Lawriter - OAC - 3354:2-37-01 Procurement of goods and/services.

3354:2-37-01 Procurement of goods and/services.

(A) Encumbering of funds

) The procurement of works of improvement, goods, and services requires prior authorization through the issuance of a purchase order or board resolution. Such issuance shall encumber funds appropriated for a purpose. Authority to obligate the college for these purchases is limited to those individuals specifically designated by the board with the authority to enter into such contracts.

(B) Competitive selection

(1) The procurement of all works of improvement where the cost is two hundred thousand dollars or more shall be awarded under requirements as established by the Ohio Revised Code to:

(a) The lowest responsive and responsible bidder pursuant to competitive bidding requirements using either the "general contracting (single-prime)" method or "multiple-prime" method; or

(b) A construction manager at risk (CMAR) or a design-build (D/B) services firm pursuant to competitive selection requirements.

(2) Additionally, responsible contracting practices for works of improvement are further defined in rule 3354:2-37-02 of the administarative code.

(3) The procurement of other goods and services (non works of improvement) where the cost is fifty thousand dollars or more shall be awarded pursuant to the College utilizing either a competitive bid or request for proposal process.

(4) Competitive selection requirements may be waived:

(a) Whenever the board or the president has determined that an emergency situation exists;

(b) For goods and services (non works of improvement), in the judgment of the purchasing department and with approval of the administrative services division head it is deemed impossible or impractical to obtain more than one bid due to the product being a used item, a single source item, or for any other sufficient economic reason;

(c) For goods and services (non works of improvement), whenever group buying contracts deemed to meet procurement requirements are utilized as a source for establishing price.

(5) In the event of tie bids or proposals, the following order of tie breaking will occur:

(a) The vendor with prior positive experience with the college including price, quality, product, service history, and delivery shall be considered the most responsible;

(b) The vendor which is located in Lake county shall be considered the most responsive;

(c) Coin toss.

(C) Professional services

Award of contract for the acquisition of professional services will be to providers determined to be appropriately qualified.

(D) Purchases requiring board approval

The purchase and/or lease of all equipment, materials, supplies, works of improvement, and services where the cost is fifty thousand dollars or more shall be presented to the Board for their approval prior to the purchase order being issued.

(E) Purchase of printed materials

The college is required to comply with law (section 3354.10 of the Ohio Revised Code) in awarding contracts for the purchase of printed materials.

Replaces: 3354:2-37-01

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/1998, 3/6/2003