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State of Ohio - Controlling Board Request
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
OPERATING REQUEST Controlling Board No.
Status:  Approved
Meeting Date:  12/4/2017

Public Defender Commission

Public Defender Commission
Waiver of Competitive Selection  (Revised Code Section 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
Agency Released Competitive Opportunity (Revised Code Section 127.162)
Other Statutory Authority/Bill Section:
Operating Transfer Request  (Revised Code Section 127.14)
      Other Statutory Authority/Bill Section:
Fiscal Year(s)
Bill No.
HB 49
Eligible for OBM
Director Approval?

For FYAmountNameAddressCityStateCountyZip Code
PUB01 2018 $23,448.00 Joshua E. Hall, Attorney at Law 844 S. Front St. Columbus OH Franklin 43206

Fund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameFYAmountFYAmount
4C70 019601 MULTI-COUNTY: COUNTY SHARE 2018 $12,896.40 $.00
GRF 019403 MULTI-COUNTY: STATE SHARE 2018 $10,551.60 $.00

Timothy Young 12/04/2017
Agency Director or Authorized Agent On The Date Of
11/13/2017 Christine Morrison
Date Controlling Board President/OBM Director
Name:  Andy T Plagenz Title:  Chief Financial Officer
Phone:  (614) 644 - 1588 Fax:  (614) 644 - 9972 E-Mail:
  The Public Defender Commission respectfully requests Controlling Board approval to waive competitive selection in the amount of $23,448.00 from fund 4C70, ALI 019601 (Multi-County: County Share) and fund GRF, ALI 019403 (Multi-County: State Share), in FY18, to contract with Joshua E. Hall, Attorney at Law, Columbus Ohio, to provide representation to indigent persons in Pickaway County as part of the agency's Multi-County Branch Office Program.  
  The Ohio Public Defender operates a Multi-County Branch Office system in 9 counties in Ohio. The program is authorized under ORC Sections 120.33(B) and 120.04(C)(7), which allows county commissioners and the State Public Defender to contract with one another to provide indigent defense services as an alternative to appointed counsel or county public defender offices.

Under this program, county commissioners contract with the State Public Defender to provide the representation. The State Public Defender, in turn, has established three branch offices and contracts with private attorneys to provide the actual services.

The agency is presently contracting with Mr. Hall for the first six months of fiscal year 2018 to provide representation in Pickaway County, one of the counties that participates in the Multi-County Branch Office Program. The agency wishes to continue contracting with Mr. Hall to provide services for the second six months of state fiscal year 2018.

When hiring new contract attorneys for the Multi-County Branch Office, the Ohio Public Defender normally uses a competitive process similar to a request for qualifications or like the process used when hiring a new employee. That is, when there is a vacancy or new contract opportunity in the Multi-County Region, the agency posts the notice of the new opportunity on the agency website and sends the notice to the local bar association and courts. The agency reviews responses (generally resumes and letters of interest) to ensure the attorney qualifies under OAC 120-1-10, and makes a selection from the qualified applicants. Given the small population of eligible attorneys in the region served, and because these are fixed amount contracts with little room for negotiation on price, the agency will generally offer the selected attorney subsequent contracts without further competitive selection procedures, unless there are performance issues. This request is to award an existing contractor a subsequent contract, so the agency did not engage in a competitive process specifically for the proposed agreement for the second half of FY 18.

The amount of the proposed contract when combined with the amount of first six-month contract of FY 18 and the last disbursement from the fiscal year 2017 contract exceeds the $50,000 threshold, therefore requires a waiver of competitive selection. The details are:

FY 17 encumbrance disbursed in July 2017 (during FY 18): $3,444
FY 18 Contract for July-December 2017: $23,496
FY 18 Proposed Contract for January - July 2018: $23,448

FY 18 Total disbursements: $50,388.00
Attachments Controlling Board Request No.: PUB0100173
Attachment TypeAttachment Description
Contract Proposed FY 2018 contract with Joshua E. Hall
Release and Permit Information
NameFYAmountR & P #R & P DateIssued ByComments
Joshua E. Hall, Attorney at Law 2018 $23,448.00 PUB18/19

Operating Request Required Information
New Contract - Joshua E. Hall, Attorney at Law
Controlling Board Request No.: PUB0100173
1. Selection Process: Was this contract subject to selection by a Request for Proposal (RFP),
Request for Qualification (RFQ), Request for Information (RFI) process? No
Explain why this contract was not subject to an RFP, RFQ or RFI process
The contract was not subject to an RFP process because it is for legal services, OAKS account code 510052, which is included in the Blanket Release and Permit for Fiscal Year 2018 and 2019 issued by DAS on May 3, 2017. (PUB 18/19)
2. Provide the following selected contractor information:
Joshua E. Hall, Attorney at Law
844 S. Front St.
Columbus,   OH  43206
County: Franklin
3. Contractor's location from which all or most of the contract work will be performed, if different from the
location of principal place of business. (For institutional agencies, cite the location of the institution,
including the city and county, where services are to be performed.)
Joshua E. Hall, Attorney at Law
Circleville,   OH  43113
County: Pickaway
4. Institutional agencies only: Is the contractor currently performing services at the institution listed above?
5. Specify the deliverables of this contract or describe the scope of service(s) to be performed by this contractor.
The Contractor agrees to provide legal representation in Pickaway County Common Pleas Court and Circleville Municipal Court on behalf of the Multi-County Office of the Ohio Public Defender, wherein the party to be represented is indigent and when the Contractor is appointed to do so by the court having jurisdiction of the case.
6. Cite the account category of expense being used for this purchase of service(s).
Account CategorySubobjectAmountNon-Exempt Amount
510052 $23,448.00 $23,448.00

Total Amounts $23,448.00 $23,448.00
Duration of this contract (beginning and ending dates) within the fiscal biennium.
Beginning Date Ending Date
01/01/2018 06/30/2018
8. Is the contractor already performing work under this contract? No
9. Identify all state contracts which the selected contractor has had approved by the Controlling Board
since the beginning of the last fiscal year through this fiscal year to date. Also include contracts approved
for this agency or institutions of higher education.
a. Total number of contracts. 0
b. For each contract list the state agency and the contract amount.
AgencyContract/Agreement AmountFY
10. Contractor Procurement Compliance:
a. Is this contractor in compliance with Buy America? Yes
  Explain: The contractor lives in and provides services in the State of Ohio.
b. Is this contractor in compliance with Buy Ohio? Yes
Explain: The contractor lives in and provides services in the State of Ohio.
Provide the following employee information: Nationwide Ohio
Total Number of Employees 1    1   
Percentage of Women 0% 0%
Percentage of Minorities 0% 0%
12. What percent of the work will be done by subcontractors?  0
  If more than 50%, provide the same information for each subcontractor as requested in number 11 above for the contractor.
# of Employees
% of Women
% of Minorities
# of Employees
% of Women
% of Minorities
13.  Provide all subsequent renewal schedules (beginning and ending dates) and amounts associated with this contract.

A contract renewal is the exercise of an option to enter into a subsequent contract with a vendor in accordance with renewal provisions specified in a preceding contract.
Beginning DateEnding DateTotal Lease Amount
Explain contract provisions.  The contract has no renewal provisions