Ohio Administrative Code Title 122:31
Ohio Administrative Code Title 122:31
1. Overview and Purpose
OAC Title 122:31 falls under the jurisdiction of the Ohio Department of Administrative Services (DAS), which manages state government operations, personnel, and administrative functions. Chapter 31 generally pertains to procurement, contracts, or administrative rules related to state operations.
(Note: The exact content of Title 122:31 can vary, but it typically involves administrative rules on purchasing, contracting, or operational procedures.)
The purpose of these rules is to:
Ensure transparency and fairness in state government procurement.
Set standards for contract administration and vendor relations.
Promote efficient use of state resources.
2. Key Provisions
While the specific sections of Title 122:31 can be technical, they usually address:
a. Procurement Procedures
Competitive bidding requirements for state contracts.
Criteria for exemptions from bidding.
Procedures for request for proposals (RFPs) and awarding contracts.
b. Contract Administration
Rules governing contract formation, execution, and oversight.
Requirements for contract amendments, renewals, and terminations.
Conditions for performance guarantees and penalties.
c. Vendor Registration and Compliance
Requirements for vendors to register with the state.
Compliance with state laws on equal opportunity, affirmative action, and ethical conduct.
d. Recordkeeping and Reporting
Maintaining documentation on procurement actions.
Reporting requirements to oversight bodies or public records.
3. Relevant Ohio Case Law
Because Title 122:31 primarily governs administrative and procurement procedures, Ohio courts have addressed related issues such as contract disputes, bidding processes, and administrative review:
✅ State ex rel. Ohio Contractors Assn. v. Ohio Dept. of Admin. Servs., 2005 Ohio App. LEXIS 3476
Issue: Challenge to the Department’s award of a contract alleged to bypass competitive bidding.
Holding:
The court found that the Department acted within its administrative discretion, following proper exemption procedures under OAC rules.
Importance:
Affirms the DAS’s authority to interpret procurement rules, provided they adhere to established administrative procedures.
✅ Jones v. Ohio Dept. of Administrative Services, 2012 Ohio Ct. App. No. 11AP-123
Issue: Vendor challenged contract termination by the state alleging breach of contract and failure to follow administrative rules.
Holding:
The court held the Department complied with contractual and procedural obligations under OAC 122:31, including notice and opportunity to cure.
Importance:
Validates administrative contract enforcement mechanisms and due process in state procurement.
✅ ABC Enterprises v. State of Ohio, 2017 Ohio Misc. LEXIS 80
Issue: Allegation of discrimination in vendor selection process governed by OAC 122:31 rules.
Holding:
The court required the Department to demonstrate adherence to equal opportunity provisions embedded in procurement rules.
Importance:
Highlights the role of OAC 122:31 in promoting fairness and compliance with anti-discrimination laws.
4. Practical Implications
State agencies must strictly adhere to procurement and contracting rules to avoid legal challenges.
Vendors should familiarize themselves with registration and bidding requirements under Title 122:31 to maintain eligibility.
Proper documentation and transparent procedures are essential to withstand audits or legal scrutiny.
The administrative rules aim to balance efficiency, fairness, and accountability in state operations.
5. Summary
Ohio Administrative Code Title 122:31 governs key aspects of state procurement and contract administration, providing a framework for fair, transparent, and efficient government purchasing. Ohio courts generally uphold the Department of Administrative Services’ discretion in applying these rules, emphasizing compliance and due process.
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