(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.
