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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 204 |
REPRESENTATIVES WACHTMANN-TIBERI-HODGES-TAYLOR-VAN VYVEN-
HOOD-SCHULER-PADGETT-SAWYER-GARCIA-BUCHY-TERWILLEGER-
BRADING-REID-VESPER
A BILL
To amend sections 125.04, 125.56, 731.14, 731.141, and 735.05 of the Revised
Code to
allow certain
political subdivisions to purchase supplies and services outside
of a Department of Administrative Services purchase
contract and
without complying with competitive selection procedures if the
purchase can be made at a lower price than is available through
such a contract, to increase the competitive bidding
threshold for certain
municipal contracts from $10,000 to $15,000, and to eliminate the requirement
that state printing contracts be executed
within
Ohio.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.04, 125.56, 731.14, 731.141, and 735.05 of the
Revised Code be amended
to read as follows:
Sec. 125.04. (A) Except as provided in division (C)(D) of
this section, the department of administrative services shall
determine what supplies and services are purchased by or for
state agencies. Whenever the department of administrative
services makes any change or addition to the lists of supplies
and services that it determines to purchase for state agencies,
it shall provide a list to the agencies of the changes or
additions and indicate when the department will be prepared to
furnish each item listed. Except for the requirements of
division (B) of section 125.11 of the Revised Code, sections
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not
apply to or affect the educational institutions of the state. The department
shall not include the bureau of workers'
compensation in the lists of supplies, equipment, and services
purchased and furnished by the department.
Nothing in this division precludes the bureau from entering
into a contract with the department for the department to perform
services relative to supplies, equipment, and services contained
in this division for the bureau.
(B) As used in this division, "political subdivision"
means any county, township, municipal corporation, school
district, conservancy district, township park district, park
district created under Chapter 1545. of the Revised Code,
regional transit authority, regional airport authority, regional water and
sewer district, or port authority. "Political subdivision" also includes any
other political subdivision described in the Revised Code that has been
approved by the department to participate in the department's contracts under
this division.
The SUBJECT TO DIVISION (C) OF THIS SECTION, THE
department of administrative services may permit a
political subdivision to participate in contracts into which the
department has entered for the purchase of supplies and services. Any
political subdivision
desiring to participate in such purchase contracts shall file
with the department a certified copy of an ordinance or
resolution of the legislative authority or governing board of the
political subdivision. The resolution or ordinance shall request
that the political subdivision be authorized to participate in
such contracts and shall agree that the political subdivision
will be bound by such terms and conditions as the department
prescribes and that it will directly pay the vendor under each
purchase contract. The department may charge a political
subdivision a reasonable fee to cover the administrative costs
the department incurs as a result of the subdivision's
participation in the purchase contract. Purchases made by a
political subdivision under this division are exempt from any
competitive selection procedures otherwise required by law. No
political subdivision shall make any purchase under this division
when bids have been received for such purchase by the
subdivision, unless such purchase can be made upon the same
terms, conditions, and specifications at a lower price under this
division.
The department shall include in its annual report an
estimate of the cost it incurs by permitting political
subdivisions to participate in contracts pursuant to this
division. The department may require political subdivisions
participating in contracts pursuant to this division to file a
report with the department, as often as it finds necessary,
stating how many such contracts the political subdivisions
participate in within a specified period of time, and any other
information the department requires.
(C) A POLITICAL SUBDIVISION AS DEFINED IN DIVISION (B) OF THIS
SECTION MAY PURCHASE SUPPLIES OR SERVICES
FROM ANOTHER PARTY, INCLUDING ANOTHER POLITICAL SUBDIVISION, INSTEAD OF
THROUGH PARTICIPATION IN CONTRACTS
DESCRIBED IN DIVISION (B) OF
THIS SECTION IF THE POLITICAL SUBDIVISION CAN PURCHASE THOSE
SUPPLIES OR SERVICES FROM THE OTHER PARTY UPON EQUIVALENT TERMS,
CONDITIONS, AND SPECIFICATIONS BUT AT A LOWER PRICE THAN IT CAN
THROUGH THOSE CONTRACTS. PURCHASES THAT A POLITICAL SUBDIVISION
MAKES UNDER THIS DIVISION ARE EXEMPT FROM ANY COMPETITIVE
SELECTION PROCEDURES OTHERWISE REQUIRED BY LAW. A POLITICAL
SUBDIVISION THAT MAKES ANY PURCHASE UNDER THIS DIVISION SHALL
MAINTAIN SUFFICIENT INFORMATION REGARDING THE
PURCHASE TO VERIFY THAT THE
POLITICAL SUBDIVISION SATISFIED THE CONDITIONS FOR MAKING A
PURCHASE UNDER THIS DIVISION.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, boards of
elections, the capitol square review and advisory board, the
adjutant general, to supplies or services purchased by a state
agency directly as provided in division (A) of section 125.05 of
the Revised Code, to purchases of supplies or services for the emergency
management agency as provided in section 125.023 of the Revised Code, or to
purchases of supplies or services for the
department of rehabilitation and correction in its operation of
the program for the employment of prisoners established under
section 5145.16 of the Revised Code that shall be made pursuant
to rules adopted by the director of administrative services and
the director of rehabilitation and correction in accordance with
Chapter 119. of the Revised Code. The rules may provide for the
exemption of the program for the employment of prisoners from the
requirements of division (A) of this section.
Sec. 125.56. All printing under sections 125.43 to 125.76 of the Revised
Code, must SHALL be executed within this state PURSUANT
TO SECTION 125.11 of the Revised Code.
Sec. 731.14. All contracts made by the legislative
authority of a village shall be executed in the name of the
village and signed on its behalf by the mayor and clerk. Except
where the contract is for equipment, services, materials, or
supplies to be purchased under division (D) of section 713.23, or
section 125.04 or 5513.01 of the Revised Code or available from a
qualified nonprofit agency pursuant to sections 4115.31 to
4115.35 of the Revised Code, when any expenditure, other than the
compensation of persons employed therein, exceeds ten FIFTEEN
thousand
dollars, such contracts shall be in writing and made with the
lowest and best bidder after advertising for not less than two
nor more than four consecutive weeks in a newspaper of general
circulation within the village. The bids shall be opened and
shall be publicly read by the clerk of such village or a person
designated by him THE CLERK at the time, date, and place
specified in the
advertisement to bidders or specifications. The time, date, and
place of bid openings may be extended to a later date by the
legislative authority of the village, provided that written or
oral notice of the change shall be given to all persons who have
received or requested specifications no later than ninety-six
hours prior to the original time and date fixed for the opening.
This section does not apply to those villages that have provided
for the appointment of a village administrator under section
735.271 of the Revised Code.
Sec. 731.141. In those villages that have established the
position of village administrator, as provided by section 735.271
of the Revised Code, the village administrator shall make
contracts, purchase supplies and materials, and provide labor for
any work under his THE ADMINISTRATOR'S supervision involving
not more than ten FIFTEEN thousand dollars. When an
expenditure, other than the
compensation of persons employed by the village, exceeds ten
FIFTEEN thousand dollars, such expenditure shall first be authorized
and
directed by ordinance of the legislative authority of the
village. When so authorized and directed, except where the
contract is for equipment, services, materials, or supplies to be
purchased under division (D) of section 713.23, or section 125.04
or 5513.01 of the Revised Code or available from a qualified
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the
Revised Code, the village administrator shall make a written
contract with the lowest and best bidder after advertisement for
not less than two nor more than four consecutive weeks in a
newspaper of general circulation within the village. The bids
shall be opened and shall be publicly read by the village
administrator or a person designated by him THE VILLAGE
ADMINISTRATOR at the time, date, and place as specified in the
advertisement to bidders or
specifications. The time, date, and place of bid openings may be
extended to a later date by the village administrator, provided
that written or oral notice of the change shall be given to all
persons who have received or requested specifications no later
than ninety-six hours prior to the original time and date fixed
for the opening. All contracts shall be executed in the name of
the village and signed on its behalf by the village administrator
and the clerk.
The legislative authority of a village may provide, by
ordinance, for central purchasing for all offices, departments,
divisions, boards, and commissions of the village, under the
direction of the village administrator who shall make contracts,
purchase supplies or materials, and provide labor for any work of
the village in the manner provided by this section.
Sec. 735.05. The director of public service may make any
contract, purchase supplies or material, or provide labor for any
work under the supervision of the department of public service
involving not more than ten FIFTEEN thousand dollars. When an
expenditure within the department, other than the compensation of
persons employed therein, exceeds ten FIFTEEN thousand dollars,
such
expenditure shall first be authorized and directed by ordinance
of the city legislative authority. When so authorized and
directed, except where the contract is for equipment, services,
materials, or supplies to be purchased under division (D) of
section 713.23, or section 125.04 or 5513.01 of the Revised Code
or available from a qualified nonprofit agency pursuant to
sections 4115.31 to 4115.35 of the Revised Code, the director
shall make a written contract with the lowest and best bidder
after advertisement for not less than two nor more than four
consecutive weeks in a newspaper of general circulation within
the city.
Section 2. That existing sections 125.04, 125.56, 731.14, 731.141, and 735.05
of the Revised Code are
hereby repealed.
Section 3. Section 125.04 of the Revised Code is presented in this act
as a composite of the section as amended by Am. Sub. H.B. 107, Am. Sub. S.B.
99, and Am. Sub. S.B. 162 of the 121st General Assembly, with the new language
of none of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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