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H. B. No. 330 As Reported by the House Transportation and Infrastructure CommitteeAs Reported by the House Transportation and Infrastructure Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Chandler, DeGeeter, Domenick, Evans, Fende, Foley, Garland, Harris, Letson, Okey, Phillips, Pryor, Skindell, Weddington, Williams, B., Yuko, Hagan, Mallory, Bolon, Combs, Balderson, McClain, Ruhl
A BILL
To amend section 5513.01 of the Revised Code to
authorize the director of transportation to
include school districts in purchase contracts for
machinery, materials, supplies, and other
articles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5513.01 of the Revised Code be
amended to read as follows:
Sec. 5513.01. (A) All purchases of machinery, materials,
supplies, or other articles that the director of transportation
makes shall be in the manner provided in this section. In all
cases except those in which the director provides written
authorization for purchases by district deputy directors of
transportation, all such purchases shall be made at the central
office of the
department of transportation in Columbus. Before
making any
purchase at that office, the
director, as provided in
this section, shall give notice
to bidders of the director's
intention to purchase. Where the
expenditure does not
exceed the
amount
applicable to the purchase of supplies specified in
division (B) of
section 125.05 of the Revised Code, as adjusted
pursuant to division (D) of that
section,
the director shall give
such notice as the director considers proper, or the
director may
make the purchase without
notice. Where the expenditure
exceeds
the amount applicable to the purchase of supplies specified in
division (B) of section 125.05 of the Revised Code, as adjusted
pursuant to division
(D) of that section, the director shall give
notice by posting
for not less than ten
days a written, typed, or
printed invitation to bidders on a
bulletin board, which shall be
located in a place in the offices
assigned to the department and
open to the public during
business hours. Producers or
distributors of any product may
notify the director, in writing,
of the class of articles for the
furnishing of which they desire
to bid and their post-office
addresses, in which case copies of
all invitations to bidders
relating to the purchase of such
articles shall be mailed to such
persons by the director by
regular first class mail at
least ten days prior to the time fixed
for taking bids. The
director also may mail copies of all
invitations to bidders
to news agencies or other agencies or
organizations distributing
information of this character. Requests
for invitations shall
not be valid nor require action by the
director unless
renewed,
either annually or after such shorter
period as the director may
prescribe by a general rule. The
invitation to bidders shall contain a brief statement of the
general character of the article that it is intended to
purchase,
the approximate quantity desired, and a statement of
the time and
place where bids will be received, and may relate to
and describe
as many different articles as the director thinks
proper, it being
the intent and purpose of this section to
authorize the inclusion
in a single invitation of as many
different articles as the
director desires to invite bids upon at
any given time.
Invitations issued during each calendar year
shall be given
consecutive numbers, and the number assigned to
each invitation
shall appear on all copies thereof. In all cases
where notice is
required by this section, sealed bids shall be
taken, on forms
prescribed and furnished by the director, and
modification of bids
after they have been opened shall
not be permitted.
(B) The director may permit the Ohio turnpike commission, any
political subdivision, and any state university or college to
participate in contracts into which the director has entered for
the purchase of machinery, materials, supplies, or other
articles.
The turnpike commission and any political subdivision or state
university or
college desiring to participate in such purchase
contracts shall
file with the director a certified copy of the
bylaws
or rules of the turnpike commission or the ordinance or
resolution of the legislative authority, board of trustees, or
other governing board requesting authorization to participate in
such contracts and agreeing to be bound by such terms and
conditions as the director prescribes. Purchases made by the
turnpike commission,
political subdivisions, or state universities
or colleges under
this division are exempt from any competitive
bidding required by
law for the purchase of machinery, materials,
supplies, or other
articles.
(C) As used in this section:
(1) "Political subdivision" means any county, township,
municipal corporation, conservancy district, township park
district, park district created under Chapter 1545. of the
Revised
Code, port authority, regional transit authority,
regional airport
authority, regional water and sewer district, or county
transit
board, or school district as defined in section 5513.04 of the
Revised Code.
(2) "State university or college" has the same meaning as
in
division (A)(1) of section 3345.32 of the Revised Code.
(3) "Ohio turnpike commission" means the commission created
by section 5537.02 of the Revised Code.
Section 2. That existing section 5513.01 of the Revised Code
is hereby repealed.
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