(A)Federal and
state acquisition requirements
(1)For the purpose of this rule,
acquisition is defined as purchases of services, supplies and equipment funded
by state or federal funds received from the Ohio department of job and family
services (ODJFS).
(1)(2)Each county family services agency (CFSA) and workforce development agency (WDA) Workforce Innovation and Opportunity Act (WIOA) local area shall
ensure that all purchases of services, supplies, and
equipment funded by state or federal funds received from the Ohio department of
job and family services (ODJFS)acqusitions
meet applicable federal and state statutes, regulations, rules, and 2 C.F.R.
200 and 45 C.F.R. 75, as in effect December 19, 2014.
These requirements include, but are not limited to, Chapter 125. of the Revised
Code, this chapter, and:
(a)29 C.F.R. 95
when not-for-profit organizations expend department of labor (DOL) funds; and
(b)29 C.F.R. 97
when governments expend DOL funds;
(2)(3)This chapter contains a number of provisions
from the applicable federal rules, but not all such provisions.
(4)For the purpose of this rule,
acquisition is defined as charges made by a CFSA or WIOA local area to a
project or program for which a state or federal award was received.
(B)Acquisition
standards
(1)Development of
written standards
Each CFSA and WDAWIOA local area shall develop written acquisition
standards. These acquisition standards shall comply with all applicable federal
and state acquisition statutes, regulations, rules,
and circulars. The written standards shall also contain all relevant
requirements of the provisions of this chapter, including the requirements
listed in rule 5101:9-4-07 of the Administrative Code.
(2)Application of
standards
(a)The CFSA and WDAWIOA local area shall
follow written acquisition standards whenever making any acquisition funded in
whole or in part by state or federal funds.
(b)These
acquisition standards are also applicable to any sub-grantee of the CFSA or WDAWIOA local area that
is funded in whole or in part by state or federal funds.
(c)The acquisition
standards referred to in this rule and the requirements contained in this
chapter do not apply to those acquisitions made exclusively with county funds
that are not used to match state or federal funds received from ODJFS.
(3)Assurances
(a)Each CFSA and WDAWIOA local area is
legally responsible to ensure that all acquisitions funded in whole or in part
by state or federal funds meet the acquisition standards established under this
chapter.
(b)Each CFSA and WDAWIOA local area shall
ensure that all of its employees involved in procurement activities know and
comply with these acquisition standards.
(c)Each CFSA and WDAWIOA local area shall
ensure that any sub-grantee entity or contractor funded in whole or in part by
state or federal funds is aware of the requirements contained in paragraph (A)
of this rule. The agency shall ensure that any grant agreement or contract,
specify that any acquisition shall conform to these requirements.
Effective: 6/6/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 05/26/2022
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 125.04, 329.04, 307.86
Prior Effective Dates: 09/12/2005, 01/22/2010, 03/05/2015