The Ohio Administrative Code (OAC) has been amended to reflect changes in state law and federal regulations. Rule number changes have also been made as part of a restructuring of rules referenced in the Administrative Procedure Manual (APM).
The OAC rules as set out below have been amended and contain significant changes that reflect changes in state law and federal regulations applicable to acquisitions by county agencies. The most significant changes result from the clarification made by the U. S. Department of Health and Human Services that the procurement requirements contained in 45 CFR part 92 are applicable to public sub-grantees. Please stay alert to additional communications and training opportunities regarding these new requirements.
The following OAC rules have been amended:
5101:9-4-01Acquisition Standards Definitions
This rule provides definitions for key terms contained in Chapter 5101:9-4 of the Administrative Code.
5101:9-4-02Standards of Acquisitions
This rule sets forth the requirement that each county family services agency and workforce development agency must establish and follow written acquisition standards in accordance with applicable law and regulations, which are specified in the rule.
5101:9-4-04County Written Code of Standards of Conduct
This rule establishes the requirement that each county family services agency and workforce development agency maintain a written code of standards of conduct that will govern the performance of its officers and employees engaged in acquisition activities. The rule specifies the provisions of applicable federal and state laws and regulations which must be included in the code of standards of conduct.
5101:9-4-06Small and Minority Business and Women's Business Enterprise and Labor Surplus Area Firms
This rule establishes the requirements, which are contained in federal law and rules, for county family services agencies and workforce development agencies to make efforts to utilize small and minority-owned businesses, women's business enterprises and labor surplus area firms when they are potential resources for supplies, equipment, and services.
5101:9-4-07Procurement Requirements
This rule establishes requirements from applicable federal state laws and regulations which must be contained in the written acquisition standards established by county family services agencies and workforce development agencies pursuant to rule 5101:9-4-02 of the Ohio Administrative Code. This rule consolidates a number of requirements previously contained in rule 5101-5-08, which is being rescinded. The rule emphasizes federal acquisition requirements, as purchases made for family services duties, both financial and administrative, and workforce development activities are exempt from state competitive bidding requirements.
These rules replace APM. 4000. through APM. 4032.31.
The following OAC rules have been rescinded:
5101-5-01Acquisitions Standards and Guidelines
5101-5-02Procurement Exceptions
5101-5-03Procurement Procedures
5101-5-04Code of Conduct
5101-5-06Small, Minority and Women-Owned Business
5101-5-07Procurement Methods
5101-5-08Bids, Bonds, and Contracts
Questions regarding these rules should be directed to the Bureau of County Finance and Technical Assistance at (614) 752-9194.