123:5-3-03 Certification of agents.

(A) An entity seeking certification as an approved agent pursuant to section 125.605 of the Revised Code shall apply to the office of procurement from community rehabilitation programs. The entity shall make the application on a form provided and in a manner prescribed by the office.

(B) The administrator shall certify the entity as an approved agent for a period of three years for purposes described in sections 125.60 to 125.6012 of the Revised Code, provide the entity demonstrates all of the following:

(1) A completed applications with the duly notarized signature of its chief executive officer, and

(2) The entity has practical knowledge of the procurement program described in sections 125.60 to 125.6012 of the Revised Code, including, but not limited to:

(a) Operation of qualified nonprofit agencies.

(b) Knowledge or experience in contracting with political subdivisions.

(c) Knowledge or experience in contracting with government ordering offices.

(3) A legible copy of certification by the Ohio secretary of state indicating that the entity is registered as a nonprofit corporation according to sections 1702.01 and 1702.58 of the Revised Code, and

(4) Knowledge of and ability to perform accounting and record keeping functions sufficient to meet the business requirements of the procurement program described in sections 125.60 to 125.6012 of the Revised Code, and

(5) Knowledge of federal occupational safety and health administration requirements, and

(6) Knowledge of the state bid process and bid documents, and

(7) Knowledge of competitive sourcing of supplies and equipment.

(C) Upon receipt, review, and approval of the information required, the administrator shall certify an entity as an agent and that the entity has demonstrated to the satisfaction of the administrator that the certification criteria have been fulfilled.

(D) The administrator shall inform each entity if a decision of certification, in writing, If the administrator determines that an entity did not adequately demonstrate that the certification requirements were fulfilled as set forth in this rule, then the basis for that determination will be stated in writing to the entity.

(E) Upon certification, an agent may do any of the following:

(1) Enter into a contract with the office to provide centralized business facilitation services and to act as a distributor of products and services for willing qualified nonprofit agencies.

(2) Provide other assistance as determined to be advantageous.

(3) Enter into a contract with any interested and willing qualified nonprofit agency to provide individualized sales, marketing, accounting, planning, forecasting, administrative or other services related to efficient business management.

(F) An agent certification which was issued pursuant to this section may be suspended or revoked by the administrator if any of the following circumstances occur:

(1) The agent no longer meets the criteria set forth in this section and in sections 125.60 to 125.6012 of the Revised Code, or

(2) The administrator determines that the agent is not adequately performing its responsibilities pursuant to applicable contract terms, or

(3) The agent fails to timely provide the office with any reports required pursuant to rules 123:5-3-04 and 123:5-3-05 of the Administrative Code.

(G) Suspension or revocation of certification as an agent pursuant to sections 125.60 to 125.6012 of the Revised Code may cause the immediate cancellation of all contracts or agreements to purchase products or services from the entity in which they are named as the contractor of record.

(H) An agent may apply for a renewal of certification up to ninety days prior to the expiration of the three-year certification on a form provided by and in a manner prescribed by the office.

Effective: 01/01/2007
R.C. 119.032 review dates: 01/01/2012
Promulgated Under: 119.03
Statutory Authority: 125.603
Rule Amplifies: 125.60 , 125.603 , 125.604 , 125.605