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Sub. S. B. No. 268 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Niehaus, Gardner, Schuler, Schuring, Cates, Fedor, Roberts, Buehrer, Harris, Kearney, Mumper, Spada, Wilson
A BILL
To amend sections 9.48, 125.04, 307.86, and 3313.46
and to enact section 307.862
of the Revised Code
to allow a county contracting
authority to use
competitive sealed proposals
instead of
competitive sealed bidding when doing
so would be
advantageous to the county, to extend
the current
county and township joint purchasing authority to
other political subdivisions, and to authorize
boards of education
to forgo the second newspaper
publication of bid advertisement in
lieu of an
internet web site posting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.48, 125.04, 307.86, and 3313.46 be
amended and section 307.862
of the Revised Code be enacted to
read as follows:
Sec. 9.48. (A) As used in this section, "political
subdivision" has the same meaning as in section 2744.01 of the
Revised Code.
(B) A county or township political subdivision may do any of
the following:
(1) Permit one or more other
counties or townships political
subdivisions to participate in contracts into which it
has entered
for the acquisition of equipment, materials,
supplies, or
services, and may charge such participating
counties or townships
political subdivisions a reasonable fee to cover any additional
costs
incurred as a result of their participation;
(2) Participate in a joint purchasing program operated by or
through
a
national or state association of political subdivisions
in which the
purchasing county or township political subdivision
is eligible for membership.
(3) Participate in contract offerings from the federal
government that are available to a county or township political
subdivision including, but not limited to, contract offerings from
the general services administration.
(B)(C) Acquisition by a
county or township political
subdivision of equipment, material, supplies, or
services, through
participation in a contract of another
county or township
political subdivision or participation in an association program
under division (A)(B)(1) or (2) of this
section, is exempt from
any
competitive selection requirements otherwise required by law,
if
the contract in which it is participating was awarded pursuant
to a publicly solicited request for a proposal or a competitive
selection procedure of another political subdivision within this
state or in another state. Acquisition by a county or township
political subdivision of equipment, materials, supplies, or
services pursuant to division (A)(B)(3) of this section is exempt
from any competitive selection requirements otherwise required by
law.
No county or township political subdivision shall acquire
equipment, materials, supplies, or
services by participating in a
contract under this section if it has
received bids for such
acquisition, unless its participation
enables it to make the
acquisition upon the same terms,
conditions, and specifications at
a lower price.
(C)(D) A county or township political subdivision that is
eligible to participate in a joint purchasing program operated by
or through a national or state association of political
subdivisions in which the purchasing county or township political
subdivision is eligible for membership may purchase supplies or
services
from another party, including another political
subdivision, instead of
through participation in contracts
authorized by division (A)(B)(2) of
this section if the county or
township 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 county or township political
subdivision
makes under this division are exempt from any
competitive
selection procedures otherwise required by law. A
county or township political subdivision that makes any purchase
under this division shall
maintain sufficient information
regarding the
purchase to verify that the
county or township it
satisfied the conditions for making a
purchase under this
division. Nothing in this division restricts any action
taken by a
county or township political subdivision
as authorized by division
(A)(B)(1) of this section.
(E) The authorization granted to a municipal corporation
under this section shall be in addition to, and not in derogation
of, the powers and authority granted by state law, the Ohio
Constitution, and the provisions of a municipal charter,
ordinance, or resolution.
Sec. 125.04. (A) Except as provided in division (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)(1) As used in this division:
(a) "Emergency medical service organization" has the same
meaning
as in section 4765.01 of the Revised Code.
(b) "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.
(c) "Private fire company" has the same meaning as in section
9.60 of the Revised Code.
(2) Subject to division (C) of this section, the
department
of administrative services may permit a
political
subdivision,
county board of elections, private fire
company, or private,
nonprofit
emergency medical service
organization
to participate
in contracts into which the
department
has entered for the
purchase of supplies and
services.
The department may charge the
entity a reasonable fee to cover the
administrative costs the
department incurs as a result of
participation by the
entity in
such a purchase contract.
A 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. A board of elections
desiring to
participate in such purchase contracts shall file
with the
purchasing authority a written request for inclusion in
the
program.
A private fire company or private, nonprofit
emergency
medical
service organization desiring to participate in
such
purchase contracts shall
file with the department a written
request for inclusion in the program signed
by
the chief officer
of the company or organization. A request
for inclusion shall
include an agreement to be bound by such terms
and conditions as
the
department prescribes
and to make direct payments to the
vendor under each
purchase
contract.
The department shall include in its
annual report an
estimate of the cost it incurs by permitting
political
subdivisions, county boards of elections, private fire
companies,
and private, nonprofit
emergency medical service
organizations
to
participate in contracts pursuant to this
division. The department
may require such
entities
to file a
report with the department,
as often as it finds necessary,
stating how many such
contracts
the entities participated in within a
specified period
of
time,
and any other
information the department requires.
(3) Purchases made by a political subdivision or a county
board of elections 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.
(C) A political subdivision as defined in division (B) of
this
section or a county board of elections may purchase supplies
or services
from another party, including a political
subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political
subdivision or county board of elections 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 or
county board of elections
makes under this division are exempt
from any competitive
selection procedures otherwise required by
law. A political
subdivision or county board of elections that
makes any purchase under this division shall
maintain sufficient
information regarding the
purchase to verify that the
political
subdivision or county board of elections satisfied the conditions
for making a
purchase under this division. Nothing in this
division restricts any action
taken by a county or township
as
authorized by division (A)(B)(1) of section 9.48 of the Revised
Code.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, 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) or (E) 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. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861,
339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, 5513.01,
5543.19, 5713.01,
and
6137.05 of the Revised Code, shall be
obtained through
competitive bidding. However, competitive bidding
is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of
its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority
shall maintain the record for the longer
of at least one
year
after
the contract is awarded or the amount of time the
federal
government
requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information
technology, such as programming services, that are proprietary or
limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) The purchase is made by a county department of job and
family services under section 329.04 of the Revised Code and
consists of family services duties or workforce development
activities
or is made by a county board of mental retardation and
developmental disabilities under section 5126.05 of the Revised
Code and consists of program services, such as direct and
ancillary client services,
child care, case management
services,
residential services,
and family resource services.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans that the contracting
authority is authorized
to purchase, and the contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices;
(3) Requests issuers of
the policies, contracts, or
plans
to
submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans as the
contracting authority desires to purchase;
(4) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans at the best and
lowest price
reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child care services are purchased for provision to
county
employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals
for leasing the property, specifying the criteria that
will be
considered prior to leasing the property, including the
desired
size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective
lessors to obtain a lease at the best and lowest
price
reasonably
possible considering the fair market value of
the
property and any
relocation and operational costs that may be
incurred
during the
period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency
pursuant to
section 307.92 or 5153.16 of the Revised Code
and
consists of
family services,
programs, or ancillary services
that
provide case management, prevention, or
treatment services
for
children at risk of being or alleged to be abused,
neglected,
or
dependent children.
(L) The purchase is to obtain the services of emergency
medical service organizations under a contract made by the board
of county commissioners pursuant to section 307.05 of the Revised
Code with a joint emergency medical services district.
(M) The county contracting authority determines that the use
of competitive sealed proposals would be advantageous to the
county and the contracting authority complies with section 307.862
of the Revised Code.
Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under
division (I) of
this section may have the issuer's or prospective
lessor's
name and address, or the name and address
of an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least
every three years from the date of the signing of such a
contract.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 307.862. (A) When a county contracting authority uses
competitive sealed proposals pursuant to section 307.86 of the
Revised Code, the county contracting authority shall do all of the
following:
(1) Develop factors and criteria to evaluate each proposal,
specify the relative importance of each factor or criterion in
writing, and describe the evaluation procedures the contracting
authority shall follow when awarding a contract to an offeror.
(2) Solicit competitive sealed proposals through a request
for proposals;
(3) Include, at a minimum, all of the information described
in division (B) of this section in the request for proposals;
(4) Give notice
of the request for proposals in the same
manner that notice must be given for competitive bidding pursuant
to section 307.87 of the Revised Code;
(5) Open proposals that the contracting authority receives in
a manner that prevents the disclosure of contents of competing
offers to competing offerors;
(6) Rank each proposal using the factors and criteria the
contracting authority develops pursuant to division (A)(1) of this
section;
(7) If necessary, conduct discussions with offerors for the
purpose of ensuring full understanding of, and responsiveness to,
the requirements specified in the request for proposals, and
accord fair and equal treatment with respect to any opportunity
for discussion with offerors to provide any clarification,
correction, or revision of proposals;
(8) If the contracting authority determines that discussions
described in division (A)(7) of this section are necessary, avoid
disclosing any information derived from proposals submitted by
competing offerors during those discussions;
(9) Negotiate with the offeror who submits the proposal that
the contracting authority determines is the most advantageous to
the county based on the rankings performed by the contracting
authority pursuant to division (A)(6) of this section and
including any adjustment to those rankings based on discussions
conducted pursuant to division (A)(7) of this section;
(10) Conduct negotiations with only one offeror at a time;
(11) Except as provided in division (F) of this section,
award a contract in accordance with division (E) of this section.
(B)
A contracting authority shall include, at a minimum, all
of the following information in the contracting authority's
request for proposals:
(1) The name and address of the department, office,
institution, board, or commission that is requesting to purchase
supplies, services, or both;
(2) Instructions for offerors to follow when submitting
proposals;
(3) Instructions governing communications between an offeror
and the contracting authority, including, but not limited to, the
name, title, and telephone number of the person to whom questions
concerning the request for proposals should be directed;
(4) A description of the scope of work that the contracting
authority requests an offeror to perform or supplies the
contracting authority plans to purchase;
(5) To the extent possible, a description of the performance
criteria the contracting authority shall require an offeror to
satisfy, including but not limited to, the quantity of the
supplies, services, or both, to be purchased; the requirements the
contracting authority shall follow for inspection and acceptance
of the supplies, services, or both; and the delivery schedule for
each such supply or service;
(6) The factors and criteria the contracting authority shall
consider in evaluating proposals received;
(7) Any terms and conditions that the contracting authority
is required by law to include in the contract the contracting
authority awards, including any requirement for a bond and the
amount required for that bond;
(8) The date and time by which, and the place to which an
offeror must deliver the offeror's proposal to the contracting
authority in order to be considered for the contract;
(9) A list of any documents that the contracting authority
incorporates by reference in the request for proposals, provided
that the contracting authority specifies in the request for
proposals that the documents are readily available to all offerors
and the location where an offeror may obtain those documents;
(10) A statement that includes all of the following
information:
(a) That the contracting authority reserves the right to
reject any proposal in which the offeror takes exception to the
terms and conditions of the request for proposals; fails to meet
the terms and conditions of the request for proposals, including
but not limited to, the standards, specifications, and
requirements specified in the request for proposals; or submits
prices that the contracting authority considers to be excessive,
compared to existing market conditions, or determines exceed the
available funds of the contracting authority;
(b) That the contracting authority reserves the right to
reject, in whole or in part, any proposal that the county
contracting authority has determined, using the factors and
criteria the contracting authority develops pursuant to division
(A)(1) of this section, would not be in the best interest of the
county;
(c) That the contracting authority may conduct discussions
with offerors who submit proposals for the purpose of
clarifications or corrections regarding a proposal to ensure full
understanding of, and responsiveness to, the requirements
specified in the request for proposals.
(11) Information concerning any potential partial or multiple
party awards that the contracting authority may include in the
contract, and a description of the supplies, services, or both
that may be subject to a partial award or multiple awards;
(12) Any additional information the contracting authority
considers necessary for its purposes in determining to whom to
award the contract.
(C) In order to ensure fair and impartial evaluation,
proposals and any documents or other records related to a
subsequent negotiation for a final contract that would otherwise
be available for
public inspection and copying
under section
149.43 of the Revised
Code shall not be available until after the
award of
the contract.
(D) An offeror may withdraw the offeror's proposal at any
time prior to the award of a contract. A contracting authority may
terminate negotiations with an offeror at any time during the
negotiation process if the offeror fails to provide the necessary
information for negotiations in a timely manner or fails to
negotiate in good faith. If the contracting authority terminates
negotiations with an offeror, the contracting authority shall
negotiate with the offeror whose proposal is ranked the next most
advantageous to the county according to the factors and criteria
developed pursuant to division (A)(1) of this section.
(E) A county contracting authority may award a contract
to
the offeror whose proposal is determined to be the most
advantageous to the county, taking into consideration the
evaluation factors and criteria developed pursuant to division
(A)(1) of this section and set forth in the request for proposals.
A contracting authority may award a contract in whole or in part
to one or more offerors. The contracting authority shall include a
written statement in the contract file stating the basis on which
the award is made.
The contracting authority shall send a written notice to the
offeror to whom it wishes to award the contract and shall make
that notice available to the public. Within a reasonable time
period after the award is made, the contracting authority shall
notify all other offerors that the contract has been awarded to
another offeror.
(F) A contracting authority may cancel or reissue a request
for proposals if any of the following apply:
(1) The supplies or services offered through all of the
proposals submitted to the contracting authority are not in
compliance with the requirements, specifications, and terms and
conditions set forth in the request for proposals;
(2) The prices submitted by the offerors are excessive
compared to existing market conditions or exceed the available
funds of the contracting authority;
(3) The contracting authority determines that award of a
contract would not be in the best interest of the county.
(G) A county contracting authority shall not use competitive
sealed proposals for contracts for construction, design,
demolition,
alteration, repair, or reconstruction of a building,
highway,
drainage system, water system, road, street, alley,
sewer, ditch,
sewage disposal plant, waterworks, and all other
structures or
works of any nature by a county contracting
authority.
Sec. 3313.46. (A) In addition to any other law governing
the bidding for
contracts by the board of education of any school
district, when any such
board determines to build, repair,
enlarge, improve, or demolish
any school building,
the cost of
which will exceed twenty-five thousand dollars, except in
cases of
urgent necessity, or for the security and protection of
school
property, and except as otherwise provided in division (D)
of
section 713.23 and in section 125.04 of the Revised Code, all of
the
following shall apply:
(1) The board shall cause to be prepared the plans,
specifications, and related information as required in divisions
(A), (B), and (D) of section 153.01 of the Revised Code unless the
board
determines that other information is sufficient to inform
any bidders of the
board's requirements. However, if the board
determines that such other
information is sufficient for bidding a
project, the board shall not engage in
the construction of any
such project involving the practice of professional
engineering,
professional surveying, or architecture, for which plans,
specifications, and estimates have not been made by, and the
construction
thereof inspected by, a licensed professional
engineer, licensed professional
surveyor, or registered architect.
(2) The board shall advertise for bids once each week for a
period of
at least not less than two
consecutive weeks in a
newspaper of general circulation in the district
prior to before
the date specified by the board
for
receiving bids. The board may
also cause notice to be inserted in trade papers or other
publications designated by it or to be distributed by electronic
means, including posting the notice on the board's internet web
site. If the board posts the notice on its web site, it may
eliminate the second notice otherwise required to be published in
a newspaper of general circulation within the school district,
provided that the first notice published in such newspaper meets
all of the following requirements:
(a) It is published at least two weeks before the opening of
bids.
(b) It includes a statement that the notice is posted on the
board of education's internet web site.
(c) It includes the internet address of the board's internet
web site.
(d) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(3) Unless the board extends the time for the opening of
bids
they shall be opened at the time and place specified by the board
in the
advertisement for the bids.
(4) Each bid shall contain the name of every person
interested therein. Each bid shall meet the requirements of
section 153.54
of the Revised Code.
(5) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof, or may require that bids be
submitted without such separation.
(6) None but the lowest responsible bid shall be accepted.
The board may reject all the bids, or accept any bid for both
labor and material for such improvement or repair, which is the
lowest in the aggregate. In all other respects, the award of
contracts for improvement or repair, but not for purchases made
under section 3327.08 of the Revised Code, shall be pursuant to
section 153.12 of the Revised Code.
(7) The contract shall be between the board and the
bidders.
The board shall pay the contract price for the work
pursuant to
sections 153.13 and 153.14 of the Revised Code. The
board shall
approve and retain the estimates referred to in
section 153.13 of
the Revised Code and make them available to the
auditor of state
upon request.
(8) When two or more bids are equal, in the whole, or in
any
part thereof, and are lower than any others, either may be
accepted, but in no case shall the work be divided between such
bidders.
(9) When there is reason to believe there is collusion or
combination among the bidders, or any number of them, the bids of
those concerned therein shall be rejected.
(B) Division (A) of this section does not apply to the board
of education of
any school district in any of the following
situations:
(1) The acquisition of educational materials used in
teaching.
(2) If the board determines and declares by resolution
adopted by two-thirds
of all its members that any item is
available and can be acquired only from a
single source.
(3) If the board declares by resolution adopted by two-thirds
of all its
members that division (A) of this section does not
apply to any installation,
modification, or remodeling involved in
any energy conservation measure
undertaken through an installment
payment contract under section 3313.372 of
the Revised Code or
undertaken pursuant to division (G) of section 133.06 of
the
Revised Code.
(4) The acquisition of computer software for instructional
purposes and computer hardware for instructional purposes
pursuant
to division (B)(4) of section 3313.37 of the
Revised
Code.
(C) No resolution adopted pursuant to division (B)(2) or (3)
of this section
shall have any effect on whether sections 153.12
to 153.14 and 153.54 of the
Revised Code apply to the board of
education of any school district with
regard to any item.
Section 2. That existing sections 9.48, 125.04, 307.86, and
3313.46 of the Revised Code
are hereby repealed.
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