Ohio Administrative Code Title 153:1 - Ohio Facilities Construction Commission (Public Facilities Construction)
Here’s an updated overview of Ohio Administrative Code – Title 153:1 (Ohio Facilities Construction Commission – Public Facilities Construction), organized by chapter with key highlights and effective dates:
📋 Chapter Summary: Title 153:1
📐 Chapter 153:1‑1 – Professional Design Services
Establishes rules for qualifications-based selection for architects/engineers and design-build firms:
Rule 153:1‑1‑01 (Effective Jan 19, 2023): Sets procedures for pre-design planning, public announcements, RFQs, and evaluation criteria—including EDGE diversity goals (law.cornell.edu).
Additional rules (153:1‑1‑02 to 153:1‑1‑06) cover prequalification processes, selection, statements of qualifications, and exemptions (regulations.justia.com).
📝 Chapter 153:1‑2 – Document Forms
Specifies required contract templates:
Rule 153:1‑2‑01 (Effective Jan 19, 2023): State institutions and public authorities must use OFCC-developed forms or those from AIA, ConsensusDOCS, or CMAA; mandates using OFCC subcontract templates (law.cornell.edu, codes.ohio.gov).
Rules also include design-build contract forms (153:1‑2‑02).
🔁 Chapter 153:1‑3 – Subcontract Form
Outlines mandatory provisions in subcontract agreements:
Rule 153:1‑3‑02 (Effective Dec 26, 2011): Requires subcontractor agreements to include indemnity, insurance, prompt payment, retainage limits, warranties, nondiscrimination, and dispute resolution clauses (codes.ohio.gov).
🛡 Chapter 153:1‑4 – Surety Bonds
Defines bonding obligations for construction managers and design-build firms:
Rule 153:1‑4‑02 (Effective Jan 13, 2017): Requires separate performance and payment bonds at 100% of contract value; mandates updates for increased contract amounts and replacement bonds in case of surety default (codes.ohio.gov).
📢 Chapter 153:1‑5 – Advertising for Construction Manager
Likely establishes requirements for public notice practices when seeking construction managers; details are available on the official site.
📊 Chapter 153:1‑6 – Best Value Selection
Covers criteria and procedures for evaluating and selecting construction managers/design-build firms based on best value metrics (including price, qualifications, etc.).
✅ Chapter 153:1‑7 – Prequalification of Prospective Bidders
Regulates how construction managers/design-build firms must prequalify bidders for subcontracted work, typically requiring identification of at least three qualified bidders per subcontract.
💻 Chapter 153:1‑8 – Electronic Bidding
Defines electronic bid submission standards and system requirements; specifics are on the OFCC administrative rule pages.
📈 Chapter 153:1‑9 – Inflation Adjustment
Details automatic contract price adjustments based on inflation indices over the life of a project.
📌 Accessing the Full Text
For complete and up-to-date rule language:
Visit the official Ohio e‑Codes site and navigate to Title 153:1 (codes.ohio.gov).
Legal aggregators like Justia and LII offer alternate views, but best to refer to the state’s official edition for accuracy (regulations.justia.com).
🗓 Review & Effective Dates
Recent significant updates were made to Chapters 1–2 on Jan 19, 2023.
Many chapters have “Five-Year Review” deadlines set around 2027–2028, indicating scheduled review timelines.
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