This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3344-65-01 | General scope and procurement authority.
Effective:
October 10, 2016
(A) It is essential to follow uniform
purchasing policies throughout the university in order to maintain standards of
efficient business practice and good relationships within the university as
well as with outside vendors and suppliers. Furthermore, a public educational
institution has a responsibility to the taxpaying public, as well as to its
students, faculty, and staff. It shall conduct its business fairly, in
accordance with state regulations and university policy. (B) Purchasing services is responsible
for approving all quotations, selecting suppliers, and placing all purchase
orders for any division, department, or office of the university. Purchasing
services has delegated authority to the law library and main library to
directly purchase books and periodicals only (up to the current bid threshold).
Failure to follow university purchasing policies and procedures may result in
revocation of this delegated authority. MagnusMart will also verify
availability of funds, via its electronic budget checking function, for any
purchase prior to issuance of a purchase order. To avoid delays, please ensure
that sufficient funds are available for the purchase or another arrangement has
been made with the controller's office, before submitting the
requisitions. (C) MagnusMart is the university's
primary purchasing system. Purchasing activity outside of MagnusMart must be
approved by the senior vice president for business affairs and
finance.
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Rule 3344-65-02 | Definitions for procurement terms.
Effective:
October 5, 2020
(A) "Bid" is defined as a prospective vendor's
sealed submission to the university, including specifications of the product(s)
(or construction project) to be delivered, and the cost for which the
prospective vendor would agree to deliver it. (B) "Proposal" is a prospective vendor's
description of the professional services it would provide in response to the
university's request (request for proposal), including supporting
information such as the prospective vendor's qualifications, previous
experience, the ways in which the proposed solution would satisfy the
university's needs, and (for services other than professional design for
construction) the proposed fee structure. (C) "Competitive bidding" is the process of obtaining
sealed bids for contract award, either through adherence to the process defined
in Chapter 153. of the Revised Code (for public improvements), or through the
competitive bidding process set forth in rule 3344-65-16 of the Adminstrative
Code. (D) "Competitive selection" is the process of selecting
a service provider through advertising and receipt of proposals. This is done
either through adherence to the process defined in Chapter 153. of the Revised
Code (for public improvements), or through the competitive selection process
set forth in rule 3344-65-16 of the Adminstrative Code (invitation to
bid).. (E) "Request for quotation" is a formal request to
vendors for specific items or a small project. The format typically covers
defined item(s) to be purchased, number of items and per unit cost. A request
for quotation is similar to bid terms, but applicable to purchases below bid
threshold. (F) "Request for qualifications (RFQ)" is a formal
request to vendors to submit their qualifications for a particular service or
project. (G) "Minority business enterprise" (MBE) is a
for-profit company that has been in business for longer than one year and is at
least fifty-one per cent owned and controlled by a minority person(s) as
defined by the state of Ohio, certified by the equal opportunity coordinator of
the state of Ohio. (H) "MagnusMart" is the electronic purchasing system
used by the university. (I) "Purchaser" means an employee authorized by their
department to make purchases on the department's behalf. (J) "Bid threshold" is the value of a purchase above
which a competitive bidding or competitive selection process is required
pursuant to rule 3344-65-16 of the Administrative Code. The bid threshold for
goods, supplies and services is forty-nine thousand nine hundred ninety-nine
dollars. (K) "Responsive vendor" is a vendor whose solicited bid
or proposal is in substantial conformance with the conditions, requirements and
specifications detailed in the invitation to bid or request for
proposal. (L) "Responsible vendor" is a vendor qualified on the
basis that it has adequate resources to perform a contract; is able to comply
with associated legal or regulatory requirements; is able to deliver according
to the contract schedule; has a history of satisfactory performance; has a good
reputation regarding integrity; has or is able to obtain necessary resources to
fulfill the contract; and is otherwise eligible and qualified to be awarded the
contract. (M) "Purchasing agent" is an employee in purchasing
services that assists in the selection and purchase of goods and services by
gathering information about products, prices and vendors. Also, distributes
invitations to bid and requests for proposals and receives responses from
vendors in the form of bids and proposals. (N) "Vendor" is a person doing business with the
university or seeking to do business with the university.
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Rule 3344-65-03 | BuyOhio.
Effective:
October 10, 2016
(A) In accordance with sections 125.09
and 125.11 of the Revised Code, the university shall give preference to Ohio
vendors, vendors from a "border state," and vendors that qualify as
having a significant Ohio economic presence. (B) A
"border state" means any state that is contiguous to Ohio and that
does not impose a restriction greater than Ohio imposes pursuant to sections
125.09 and 125.11 of the Revised Code on persons located in Ohio selling
product or services to agencies of that state. The Ohio department of
administrative services current recognizes the following "border
states": Michigan, Kentucky, Pennsylvania, Indiana, and New
York. (C) "Significant Ohio economic presence" means
business organizations that: 1) pay required taxes to the state of Ohio; 2) are
registered and licensed to do business in the state of Ohio with the office of
secretary of state; and 3) have ten or more employees based in Ohio, or
seventy-five per cent or more of their employees based in Ohio.
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Rule 3344-65-04 | Tax exempt status.
Effective:
October 10, 2016
Cleveland state university is exempt from paying
Ohio sales tax under section 5739.02 of the Revised Code (there is no specific
exemption number) and the purchaser should inform the supplier of that fact. In
the event the vendor requires a tax exemption certificate, it is obtainable
from purchasing services.
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Rule 3344-65-05 | Purchases below bid threshold.
Effective:
October 5, 2020
(A) Small purchases Small purchases valued at ten thousand dollars or
below are exempt from the competitive process. (B) Goods below bid threshold For goods to be purchased between ten thousand
one dollars and forty nine thousand nine hundred ninety-nine dollars, a minimum
of two quotes, one from an MBE, shall be acquired, when possible. If not
possible, a brief written explanation shall accompany the requisition. One or
more quote(s) are provided by the department and the others by purchasing, with
the lowest, responsive vendor becoming the vendor of choice. The process of
selecting the lowest quote is subject to a procedural override at the vice
president level, if determined to be in the best interests of the
University. (C) Services below bid threshold For purchase of services between ten thousand one
dollars and forty-nine thousand nine hundred ninety-nine dollars, the
department should supply a minimum of two quotes, one from an MBE, where
possible, for the identical scope of work, reviewable by purchasing. If not
possible, a brief written explanation shall accompany the requisition. The most
advantageous quote becoming the vendor of choice. (D) Purchases above the bid threshold require competitive
bidding or competitive selection in accordance with rule 3344-65-16 of the
Administrative Code.
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Rule 3344-65-06 | Procurement of microcomputers.
Effective:
October 10, 2016
(A) Purchasing services has the authority
to join cooperative purchasing organizations, defined as an arrangement to
aggregate purchases to get lower prices from suppliers, provided, that such
cooperative purchasing organizations use contracts that conform to the legal
requirements for contracting with the state of Ohio. A list of contracts
available to the university through cooperative purchasing groups is available
from purchasing services. (B) Contracts established by the state of Ohio, office of
purchasing, are also available to the university. A list of state of Ohio
contracts is available on the state of Ohio website at
http://procure.ohio.gov/proc/currentContracts.asp. (C) Prior to issuing an invitation to bid or a request for
proposal, purchasers must review whether a cooperative purchasing contract or
state contract exists for the goods or services to be purchased. Purchasers
must use such available contracts when it is advantageous to the university to
do so.
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Rule 3344-65-07 | Mandated vendors.
Effective:
October 10, 2016
(A) Purchasing services may enter into
price agreements with vendors for commonly-purchased goods and
services. (B) In situations where a price agreement exists and the
controller has determined that significant savings may be realized by the use
of such price agreement, the controller may require that all purchases of
certain goods and services be made from certain mandated vendors. (C) Exceptions to the requirement to purchase from mandated
vendors pursuant to this rule may be approved by purchasing services when it is
demonstrated that another vendor provides goods and services that are more
advantageous to the university than those offered by the mandated
vendor.
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Rule 3344-65-08 | Equipment purchases.
Effective:
October 10, 2016
(A) All requests for purchases of
equipment, defined as non-expendable, tangible, personal property having a
useful life of more than one year and an acquisition cost of five thousand
dollars or more shall be initiated by a purchase requisition. The university is
required to maintain an inventory of all equipment and the utilization of the
purchase requisition ensures that the property control department is
automatically notified of such acquisitions. (B) Equipment improvements that increase non-expendable
value to five thousand dollars or more shall be added to that valuation when
identifiable. Increases to valuation can include costs such as
shipping/delivery/installation charges (example: a server that has memory
added.) These are considered assets that shall be maintained by property
control, as stated in paragraph (A) of this rule.
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Rule 3344-65-09 | Additional approval for certain purchases.
Effective:
October 10, 2016
(A) Certain purchases require additional approval. Guidance describing the additional approvals required is set forth in the following table. | Purchase | Guidance | | Furniture | http://www.csuohio.edu/offices/architect/furniture/ | | Outsource services / external hosting | http://www.csuohio.edu/offices/ist/technologypolicies/outsourcing-hosting services_security_checklist.pdf | | Signage | https://www.csuohio.edu/architect/signage-standards | | Microcomputers | https://www.csuohio.edu/hardware-software/ist-hardware-procurement-procedure | | Environmental, health & safety items | http://www.csuohio.edu/ehs/ehs |
(B) Electronic and information technology purchases (1) Cleveland state university has a responsibility to make our programs and services accessible to persons with disabilities in accordance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 and related regulations and state law. (2) Software and hardware considered electronic and information technology (EIT) must be evaluated for access to persons with disabilities before purchase of such technology may commence. (3) The information services and technology department shall issue purchasing guidelines for the acquisition of EIT. All parties purchasing EIT must comply with those purchasing guidelines.
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Rule 3344-65-10 | Personal purchases.
Effective:
October 10, 2016
No purchaser may make a purchase for the personal
benefit of university employees or other private persons, whether or not the
university is reimbursed for the purchase. Those found in violation of this
rule may be subject to disciplinary action.
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Rule 3344-65-11 | Contracts.
Effective:
January 28, 2017
(A) No university employee outside of
purchasing services has the authority to enter into purchase contracts, or in
any way to obligate Cleveland state university for procurement indebtedness
unless specifically authorized to do so by the board of trustees, either by
general policy or specific resolution. Any such actions shall be considered an
unauthorized purchase and the individual could be personally liable for the
purchase in accordance with section 3.12 of the Revised Code. (B) Any and all contracts shall be reviewed and approved as
to legal form by the office of general counsel. Contracts executed without
review may be deemed outside the employee`s authority and result in personal
liability for the contract. (C) For the purposes of this section contract is defined to
include but not be limited to contracts, agreements, vendor terms and
conditions and memorandums of understanding, (D) Execution of contracts for purchases are governed by
rule 3344-66-01 of the Administrative Code.
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Rule 3344-65-12 | Gifts and gratuities.
Effective:
October 10, 2016
Both state law and university policy prohibit the
receipt of gifts or gratuities from vendors or others who do business with the
university. State law forbids a public servant to "solicit or accept ...
anything of value that is of such a character as to manifest a substantial and
improper influence upon the public official or employee with respect to that
person's duties," division (E) of section 102.03 of the Revised
Code.
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Rule 3344-65-13 | Uniform policies regardless of fund source.
Effective:
October 10, 2016
All funds deposited with the university, regardless
of source, are university funds and shall be handled consistently in accordance
with university policy. All funds shall be administered by purchasing services
in a uniform manner and in conformance with university procurement policies and
procedure.
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Rule 3344-65-14 | Major purchases.
Effective:
October 10, 2016
(A) The early involvement of purchasing
services in the initial stages of a contemplated major purchase, defined as
having an estimated value above the bid threshold, is required. When a major
purchase is under consideration, the purchaser shall provide purchasing
services the basic requirements and potential vendors and sources. Purchasing
services staff shall research state contracts or cooperative purchasing
organization agreements vendors and suggest the use of any such available
contracts. The purchasing agent shall work with the purchaser to further define
needs and develop an evaluation process. With input from purchasing services,
the purchaser shall determine whether the acquisition will be made utilizing an
existing contract or whether a formal solicitation must be
initiated. (B) Major purchases related to
construction are governed by rules 3344-65-25, 3344-65-26 and 3344-65-27 of the
Administrative Code.
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Rule 3344-65-15 | Conflict of interest and ethics.
Effective:
October 10, 2016
(A) All employees of Cleveland state
university, as public servants, shall observe the highest ethical standard in
discharging their responsibilities. Employees shall avoid any activity or
interest that might reflect unfavorably on an individual's, or the
university's, stewardship of public resources, and shall observe those
provisions of the Ohio ethics laws that apply to them including, but not
limited to, its conflict of interest restrictions. (B) Any purchase transaction of the
university is a public contract. Rule 3344-2-04 of the Administrative Code
constitutes the university's conflict of interest statement. That
statement sets forth ethical standards for purchasing, including the
circumstances in which an employee or other university official may sell goods
or services to the university. (C) The university also subscribes to the
following national association of educational buyers code of
ethics: (1) To decline personal
gifts or gratuities. (2) To give first
consideration to the objectives and policies of our institution. (3) To cooperate with
trade and industrial associations, governmental and private agencies engaged in
the promotion and development of sound business methods. (4) To demand honesty in
sales representation whether offered through the medium of a verbal or written
statement, an advertisement, or a sample of the products. (5) To grant all
competitive bidders equal consideration; to regard each transaction on its own
merits; to foster and promote fair, ethical, and legal trade
practices. (6) To use only by
consent original ideas and designs devised by one or more vendor for
competitive purchasing purposes, or to pay them for services as a
consultant. (7) To accord a prompt
and courteous reception insofar as conditions permit to all who call on
legitimate business missions.
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Rule 3344-65-16 | Competitive bidding and competitive selection.
Effective:
October 10, 2016
(A) This rule applies to all purchases
over the bid threshold except: (1) The procurement of goods and services related to
construction and design are governed by rules 3344-65-25, 3344-65-26 and
3344-65-27 of the Administrative Code. (2) Sole source purchases governed by rule 3344-65-23 of
the Administrative Code; and (3) Emergency procurement governed by rule 3344-65-24 of
the Administrative Code. (B) Prior to issuing an invitation to bid or request for
proposal, purchasers are required to consult with purchasing services to
discuss the best method of handling specific needs. The purchasing agent is
familiar with the various contracts, price practices and discount levels of
various vendors. Failure to contact purchasing services will not eliminate the
requirement for the formal solicitation and may result in unnecessary
delays. (C) Purchases that exceed the bid threshold, or are
expected to do so during the year, require a formal solicitation process.
Purchasing services may require a formal solicitation on any requisition when
it considers it advantageous to the university. The breaking up of a purchase
into individual requisitions to avoid a formal solicitation (pyramiding) is
prohibited. (D) All invitations to bid and requests for proposals shall
be publicly displayed on a bulletin board located directly outside of the
purchasing services office and on the purchasing services website. Invitation
to bids and request for proposals shall be formally advertised at the
discretion of purchasing services and/or departments concerned. Invitations to
bid and requests for proposals may also be sent directly to prospective
vendors. (E) Invitations to bid and requests for proposals require a
minimum of at least fifteen days from the date the bid or proposal is solicited
until the date of the opening. Re-bids, if necessary, require a shorter time
period. Invitations to bid and requests for proposals will be solicited from,
if possible, at least three vendors. (F) Bids and proposals shall be in writing and received by
the specified date and time in the specified location set forth in the
invitation to bid or request for proposal. Late responses will not be
accepted. (G) Unless the university elects to reject all bids or
cancel the invitation to bid, a contract will be awarded to the lowest
responsive and responsible vendor. Purchases pursuant to an RFP will be awarded
to the responsive and responsible vendor whose proposal, in the sole discretion
of the university, represents the best value and is most advantageous to the
university. (H) If purchases are made through a cooperative purchase
agreement of which the university is a part or a state contract, the formal
solicitation requirement is considered satisfied.
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Rule 3344-65-17 | Printing and printed materials.
Effective:
October 10, 2016
(A) All printed materials shall comply
with the current university brand standard. This includes business stationery
(letterhead), envelopes, business cards, brochures, pamphlets, bulletins,
posters, programs, self-mailers and other direct mail pieces, invitations, news
releases, promotional material, advertisements, etc. The university marketing
department assists members of the university community by reviewing layouts and
designs, and suggesting how the layout may need to be changed to reflect the
desired brand standard. Layouts can be hand- delivered, e-mailed, or sent
through campus mail to the university marketing department for review. Design
services are available free of charge. (B) Contracts for printing must comply with section 3345.10
of the Revised Code, which requires the university to evaluate all bids
received for all contracts for the purchase of printed materials in accordance
with section 125.09 of the Revised Code for determining whether bidders will
produce the printed material at manufacturing facilities within the state of
Ohio or in accordance with the criteria and procedures established for
determining whether bidders are otherwise qualified. (C) Printed material that will be mailed must comply with
United States postal standards, as provided by the mail
department.
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Rule 3344-65-18 | Bidding requirements.
Effective:
October 10, 2016
(A) Under section 125.081 of the Revised
Code and accompanying administrative regulations, fifteen per cent of the
annual total aggregate purchases of goods and services are to be set aside for
bidding only to MBEs. The cooperation of all departments is required and
expected in support of the university's supplier diversity initiative,
when possible. A list of MBE vendors is available on purchasing services web
page or by contacting purchasing services. A list of MBE certified contractors
and vendors is available at:
http://eodreporting.oit.ohio.gov/searcheodreporting.aspx (B) The senior vice president for
business affairs and finance or designee (SVPBAF) may override the lowest cost
quote or bid in favor of selecting the MBE vendor if the SVPBAF determines that
the university is falling short of its fifteen per cent MBE spend The
procedural override is allowed if selecting the MBE assists in the university
meeting the state of Ohio set-aside requirement.
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Rule 3344-65-19 | Printing and printed materials.
Effective:
October 10, 2016
(A) Under section 123.152 of the Revised
Code, five per cent of the annual total aggregate purchases of goods and
services are to be targeted for EDGE certified vendors, certified by the equal
opportunity department of the state of Ohio. The cooperation of all departments
is required and expected in support of this effort. (B) A list of EDGE certified contractors
and vendors is available at:
http://das.ohio.gov/divisions/equalopportunity/mbeedgecertification.aspx.
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Rule 3344-65-20 | Minority business enterprise (MBE) set-aside.
Effective:
October 10, 2016
All university contracts shall include a provision
stating that the contractor will not discriminate on the basis of race, sex
(including pregnancy), religion, color, age, national origin, veteran and/or
military status, genetic information, sexual orientation, gender identity
and/or expression, marital status, parental status, ancestry, or disability,
against any citizen of this state in the employment of any person qualified and
available to perform work and shall not, in any manner, discriminate against,
intimidate, or retaliate against any employee hired on account of race, color,
religion, sex (including pregnancy) sexual orientation, gender identity and/or
expression, marital status, parental status, age, disability, veteran and/or
military status, genetic information, national origin or ancestry or any other
basis prohibited by law or university policy. Federal subcontracts and
federally assisted construction contracts must include additional language
pursuant to 41 CFR 60-1.4.
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Rule 3344-65-21 | Approval of purchase orders and change orders.
Effective:
October 5, 2020
(A) Purchase orders are evaluated and approved by project, by vendor. Purchases over the bid threshold require a competitive bidding or selection process pursuant to rule 3344-65-16 of the Administrative Code. (B) Purchase orders, including modifications, require the following approvals: | $99,999 or less | associate director of purchasing operations or if position is vacant, an employee in purchasing services designated by the controller | | $100,000 - $200,000 | Controller | | $200,001 - $649,999 | senior vice president for business affairs and finance | | $650,000 - $999,999 | university president | | $1,000,000 or more | board of trustees |
(C) Approval authority is based on the total amount of the purchase. (D) Execution of contracts for purchases are governed by rule 3344-66-01 of the Administrative Code.
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Rule 3344-65-22 | Changes to purchase order.
Effective:
October 10, 2016
If a department needs to increase an existing
purchase order, the request for change order form shall be completed and routed
through MagnusMart to purchasing services. Purchasing services shall provide
the department a revised purchase order noting the change. If a competitive bid
or selection process under rule 3344-65-16 of the Administrative Code was not
used, all requested increases may not result in a total purchase order value
exceeding the bid thresholds.
Last updated October 3, 2024 at 2:33 PM
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Rule 3344-65-23 | Sole source procurement.
Effective:
October 10, 2016
(A) Under unusual and infrequent
circumstances, purchasing services is authorized to purchase goods without
competitive bidding as a sole source purchase. (B) A
sole source purchase is an order for a commodity that can only be purchased
from one supplier, usually because of its technology or its proprietary and
unique nature. (C) In the event that an item is considered for sole source
purchase by the purchaser, a waiver of competitive bidding form must be
completed in MagnusMart. A written explanation is required with the waiver of
competitive bidding form stating the reasons that a sole source purchase is
justified, including a list of all vendors who have been contacted in an effort
to find a compatible item. Services are considered sole source purchases only
under the rarest of circumstances and requests shall be subject to additional
scrutiny by the office of general counsel.
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Rule 3344-65-24 | Changes to purchase order.
Effective:
October 10, 2016
(A) Emergency procurement is authorized
when the goods or services to be purchased are required to correct or prevent
an emergency health, environmental or safety hazard and/or enable the emergency
repair or replacement of existing equipment essential for daily
operations. (B) In the event a purchase is needed in an emergency
situation, purchasing services will authorize the purchase with approval of the
following, based on area affected: (1) Director of facilities management (2) Director of public safety (3) Director of environmental, health and
safety (4) Associate director of purchasing services (C) Purchases of goods or services of fifty thousand
dollars or more require the approval of the associate vice president for
facilities and operations or designee, or the controller in the absence of the
associate vice president or designee.
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Rule 3344-65-25 | Procurement policy for facility planning, design and construction services.
Effective:
October 10, 2016
All university procurement of facility planning,
design and construction services shall originate with the office of the
university architect (OUA). (A) Definitions: (1) "Public
improvement" means any construction, reconstruction, improvement,
enlargement, alteration, demolition, or repair of a building, highway and any
other structure or work of any nature by a public authority, (section 1311.25
of the Revised Code). All projects requiring the services of a professional
engineer and/or licensed architect, or requiring a building permit constitute a
public improvement. Also included are painting, carpeting, signage and other
changes to the building interior or exterior. (2) "Estimated
project cost" - in developing a project budget, be aware that budget costs
are categorized into several cost groupings. The most basic of these shall
include: (a) "Soft" costs, which include items directly
related to construction (e.g., all architect and engineering fees, permits,
quality assurance testing, etc.). (b) "Firm" costs, which include related expenses,
but not necessarily actual construction (e.g., land, independent studies,
furnishings, equipment, etc.). (c) "Hard" costs, which include bricks and mortar
(construction contracts, construction contingency, etc.). (B) Owner reserves, which include funds
for the unexpected, shall also include a "bid reserve contingency" of
not less than ten per cent of the construction budget, unless approved by the
university architect. (C) Chapter 153. of the Revised Code is
state law presiding over contracting for both design and construction services
for public improvements. The statutory code may be found at the following
website: http://codes.ohio.gov/orc/153. The application of this chapter is
detailed in the state architect's office manual
http://das.ohio.gov/divisions/generalservices/statearchitectsoffice/saomManual.aspx).
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Rule 3344-65-26 | Bidding requirements for public improvements.
Effective:
October 10, 2016
(A) The university's bid process for
public improvements will follow the state of Ohio's process as described
in the Ohio facilities construction commission manual. The OUA reserves the
right to use Chapter 153. of the Revised Code, competitive bidding procedures,
if there is reasonable concern as to whether the aggregate cost could exceed
the threshold. (B) Estimated project cost below fifty
thousand dollars: The OUA project manager shall: (1) Obtain quotes from
three contractors, when possible. (2) Prepare a purchase
requisition in MagnusMart for the contractor with the lowest cost. (3) Submit request along
with the two unused quotes or non-responses. (C) Estimated project cost over fifty
thousand dollars, but below two hundred thousand dollars: the OUA project
manager shall: (1) Prepare a work scope
defined in a request for quotation. (2) Issue the request for
quotation to the selected contractors and publically post the request for
quotation. (3) Review responses to
request for quotations and determine apparent lowest responsive and responsible
party. (4) Create a purchase
requisition in MagnusMart. (D) Estimated project cost over two
hundred thousand dollars shall be competitively bid per Chapter 153. of the
Revised Code, and, as such, a public bid advertisement is
required. (E) See the Ohio facilities construction
commission manual for details on process: http://ofcc.ohio.gov/.
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Rule 3344-65-27 | Procurement of professional design services.
Effective:
August 16, 2018
(A) Definitions: (1) "Professional design firm" means any person
legally engaged in rendering professional design services. (2) "Professional design services" means services
within the scope of practice of an architect or landscape architect registered
under Chapter 4703. of the Revised Code or a professional engineer or surveyor
registered under Chapter 4733. of the Revised Code. (3) "Qualifications" means all of the following:
(a) For a professional
design firm, competence to perform the required professional design services as
indicated by the technical training, education, and experience of the
firm's personnel, especially the technical training, education, and
experience of the employees within the firm who would be assigned to perform
the services; (b) Ability of the firm
in terms of its workload and the availability of qualified personnel,
equipment, and facilities to perform the required professional design services
or design-build services competently and expeditiously; (c) Past performance of
the firm as reflected by the evaluations of previous clients with respect to
such factors as control of costs, quality of work, and meeting of
deadlines; (d) Any other relevant
factors as determined by the university. (B) Procurement process for projects with an estimate
professional design fee of less than fifty thousand dollars: (1) For projects with an estimated professional design fee
of less than fifty thousand dollars, the following procurement process shall be
followed: (a) The OUA project
manager shall select a single design professional or firm from among those that
have submitted a current statement of qualifications within the immediately
preceding fiscal year based upon OUA's determination that the selected
design professional or firm is ranked the most qualified to perform the
required professional design services using the definition of
"qualifications" set forth in paragraph (A)(3) of this policy;
and (b) The university and
the selected design professional or firm negotiate a contract at a compensation
determined in writing to be fair and reasonable to the university;
and (c) Contract negotiations
are directed toward: (i) ensuring that the professional design firm and the
university have a mutual understanding of the essential requirements involved
in providing the required services; (ii) determining that the professional
design firm will make available the necessary personnel, equipment, and
facilities to perform the services within the required time; and (iii) agreeing
upon compensation that is fair and reasonable, taking into account the
estimated value, scope, complexity, and nature of the services. (2) The university shall not contract with any one
professional design professional or firm for more than fifty thousand dollars
of services in any one fiscal year using this policy. (C) For projects with an estimated professional design fee
of over fifty thousand dollars, procurement shall follow sections 153.66 to
153.70 of the Revised Code.
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Rule 3344-65-28 | Purchasing card.
Effective:
October 10, 2016
(A) Purchasing services and users
authorized by the controller have the authority to use a university purchasing
card or power card to pay vendors. (B) The controller shall develop rules related to
purchasing cards that govern which employees are authorized to use purchasing
cards and how credit limits are established. (C) University purchasing cards may not be used to make
cash withdrawals, nor may they be used for personal purchases. (D) Violations of the rules related to purchasing cards may
lead to discipline up to and including termination of employment.
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Rule 3344-65-29 | Debarment.
Effective:
October 10, 2016
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
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