Ohio Admin. Code 123:5-3-07 - Release of a government ordering office from purchasing provisions
(A) A government
ordering office may apply for a waiver from the requirement to procure
a particular product
goods or
service
services or a category of products
goods or
services on a form provided by, and in the
manner prescribed by the office
department of administrative services ("the
department").
(B) The
administrator
department may grant a government ordering office a
waiver from the requirement to procure a
particular product
goods or service
services or a category of
products
goods or services if the office
department
determines:
(1) There is no qualified
nonprofit agency or a qualified nonprofit agency
represented by an agent available or willing to provide the requested
product
goods
or service
services; or
(2)
The office
determines that
There is a qualified
nonprofit agency or qualified nonprofit agency
represented by an agent, that is willing to provide the requested
product
goods
or service
services, but is not qualified or capable
to provide that product or service
of providing the goods or services; or
(3) The government ordering office is or has
been dissatisfied with substantially similar or same products
goods or
services provided by a
the willing qualified nonprofit agency
or the qualified nonprofit agency represented by an
agent and has reported its dissatisfaction to the
office
department or the office
department
possesses specific information indicating such dissatisfaction,
; or
(4) The office government ordering office made a good faith
effort to reach agreement with the willing qualified nonprofit agency
or an agent representing a qualified nonprofit
agency regarding price, terms and specifications but could not reach
such agreement.
(C) The
administrator
department may deny the request for waiver. If denied,
the government ordering office may submit its request to the
department director of
administrative services. The director's determination
shall
will be
final.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 125.603
Rule Amplifies: R.C. 125.607, 125.609
Prior Effective Dates: 01/01/2007, 07/17/2014
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