Sec. 125.04. (A) Except as provided in division (D) of
this | 12 |
section, the department of administrative services shall
determine | 13 |
what supplies and services are
purchased by or for
state | 14 |
agencies. Whenever the department of
administrative
services | 15 |
makes any change or
addition to the lists of supplies
and | 16 |
services that it determines
to purchase for state agencies,
it | 17 |
shall provide a list to the
agencies of the changes or
additions. | 18 |
Except for the requirements of section 125.092 and
division (B) of | 19 |
section 125.11
of
the Revised Code, sections
125.04 to 125.08 | 20 |
and
125.09 to
125.15
of the Revised Code do not
apply to or | 21 |
affect the
educational
institutions of the state. | 22 |
(c) "Political subdivision"
means any county, township, | 28 |
municipal corporation, school
district, conservancy district, | 29 |
township park district, park
district created under Chapter 1545. | 30 |
of the Revised Code,
regional transit authority, regional airport | 31 |
authority, regional water and
sewer district, or port authority. | 32 |
"Political subdivision" also includes any
other political | 33 |
subdivision described in the Revised Code that has been
approved | 34 |
by the department to participate in the department's contracts | 35 |
under
this division. | 36 |
(2) Subject to division (C) of this section, the
department | 39 |
of administrative services may permit a
political
subdivision, | 40 |
county board of elections, private fire
company, private, | 41 |
nonprofit
emergency medical service
organization, or chartered | 42 |
nonpublic school
to participate
in contracts into which the | 43 |
department
has entered for the
purchase of supplies and | 44 |
services.
The department may charge the
entity a reasonable fee | 45 |
to cover the
administrative costs the
department incurs as a | 46 |
result of
participation by the
entity in
such a purchase | 47 |
contract. | 48 |
A political subdivision
desiring to participate in such | 49 |
purchase contracts shall file
with the department a certified copy | 50 |
of an ordinance or
resolution of the
legislative authority or | 51 |
governing board of the
political
subdivision. The resolution or | 52 |
ordinance shall request
that the
political subdivision be | 53 |
authorized to participate in
such
contracts and shall agree that | 54 |
the political subdivision
will be
bound by such terms and | 55 |
conditions as the department prescribes and that it will directly | 56 |
pay the vendor
under each
purchase contract. A board of elections | 57 |
desiring to
participate in such purchase contracts shall file | 58 |
with the
purchasing authority a written request for inclusion in | 59 |
the
program.
A private fire company, private, nonprofit | 60 |
emergency
medical
service organization, or chartered nonpublic | 61 |
school desiring to participate in
such
purchase contracts shall | 62 |
file with the department a written
request for inclusion in the | 63 |
program signed
by
the chief officer
of the company, | 64 |
organization, or chartered nonpublic school. A request
for | 65 |
inclusion shall
include an agreement to be bound by such terms | 66 |
and conditions as
the
department prescribes
and to make direct | 67 |
payments to the
vendor under each
purchase
contract. | 68 |
The department shall include in its
annual report an | 69 |
estimate of the cost it incurs by permitting
political | 70 |
subdivisions, county boards of elections, private fire
companies,
| 71 |
private, nonprofit
emergency medical service
organizations,
and | 72 |
chartered nonpublic schools
to
participate in contracts
pursuant | 73 |
to this
division. The department
may require such
entities
to | 74 |
file a
report with the department,
as often as it
finds | 75 |
necessary,
stating how many such
contracts
the entities | 76 |
participated in within a
specified period
of
time,
and any other | 77 |
information the department requires. | 78 |
(C) A political subdivision as defined in division (B) of | 86 |
this
section or a county board of elections may purchase supplies | 87 |
or services
from another party, including a political | 88 |
subdivision, instead of
through participation in contracts | 89 |
described in division (B) of
this section if the political | 90 |
subdivision or county board of elections can purchase those | 91 |
supplies or services from the other party upon equivalent terms, | 92 |
conditions, and specifications but at a lower price than it can | 93 |
through those contracts. Purchases that a political subdivision or | 94 |
county board of elections
makes under this division are exempt | 95 |
from any competitive
selection procedures otherwise required by | 96 |
law. A political
subdivision or county board of elections that | 97 |
makes any purchase under this division shall
maintain sufficient | 98 |
information regarding the
purchase to verify that the
political | 99 |
subdivision or county board of elections satisfied the conditions | 100 |
for making a
purchase under this division. Nothing in this | 101 |
division restricts any action
taken by a county or township
as | 102 |
authorized by division (B)(1) of section 9.48 of the Revised
Code. | 103 |
(D) This section does not apply to supplies or services | 104 |
required by the legislative or judicial branches, the capitol | 105 |
square review and advisory board, the
adjutant general for | 106 |
military supplies and services, to
supplies or services purchased | 107 |
by a state
agency directly as
provided in division (A), (B), or | 108 |
(F) of section
125.05 of
the Revised
Code, or to purchases of | 109 |
supplies or services
for the emergency
management agency as | 110 |
provided in section 125.023
of the Revised
Code. | 111 |
(B) Not later than one hundred eighty days after the | 152 |
effective date of this section, the director shall establish a | 153 |
biobased product preference program,
which shall ensure that the | 154 |
department of administrative services, other
state agencies, and | 155 |
state institutions of higher
education
purchase biobased | 156 |
products by giving a preference to
those
designated items that | 157 |
are composed of the
highest
percentage of
biobased content | 158 |
practicable or that comply
with
regulations
adopted under 42 | 159 |
U.S.C. 6914b-1 by the
administrator
of the
United States | 160 |
environmental protection
agency. The
purchase of
biobased | 161 |
products under the
program shall be
consistent with
sections | 162 |
125.01 to 125.11 of the
Revised Code. | 163 |
(G) The director may enter into a pilot contract with a | 203 |
vendor of a biobased product that is determined by the director to | 204 |
be the sole provider of the biobased product for the purpose of | 205 |
determining if the product is feasible for use by the state. For | 206 |
purposes of entering into the contract, the director may negotiate | 207 |
pricing and the terms and conditions of the contract subject to | 208 |
the approval of the controlling board. Pricing for
the
pilot | 209 |
contract shall be based on the fair market value of
similar | 210 |
products if those products are available. The term of the
pilot | 211 |
contract may be for a length of time determined by the
director, | 212 |
not to exceed one fiscal year, to sufficiently
examine and | 213 |
complete testing of the biobased product. The director may renew | 214 |
the contract for one additional fiscal year subject to the | 215 |
approval of the controlling board. If the
director determines the | 216 |
biobased product to be feasible for use by
the state, all | 217 |
additional purchases of that product shall be made
by competitive | 218 |
selection. | 219 |
Sec. 125.093. Not later than September 30, 2010, and the | 225 |
thirtieth day of September each year thereafter, the director of | 226 |
administrative services shall prepare and submit to the governor, | 227 |
the president of the senate, and the speaker of the house of | 228 |
representatives a report that describes the number and types of | 229 |
biobased products purchased under section 125.092 of
the Revised | 230 |
Code and the amount of money spent by the department
of | 231 |
administrative services and other state agencies for those | 232 |
biobased
products. | 233 |
(B) Not later than September 30, 2010, and the thirtieth day | 245 |
of September each year thereafter, the chancellor of the board of | 246 |
regents shall prepare and submit to the governor, the president of | 247 |
the senate, and the speaker of the house of representatives a | 248 |
report that describes the number and types of biobased products | 249 |
purchased under section 125.092 of the Revised Code and the amount | 250 |
of money spent by state institutions of higher education for | 251 |
those biobased products as that information is provided to the | 252 |
chancellor under division (A) of this section. | 253 |
Sec. 5513.02. (A) Specifications describing the character
of | 257 |
the articles that the department of transportation
is proposing to | 258 |
purchase, and the
conditions governing shipment and delivery, | 259 |
shall be kept on file
at the department and open to public | 260 |
inspection
throughout the time during which an invitation to | 261 |
bidders is required to be posted. The director of transportation | 262 |
may require bids to be accompanied by a certified check payable
to | 263 |
the director in an amount fixed by the
director and stated in the | 264 |
invitation to
bidders. Persons, firms, or corporations desiring to | 265 |
bid on more
than one invitation shall be relieved from furnishing | 266 |
certified
checks with their bids provided they first furnish a | 267 |
bond payable
to the state, in an amount and with surety approved | 268 |
by the
director, conditioned for the faithful performances of all | 269 |
contracts that may be awarded to them, and otherwise
conditioned | 270 |
as the director requires. All bids shall be publicly opened and | 271 |
read at the time and place mentioned in the notice. All
purchases | 272 |
shall be made by the director from the lowest responsive and | 273 |
responsible bidder for each item in accordance with section 9.312 | 274 |
of the
Revised Code,
except where the director has established in | 275 |
the bidding
documents a provision for multiple awards for the | 276 |
purchase of
items such as asphalt, aggregates, machinery parts, | 277 |
and others
as the director determines necessary, and
except that | 278 |
in the purchase of
machinery, equipment, or supplies for which | 279 |
fixed and definite
specifications cannot be prepared, the director | 280 |
may purchase the
articles meeting the general specifications | 281 |
prescribed
and which the director finds are most suitable for the | 282 |
uses
intended. Sections
5513.01 to 5513.04 of the Revised Code | 283 |
shall apply to the
exchange of machinery and equipment and in | 284 |
force account
operations where the director desires to combine in | 285 |
one order the
furnishing, hauling, and placing of material. The | 286 |
director may
purchase or authorize the purchase without notice, or | 287 |
upon such
notice as the director prescribes, of materials
that in | 288 |
the director's judgment may
be required for the immediate repair | 289 |
of roads or bridges
destroyed or damaged by flood, landslide, or | 290 |
other casualty. No
person shall place separate orders for the | 291 |
purpose of defeating
such sections, and contracts of purchase | 292 |
shall not be valid
unless made in conformity with this section. | 293 |