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. Release and permits may be granted for a single purchase or for a group of similar or related purchases. The department may issue a blanket release and permit to an agency for specific types of purchases and for any length of time, not to exceed the current biennium. 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 selection;

(B) An agency shall not proceed with the purchase until the department has granted a specific release and permit or the purchase is covered by a blanket release and permit. Whenever a release and permit has been granted, the requesting agency must purchase the supplies or services in a competitive manner or with controlling board approval unless the controlling board determines that such approval is not required.

(C) A state agency may make procurements of supplies, services or information technology when an emergency condition arises and the need cannot be met through normal procurement methods. If the amount of the purchase exceeds the limitations set forth in section 125.05 of the Revised Code, the agency shall obtain a release and permit from the department of administrative services prior to the procurement. If the purchase exceeds the dollar limitations as defined in section 127.16 of the Revised Code, the agency shall obtain approval from the president of the controlling board prior to making the purchase. Whenever it is not possible or feasible to obtain a release and permit or approval from the controlling board prior to making the purchase, the agency may proceed with the purchase and provide written confirmation of the emergency situation and purchase to the department or the controlling board no later than the next regular business day following resolution of the emergency. The emergency procurement shall be limited to those supplies and services necessary to meet the emergency.

Effective: 03/28/2014
R.C. 119.032 review dates: 01/02/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: RC 125.02, RC 125.04, RC 125.06
Rule Amplifies: RC 125.02, RC 125.021, RC 125.04, RC 125.041, RC 125.05, RC 125.06
Prior Effective Dates: 2/2/82, 8/30/84, 5/5/95