As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 204 5
1997-1998 6
REPRESENTATIVES WACHTMANN-TIBERI-HODGES-TAYLOR-VAN VYVEN- 8
HOOD-SCHULER-PADGETT 8/1
11
A B I L L
To amend section 125.04 of the Revised Code to allow 13
certain political subdivisions to purchase 14
supplies and services outside of a Department of 15
Administrative Services purchase contract and 16
without complying with competitive selection 17
procedures if the purchase can be made at a lower 18
price than is available through such a contract. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 125.04 of the Revised Code be 23
amended to read as follows: 24
Sec. 125.04. (A) Except as provided in division (C)(D) of 35
this section, the department of administrative services shall 36
determine what supplies and services are purchased by or for 37
state agencies. Whenever the department of administrative 38
services makes any change or addition to the lists of supplies 39
and services that it determines to purchase for state agencies, 40
it shall provide a list to the agencies of the changes or 41
additions and indicate when the department will be prepared to 42
furnish each item listed. Except for the requirements of 43
division (B) of section 125.11 of the Revised Code, sections 44
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 45
apply to or affect the educational institutions of the state. 46
The department shall not include the bureau of workers' 47
compensation in the lists of supplies, equipment, and services 48
purchased and furnished by the department. 49
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Nothing in this division precludes the bureau from entering 51
into a contract with the department for the department to perform 52
services relative to supplies, equipment, and services contained 53
in this division for the bureau. 54
(B) As used in this division, "political subdivision" 56
means any county, township, municipal corporation, school 57
district, conservancy district, township park district, park 58
district created under Chapter 1545. of the Revised Code, 59
regional transit authority, regional airport authority, regional 60
water and sewer district, or port authority. "Political 61
subdivision" also includes any other political subdivision 62
described in the Revised Code that has been approved by the 63
department to participate in the department's contracts under
this division. 64
The SUBJECT TO DIVISION (C) OF THIS SECTION, THE department 67
of administrative services may permit a political subdivision to 68
participate in contracts into which the department has entered 69
for the purchase of supplies and services. Any political 70
subdivision desiring to participate in such purchase contracts 71
shall file with the department a certified copy of an ordinance 72
or resolution of the legislative authority or governing board of 73
the political subdivision. The resolution or ordinance shall 74
request that the political subdivision be authorized to 75
participate in such contracts and shall agree that the political 76
subdivision will be bound by such terms and conditions as the 77
department prescribes and that it will directly pay the vendor 78
under each purchase contract. The department may charge a 79
political subdivision a reasonable fee to cover the 80
administrative costs the department incurs as a result of the 81
subdivision's participation in the purchase contract. Purchases 82
made by a political subdivision under this division are exempt 83
from any competitive selection procedures otherwise required by 84
law. No political subdivision shall make any purchase under this 85
division when bids have been received for such purchase by the 86
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subdivision, unless such purchase can be made upon the same 87
terms, conditions, and specifications at a lower price under this 88
division. 89
The department shall include in its annual report an 91
estimate of the cost it incurs by permitting political 92
subdivisions to participate in contracts pursuant to this 93
division. The department may require political subdivisions 94
participating in contracts pursuant to this division to file a 95
report with the department, as often as it finds necessary, 96
stating how many such contracts the political subdivisions 97
participate in within a specified period of time, and any other 98
information the department requires. 99
(C) A POLITICAL SUBDIVISION MAY PURCHASE SUPPLIES OR 101
SERVICES FROM ANOTHER PARTY INSTEAD OF THROUGH PARTICIPATION IN 102
CONTRACTS DESCRIBED IN DIVISION (B) OF THIS SECTION IF THE 104
POLITICAL SUBDIVISION CAN PURCHASE THOSE SUPPLIES OR SERVICES 105
FROM THE OTHER PARTY UPON THE SAME TERMS, CONDITIONS, AND 106
SPECIFICATIONS BUT AT A LOWER PRICE THAN IT CAN THROUGH THOSE 107
CONTRACTS. PURCHASES THAT A POLITICAL SUBDIVISION MAKES UNDER 108
THIS DIVISION ARE EXEMPT FROM ANY COMPETITIVE SELECTION 109
PROCEDURES OTHERWISE REQUIRED BY LAW. A POLITICAL SUBDIVISION 110
THAT MAKES ANY PURCHASE UNDER THIS DIVISION SHALL CERTIFY TO THE 111
DEPARTMENT SUFFICIENT INFORMATION REGARDING THE PURCHASE, AS THE 112
DEPARTMENT DETERMINES, TO VERIFY THAT THE POLITICAL SUBDIVISION 113
SATISFIES THE CONDITIONS FOR MAKING A PURCHASE UNDER THIS 114
DIVISION.
(D) This section does not apply to supplies or services 116
required by the legislative or judicial branches, boards of 117
elections, the capitol square review and advisory board, the 118
adjutant general, to supplies or services purchased by a state 119
agency directly as provided in division (A) of section 125.05 of 120
the Revised Code, to purchases of supplies or services for the 121
emergency management agency as provided in section 125.023 of the 122
Revised Code, or to purchases of supplies or services for the 123
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department of rehabilitation and correction in its operation of 124
the program for the employment of prisoners established under 125
section 5145.16 of the Revised Code that shall be made pursuant 126
to rules adopted by the director of administrative services and 127
the director of rehabilitation and correction in accordance with 128
Chapter 119. of the Revised Code. The rules may provide for the 129
exemption of the program for the employment of prisoners from the 130
requirements of division (A) of this section. 131
Section 2. That existing section 125.04 of the Revised 133
Code is hereby repealed. 134
Section 3. Section 125.04 of the Revised Code is presented 136
in this act as a composite of the section as amended by Am. Sub. 137
H.B. 107, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 121st 138
General Assembly, with the new language of none of the acts shown 139
in capital letters. This is in recognition of the principle 140
stated in division (B) of section 1.52 of the Revised Code that 141
such amendments are to be harmonized where not substantively 142
irreconcilable and constitutes a legislative finding that such is 143
the resulting version in effect prior to the effective date of 144
this act.