Ohio Admin. Code 3337-55-30
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/55-030
The purchasing department is committed to the efficient and economical acquisition of quality external goods and services in support of Ohio university's overall mission. We do so by providing our stakeholders with the knowledge and the tools to leverage the overall purchasing power of the institution, mitigate risk, and reduce the overall cost of goods and services. The university requires purchases from preferred and contracted suppliers.
Preferred suppliers are awarded through the competitive bid process for a specific grouping of goods or services. The supplier becomes preferred for only those items awarded through the competitive bid. To that end, Ohio university is a member of the "Inter-University Council Purchasing Group" (IUC-PG), a purchasing consortium composed of state of Ohio-assisted colleges and universities, technical schools, and community colleges. With the advantage of their combined purchasing power, the IUC-PG members jointly establish and utilize several price agreements. Contracts established by the state of Ohio, department of administrative services, and other approved public consortia are also available to Ohio university's purchasing department. Further, the purchasing department is a member of several competitively bid purchasing consortia through which suppliers are given preferred status and goods and services may be procured. When preferred suppliers are unable to meet a legitimate business need in supplying a good or service in which they have been awarded, a purchasing exception may be requested.
For those purchases not covered by a preferred supplier, the university is required to give first consideration to goods that are mined or produced in the United States. Please refer to section 125.09 of the Revised Code (ORC), and Chapter 123:5-1 of the Administrative Code (OAC).
The purchasing department oversees purchases from state programs that provide ongoing community service through the sale of goods and services and/ or provide opportunities for disadvantaged businesses.
Sections 4115.31 to 4115.35 of the Revised Code direct that any instrumentality of the state utilize a qualified non-profit state agency for the purchase of products or services which are available from a work center employing persons with disabilities.
Section 5147.07 of the Revised Code directs that any instrumentality of the state utilize the department of rehabilitation and corrections for the purchase of products available from state of Ohio correctional and penal institutions
Section 3304.30 of the Revised Code directs that any person who is in charge of a state governmental facility must consult with the director of BSVI prior to the acquisition, renovation, lease, or rental of a property to jointly determine if a site may offer a suitable vending facility, as defined in section 3304.28 of the Revised Code to be operated by BSVI.
Ohio university is committed to the state of Ohio goal to set aside fifteen per cent of spending for minority business enterprises. See section 125.081 of the Revised Code for more information.
Ohio auniversity is also committed to the encouraging diversity growth and equity ("EDGE") program applicable for all purchases of supplies, services, construction, and architect and engineering services. Ohio university will attempt to make at least five per cent of such purchases from EDGE-certified companies.
No individual outside of the purchasing department has the authority to enter into purchase contracts, or in any way to obligate Ohio university for procurement indebtedness unless specifically authorized to do so by the director of purchasing, the vice president for finance and administration, or the president. Any such negotiations are considered an unauthorized purchase and the individual could be personally liable for the purchase in accordance with section 3.12 of the Revised Code.
The university will not purchase any supplies or equipment for the personal use of university employees. Even though the individual involved may fully reimburse his or her department's budget, this procedure is in violation of state regulations; refer to section 4113.17 of the Revised Code. Those found in violation of this policy may be subject to disciplinary action, up to and including termination.
Purchasing transactions shall be awarded only on the basis of merit. In purchasing negotiations, "reciprocity" is a mutual or cooperative exchange of favors or privileges. The university does not engage in or submit to the practice of reciprocity in any purchase transactions.
All records and documentation relating to university purchases are governed by "Records Management and Archiving" policy 93.002. Additional information may be found on the finance web page.
Ohio university is exempt from paying Ohio sales tax under section 5739.02 of the Revised Code; hence, effort shall be exercised to ensure that sales tax is not charged on purchases made on behalf of the university. Ohio university has a reciprocal sales tax agreement with many other states. The finance department maintains a listing of states and their sales tax exemption status.
All university funds, regardless of source, must be handled consistently in accordance with university policy and uniform administrative requirements, cost principles, and audit requirements for federal awards also known as uniform guidance. All funds shall be administered by the finance department in a uniform manner and in accordance with Ohio university policy and procedures. For information on the foundation guidelines, see "Foundation Expenditures" policy 03.016. Grant funding must also follow specific guidelines and restrictions set forth by the granting agency.
Certain purchases that are processed through the purchasing department require additional approval from the offices listed in paragraphs (H)(1) to (H)(7) of this rule. A purchase order must be issued for these categories. Payment request transactions are not acceptable.
Safety department must approve the purchase of all radioactive material and radiation producing devices as per the "Radiation Safety Handbook."
Controlled substances ("CS"s) are chemicals that are regulated by the federal drug enforcement administration ("DEA") and the Ohio state board of pharmacy. DEA regulations and state pharmacy board rules allow faculty and staff researchers (investigators) to obtain and use CSs in institutional animal care and use committee ("IACUC")-approved animal research or institutional review board ("IRB")-approved research. All controlled substances, and any items used in their delivery (e.g., needles, syringes, sterile saline, etc.) must be ordered through the purchasing department and only by a properly authorized and DEA-licensed person, whose name is listed as the responsible person on a "Terminal Distributor of Dangerous Drugs License" for the state of Ohio, Ohio state board of pharmacy. For DEA schedule 1 and 2 controlled substances, a DEA form 222 must be completed and submitted with your requisition.
Safety department must be advised of the purchase of all hazardous materials per the "Safety Resources for Hazardous Materials."
To comply with U.S. treasury department regulations, these special procedures are in effect to govern the ordering, use, control, and reporting of tax-free ethyl alcohol required for university use: departments having large and continuing use of this material are permitted to order full-drum lots of alcohol. Alcohol must be stored in secured storerooms, and may be inspected and approved by a representative of the bureau of alcohol, tobacco and firearms. Complete and current inventory and disbursement records must be maintained on-site in strict accordance with government regulations.
Safety department must approve the purchase of all chemicals of interest as defined by the department of homeland security, cybersecurity andinfrastructure security agency (CISA) appendix for chemicals of interest. Additionally, special agents and toxins as defined by the center for disease control, cannot be ordered without prior approval from the institutional biosafety committee
All purchases of movable equipment exceeding the capitalized inventory threshold must be identified, recorded and accounted for as defined in "Equipment Inventory Control" policy 19.054.
Bidding requirements for the purchase of non-construction-related goods and services are regulated Chapter 125. of the Revised Code. Construction bidding requirements are regulated by Chapter 153. of the Revised Code. All purchases exceeding Revised Code limits or Ohio university's board of trustees' competitive bidding thresholds must be publicly bid by the purchasing department. For further information, see the purchasing web page and "Purchasing - Competitive Bidding" policy 55.007.
Ohio university is also committed to the following programs:
Ohio university is an affirmative action, equal opportunity institution. No person will be denied opportunity for employment or education or be subject to discrimination in any project, program, or activity, based on any of the categories listed as protected in "Equal Employment and Educational Opportunity" policy 40.001.
Limited purchases may be made through a payment request. Requests for a payment should be submitted to the payments department through the eprocurement system. Refer to finance department's payment request guidelines.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/55-030
Ohio Admin. Code 3337-55-30
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01