Specialist to take with them at the conclusion of the compliance review.

The review will concentrate on your company’s hiring practices, minority/women business enterprise participation, employment statistical analysis, EEO policies, etc.

Download Compliance Review Checklist (pdf)

What is good faith efforts?

Contractors and subcontractors that do not meet the state utilization work hour goals must implement and demonstrate a good faith effort to make the state affirmative action steps work toward the accomplishment of the state’s utilization work hour goals. (Ohio Administrative Code 123:2-3-02(b)(i-vii)).
Download Good Faith Efforts (pdf)

What is a conciliation agreement?

A conciliation agreement shall include the contractor’s or subcontractor’s specific commitment, in writing, to correct any deficiencies found during the compliance review. The commitment must include the action to be taken and the target dates for accomplishment. The time allotted shall be no longer than the minimum period necessary to correct such deficiencies. Upon approval of the director of administrative services, the contractor or subcontractor may be considered responsive or responsible to the requirements of Chapters 123:2-3 through 123:2-9 of the Administrative Code, on condition that the contractor or subcontractor implements and enforces the commitments of the conciliation agreement.

Where a compliance review indicates that a contractor or subcontractor may not be exerting good faith efforts to accomplish the goals of an affirmative action program and a conciliation agreement can not be reached, the director of administrative services shall provide the contractor or subcontractor with an opportunity for an adjudication hearing, in conformity with Chapter 119. of the Revised Code.

Can a contractor under a conciliation agreement bid and receive state contracts?

Yes.

What are a contractor’s responsibilities under a conciliation agreement?

A conciliation agreement outlines the contractor’s obligations to implement affirmative action steps to reach compliance with the state of Ohio’s affirmative action program within a specific timeframe. Failure to comply with the recommendations outlined in the signed agreement shall result in the recommendation to implement sanctions outlined in Ohio Administrative Code 123:2-7.

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