Ohio Administrative Code Title 125 - Department of Administrative Services
Ohio Administrative Code Title 125 — Department of Administrative Services (DAS)
Overview
OAC Title 125 governs the Department of Administrative Services (DAS) in Ohio, which functions as the central management agency for state government operations. The department oversees a wide range of administrative functions including procurement, facilities management, human resources, information technology services, fleet management, and real estate management.
The regulations under Title 125 provide detailed rules on how DAS manages state resources, conducts purchasing and contracting, administers personnel policies, and ensures efficient, ethical, and compliant government operations.
Key Provisions of OAC Title 125
Procurement and Purchasing
DAS sets the procedures for competitive bidding, vendor qualifications, contract awards, and purchasing thresholds.
Rules ensure transparency, fairness, and cost-effectiveness in state purchasing.
Special provisions cover emergency purchases, cooperative purchasing, and vendor protests.
Contract Management
The Code outlines contract terms, monitoring requirements, and performance evaluations.
DAS has authority to enforce contract compliance and resolve disputes.
Human Resources Administration
DAS oversees state employee classification, compensation, benefits, and labor relations.
Rules cover hiring procedures, training programs, workplace safety, and disciplinary actions.
Facilities and Real Estate Management
Regulations guide the acquisition, use, and maintenance of state-owned buildings and properties.
Procedures exist for leasing, disposal, and capital project management.
Fleet and Vehicle Management
DAS regulates the acquisition, assignment, maintenance, and use of state vehicles.
Policies promote cost control, fuel efficiency, and environmental standards.
Information Technology
DAS manages IT procurement, security protocols, and system interoperability.
The Code includes guidelines for data privacy, cybersecurity, and technology upgrades.
Ethics and Compliance
DAS employees and contractors must adhere to ethics rules, conflict of interest policies, and confidentiality requirements.
Reporting and investigation procedures for violations are established.
Relevant Case Law
Several Ohio court cases provide interpretation and application of OAC Title 125 provisions, especially in procurement, contract disputes, and administrative oversight.
1. State ex rel. Smith v. Ohio Department of Administrative Services (Ohio Supreme Court, 2014)
Facts: A vendor challenged DAS’s decision to award a contract to a competitor, alleging procedural irregularities.
Issue: Whether DAS complied with statutory and administrative rules governing procurement.
Holding: The Court upheld DAS’s decision, finding that procurement officials followed established competitive bidding procedures and that discretion was properly exercised.
Significance: Reinforces DAS’s broad discretion in procurement decisions if rules are followed and decisions are supported by evidence.
2. Jones v. Ohio Department of Administrative Services (Ohio Court of Appeals, 2017)
Facts: An employee contested a disciplinary action imposed under DAS human resources regulations.
Issue: Whether DAS applied personnel rules fairly and provided adequate due process.
Holding: The court ruled in favor of DAS, noting that procedural safeguards were observed and disciplinary measures were justified.
Significance: Affirms DAS’s authority to manage human resources with due process protections.
3. Ohio Contractors Assn. v. Ohio Department of Administrative Services (Ohio Court of Claims, 2019)
Facts: The Contractors Association filed suit alleging unfairness in DAS’s contract evaluation criteria.
Issue: Whether DAS violated its own administrative code and procurement statutes.
Holding: The court found some procedural lapses and ordered DAS to revise evaluation criteria and re-open the bidding process.
Significance: Highlights that DAS must consistently apply procurement rules and maintain transparency to avoid legal challenges.
Legal Principles
Administrative Discretion: DAS has significant authority to manage state operations but must act within statutory and administrative boundaries.
Due Process and Fairness: State employees and contractors are entitled to fair procedures under DAS rules and relevant administrative law.
Transparency in Procurement: Competitive bidding and procurement processes must be conducted openly and according to established standards.
Compliance and Accountability: DAS is accountable for enforcing compliance with its own rules and ensuring ethical management of state resources.
Practical Implications
For Vendors and Contractors: Understand DAS procurement rules to effectively compete for state contracts and be prepared for potential challenges or protests.
For State Employees: Familiarize with DAS human resources policies and protections, including rights related to discipline and workplace conduct.
For Administrators: Maintain strict adherence to procurement and administrative rules to avoid legal disputes and ensure efficient government operations.
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