FAPL 36 (Prior Approval Requests of Noncompetitive Procurements)
Fiscal Administrative Procedure Letter No. 36
March 8, 2012
TO: Fiscal Administrative Procedure Manual Holders
FROM: Michael B. Colbert, Director
SUBJECT: Prior Approval Requests of Noncompetitive Procurements

This FAPL supersedes FAPL No. 2 "County Procurement Guidelines Using Federal Money in Whole or in Part, and Utilizing the Ohio Cooperative Purchasing Program by Counties" and No. 27 "Updated County Procurement Guidelines." The additional guidance included in FAPLs No. 2 and No. 27 will be issued as technical assistance.

Paragraph (C) of Administrative Code rule 5101:9-4-07.1 "Procurement Methods" describes the following circumstances in which noncompetitive procurement is permitted:

  • Sole Source Procurements
  • Public Exigency or Emergency Procurements
  • Failed Procurements
  • Purchases for technical equipment or services where prices are established by law
  • With the Approval of the Awarding Agency

Although the first four noncompetitive procurement methods listed above do not require prior approval, ODJFS will accept requests for "prior approval" when the county is unsure whether competition is inadequate and/or wants ODJFS to render an opinion regarding their procurement efforts.

For the purposes of obtaining "approval of the awarding agency," ODJFS is considered the awarding agency [see, 7 CFR 3016.3; 29 CFR 97.3; or 45 CFR 92.3]; therefore, the county must obtain PRIOR approval of the proposed noncompetitive procurement from ODJFS. Such prior approval will only be given in instances of compelling and substantial business reasons for a county. Failure to adequately plan for a needed procurement will not be considered a compelling and substantial business reason.

The procedure for consideration of requests for prior approval of noncompetitive procurement from ODJFS is as follows:

The county shall submit a detailed request to ODJFS thoroughly describing the county's desired purchase, the complete circumstances surrounding the proposed purchase, the county's compelling and substantial business reason for requesting the prior approval of a noncompetitive procurement, a cost analysis, and any other details relevant to the ODJFS decision on the request. ODJFS may request clarification or additional required information in its consideration of any such request.

Once all required information has been received by and any clarifications provided to ODJFS, ODJFS shall have thirty (30) business days to approve or deny a request.

Requests must be submitted by email to the following address:

OCA_PURCHASING_REQUEST@jfs.ohio.gov

Subject line should read: "Prior Approval Request - (County Name)" and preferably be submitted to ODJFS at least six months in advance.

Questions regarding this FAPL should be directed to your Fiscal Supervisor or the Bureau of County Finance and Technical Assistance at 614-752-9194.