123:5-1-03 Permit to make purchases when impractical through the department.

(A) No state agency other than those excepted in sections 125.02, 125.021, 125.04 and 125.041 of the Revised Code shall procure or purchase any supplies or services, except in accordance with section 125.05 of the Revised Code. When the department of administrative services determines that it is not possible or not advantageous for the department to make the purchase, the department shall grant the agency a release and permit to make the purchase. Factors to consider for issuance of a release and permit include, but are not limited to, the following:

(1) The demonstrated ability of the agency in terms of procurement knowledge and any specialized knowledge pertinent to the procurement covered by the release;

(2) The past professional experience of the agency in exercising similar authority and the degree and quality of professional analysis demonstrated and documented by the agency seeking to undertake the acquisition;

(3) The degree of economy and efficiency to be achieved in meeting the state’s requirements if authority is delegated;

(4) The available resources of the department to exercise the authority if it is not delegated; and

(5) The ability of the department to complete the purchase pursuant to competitive bidding statutes;

(B) Every release and permit shall be filed with the agency to whom it is issued and one copy shall be filed with department of administrative services.

(C) An agency shall not proceed with the purchase until the department has granted a release and permit. Whenever a release and permit has been granted, the requesting agency must purchase the supplies or services pursuant to competitive selection requirements or with controlling board approval unless the controlling board determines that such approval is not required.

(D) When an emergency condition exists in the procurement of supplies or services and it is not practical for the agency to make such acquisitions by or through the department, such items may be purchased pursuant to rule 123:5-1-04 of the Administrative Code.

R.C. 119.032 review dates: 02/23/2004 and 02/23/2009

Promulgated Under: 119.03

Statutory Authority: 125

Rule Amplifies: 125

Prior Effective Dates: 2/2/82, 8/30/84, 5/5/95