Current through all regulations passed and filed through September 16, 2024
(A) President of the university. As specified
in rule 3359-1-05 of the Administrative
Code, the president is executive head of all university colleges, branches,
schools, and departments, possessing duties, responsibilities and powers as
delineated in the rules of the university.
(B) Director of purchasing.
(1) The director of purchasing shall be
appointed by the board or the board's designee(s)
upon the recommendation of the president; shall hold office at the discretion
of the president; and shall report to the president consistent with the
administrative reporting line then in effect.
(2) The director of purchasing shall be
responsible for the oversight and management of the department of purchasing as
it conducts routine purchasing, accounting and budget control transactions,
consistent with good business practice and applicable federal, state, and local
laws.
(3) The director of
purchasing shall have the responsibility and the requisite authority to execute
contracts for the purchase of equipment, materials, supplies, and services for
the university.
(C)
Competitive procurement process.
(1) Unless
otherwise provided in this rule
3359-3-07 of the Administrative
Code, all equipment, materials, supplies, and services shall be purchased
through solicitation of competitive bids or proposals except in the following
instances:
(a) Where such equipment,
materials, supplies, or services are purchased pursuant to sections
4115.31 to
4115.35 and section
5147.07 of the Revised Code;
or
(b) Where the amount of such
purchase of equipment, materials, and/or supplies is less than seventy-five
thousand dollars; or
(c) Where the
purchase of services, or any combination of services, equipment, materials, and
supplies, is less than one hundred thousand dollars; or
(d) Where the purchase is for the
construction, addition, alteration, structural, or other improvements of a
university building or structure and the purchase is for an amount less than
the bidding threshold established in rule
153:1-9-01 of the
Administrative Code.
(2)
The limitations provided in this authority shall not be avoided through
multiple purchases of goods or services under the limits authorized or through
aggregations or purchases at the same or different times.
(3) The threshold amounts notwithstanding,
the university may require competitive bidding for purchases below these
threshold amounts if it determines that such bidding is in the best interest of
the university.
(4) Contracts shall
be awarded to the lowest responsible and responsive bidder that best meets the
needs of the university. The university may accept or reject any or all bids or
proposals in whole or by item. For any contract authorized by the university's
policy on purchasing, the university is authorized to make multiple awards as
provided for in the university's request for bids or proposals.
(D) Exemptions from the
competitive procurement process.
(1) The
purchase of goods or services through non-profit or governmental agencies or
consortia, including but not limited to the inter-university council of Ohio,
whose contracts meet the competitive bidding requirements, as determined by the
university, and upon terms and conditions that are in the best interest of the
university.
(2) In accordance with
division (B) of section
5513.01 of the Revised Code,
purchases through Ohio department of transportation agreements, for machinery,
materials, supplies, or other articles upon such terms and conditions that are
in the best interest of the university.
(3) The purchase of books, periodicals, and
other learning resources for the university libraries' collections.
(4) The contracting for entertainment acts,
performers, and artists, and their selected, required, or contractually
mandated promoters or associated vendors.
(5) The purchase of stock merchandise for
purposes of resale in campus retail locations.
(6) The negotiation of a contract following a
request for proposals that by its nature solicits a response that includes
multiple options or variable terms.
(E) Waiver of competitive bidding.
(1) Except where prohibited by law,
competitive bidding requirements of the university may be waived under limited
and exceptional circumstances.
Exceptional circumstances which warrant the waiver of
competitive bidding include, but are not limited to:
(a) The need for certain professional,
technical, and specialized services, where such services are temporary in
nature, there are sufficient economic interests to support such a waiver, and
where such terms and conditions are in the best interest of the
university;
(b) Emergencies
resulting from fire, flood, freezing, or other acts of God or force majeure
situations in which it may reasonably be determined by a prudent person
standard that there is substantial financial or other risk, or substantial
financial or other opportunity to the university, such that the risk or
opportunity warrants waiver, as well as emergencies necessitated by the
immediate need to comply with laws or regulations affecting persons or property
owned, leased, or operated by the university; or
(c) Equipment, materials, supplies, or
services can be purchased only from a single supplier ("sole
source.")
(2) In order to
implement the procedure to waive competitive bidding, the appropriate
supervisor must provide such request for waiver to the director of purchasing
with a written certification by the supervisor as to the rationale supporting
the need to waive competitive bidding. The director of purchasing shall review
all requests for waiver with the office of general counsel, and the director of
purchasing shall make the final decision as to whether the waiver shall be
authorized based on the information provided and the guidelines in this rule.
Purchases resulting from the waiver of competitive bidding shall be separately
identified in the vendor reports provided to the board of trustees at the next
regularly scheduled meeting of the board of trustees. In no event shall the
director of purchasing waive competitive bidding for any purchase in excess of
five hundred thousand dollars.
(F) Contract signature authority.
(1) Subject to the scope of their authority
and consistent with applicable budgetary limitations and the requirements of
university rules, policies, and procedures, the following university titles are
authorized to enter into contracts on behalf of the university:
(a) Contracts involving the expenditures of
money may be entered into by the president, the executive vice president and
provost, the senior vice president and chief financial officer, and the
director of purchasing;
(b) The
dean of the university libraries and the law librarian may enter into contracts
for library books, periodicals, and other learning resources, subject to the
budgets for the respective libraries;
(c) The director of theater operations may
enter into contracts for entertainment acts, performers, and artists, and their
selected, required, or contractually mandated promoters or associated vendors;
and
(d) The director of athletics
may execute contracts with other colleges and universities for intercollegiate
athletic events and competitions.
(2) Contracts entered into by the university
should be upon terms and conditions as are in the best interest of the
university and are subject to review for legal form and sufficiency by the
office of general counsel.
(G) Any purchase of goods or services in
excess of five hundred thousand dollars, except for subcontracts issued through
externally funded research grants and contracts for which the university is the
grantee, shall be submitted to the board of trustees for prior approval. All
purchases of goods in excess of seventy-five thousand dollars and services in
excess of one hundred thousand dollars, but less than five hundred thousand
dollars, including all subcontracts through externally funded grants, shall be
reported to the board as an information item.
(H) The director of purchasing shall take
into consideration potential opportunities for new vendors and contractors,
especially minority business enterprises certified by the state of Ohio equal
employment opportunity coordinator, and enterprises operated by historically
disadvantaged owners. The university shall honor state laws concerning
purchasing set aside rules and shall communicate to others on campus the
desirability of using a variety of vendors.
(I) The purchase of insurance occasionally
can be more economical and efficient through direct placement rather than
competitive bid. In such instances, the board of trustees must be notified of
action taken and the senior vice president and chief financial officer shall
report the rationale for a purchase of insurance through direct placement
rather than competitive bid.
