Chapter 3318:1-1 | Organization and Procedures

Rule 3318:1-1-04 | Procedure for consideration of projects.

• Effective: January 23, 2023
• Promulgated Under: 119.03

(A) Pursuant to section 3318.03 of the Revised Code, the commission shall make determinations in favor of proceeding with school district projects. Pursuant to division (A) of section 3318.06 of the Revised Code, the commission may conditionally approve school district projects. Such conditional approval shall be submitted to the controlling board for approval thereof.

(B) Whereas the conditional approval of the commission is necessary prior to controlling board approval, the commission shall adhere to the following procedure for approval of school district projects.

(1) The commission shall convene a regularly scheduled meeting, as called by the chair, to approve school district projects.

(2) The executive director or the executive director's designee shall present a recommendation to the commission for approval of each school district project which may be funded within the appropriations given to the commission and which has met all other eligibility criteria set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of school district projects to be approved that provides the name of each school district, the scope of the project, the total project budget and the state and local share.

(3) The commission will vote approval or disapproval of each school district project, as set forth in Chapter 3318. of the Revised Code. The commission may approve multiple projects listed on an appendix or exhibit in one vote.

(4) Following approval of the project and obtainment of local funding, the commission may authorize the executive director or the executive director's designee to enter into a project agreement pursuant to section 3318.08 of the Revised Code.

(5) Following approval of the project and obtainment of local funding, the commission may authorize the executive director or the executive director's designee to take actions necessary to administer the performance of the project agreement.

Last updated January 23, 2023 at 11:24 AM

Supplemental Information

Authorized By: 123.21
Amplifies: 3318.03, 123.21
Five Year Review Date: 1/21/2028

Rule 3318:1-1-05 | Procedure for consideration of contracts.

• Effective: March 25, 2018
• Promulgated Under: 119.03

(A) In accordance with division (A) of section 123.20 of the Revised Code, the commission may contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under Chapter 3318. of the Revised Code.

(B) In accordance with section 3318.10 of the Revised Code, when the construction multiple prime bids for all branches of work and materials have been tabulated, the contract shall be awarded by the school district board to the lowest responsible bidder subject to the approval of the commission.

In addition, the commission may also approve contracts that utilize project delivery methods for construction as authorized by the Revised Code, including single prime, design-build, and construction manager at risk.

(C) In accordance with section 3318.091 of the Revised Code, the employment of a qualified professional person or firm to provide professional design services for the project is subject to the approval of the commission.

(D) Pursuant to paragraphs (A) to (C) of this rule, the commission shall adhere to the following procedure for the approval of contracts.

(1) The commission shall convene regular or special meetings, as called by the chair, to approve contracts.

(2) The executive director or a designee shall present a recommendation to the commission for approval or disapproval of each proposed contract, as set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of contracts to be approved that provides a description of the selection process, the name of each contractor, and the amount of the contract.

(3) The commission will vote approval or disapproval of each contract request. The commission may approve multiple contracts listed on an appendix or exhibit in one vote.

(4) Following approval of the contract, the commission may authorize the executive director or a designee to take actions necessary to administer the performance of the contract.

(5) Notwithstanding paragraphs (D)(1) to (D)(4) of this rule, the commission may delegate the function of approval of contracts to its executive director.

Last updated September 7, 2022 at 11:08 AM

Supplemental Information

Authorized By: 123.20
Amplifies: 123.20
Five Year Review Date: 9/7/2027
Prior Effective Dates: 9/13/2002