Hundreds of Ohio EDGE Certifications called into question after investigation by Ohio Inspector General
What does this mean?
If you own and operate an EDGE-certified business, you should confirm you have all necessary paperwork in order to support your certification. These documents vary depending on your business’ structure, but the list of required documents can be found here. If the ODAS contacts you during their review process and inappropriately decertifies your business, you must understand your rights. You have the right to appeal the ODAS’ decision if you believe it was made in error. The first appeal is an administrative appeal directly to the ODAS. However, if the ODAS denies the appeal, the second appeal is in the Court of Common Pleas in the county in which your business is located.
If you are a contractor utilizing EDGE-certified subcontractors to meet EDGE goals on public projects and one of your subcontractors loses its certification, you could face potential impact on your public projects. If, as a result, you are unable to meet the EDGE goal for your public project, you may need to justify why you were unable to meet the EDGE goal for your project. The EDGE program contains a waiver provision allowing contractors to obtain a waiver of the EDGE goal if it is unable to comply with that goal despite making a “good faith effort” to do so. It is likely that a contractor will be found to have made a good faith effort when selecting what it believed to be an EDGE-certified contractor so long as the contractor was relying on information supplied by the ODAS at the time of its bid.
If you are experiencing issues related to your EDGE certification or the EDGE certification of any of your subcontractors, please reach out to one of our attorneys below.
Please follow this link for more information on the Inspector’ General’s report.