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H. B. No. 246 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Blessing, Huffman, Thompson, Martin, Derickson, Uecker, Adams, J., Sprague, Wachtmann, Young, Slaby, Rosenberger, Hayes
A BILL
To amend section 9.314 of the Revised Code to
authorize political subdivisions to purchase by
reverse auction certain services and supplies that
they are currently prohibited from purchasing by
reverse auction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.314 of the Revised Code be amended
to read as follows:
Sec. 9.314. (A) As used in this section:
(1) "Contracting authority" has the same meaning as in
section 307.92 of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
township, county, school district, or other body corporate and
politic responsible for governmental activities only in geographic
areas smaller than that of the state and also includes a
contracting authority.
(3) "Reverse auction" means a purchasing process in which
offerors submit proposals in competing to sell services or
supplies in an open environment via the internet.
(4) "Services" means the furnishing of labor, time, or effort
by a person, not involving the delivery of a specific end product
other than a report which, if provided, is merely incidental to
the required performance. "Services" does not include services
furnished pursuant to employment agreements or collective
bargaining agreements.
(5) "Supplies" means all property, including, but not limited
to, equipment, materials, other tangible assets, and insurance,
but excluding real property or interests in real property.
(B)(1) Whenever any political subdivision determines that the
use of a reverse auction is advantageous to the political
subdivision, the political subdivision, in accordance with this
section and rules the political subdivision shall adopt, may
purchase services or supplies by reverse auction. The services or
supplies purchased by reverse auction may include
(2) A political subdivision shall not purchase supplies or
services by reverse auction if the contract concerns the design,
construction, alteration, repair, reconstruction, or demolition of
a building, highway, road, street, alley, drainage system, water
system, waterworks, ditch, sewer, sewage disposal plant, or any
other structure or works of any kind.
(C) A political subdivision shall solicit proposals through a
request for proposals. The request for proposals shall state the
relative importance of price and other evaluation factors. The
political subdivision shall give notice of the request for
proposals in accordance with the rules it adopts.
(D) As provided in the request for proposals and in the rules
a political subdivision adopts, and to ensure full understanding
of and responsiveness to solicitation requirements, the political
subdivision may conduct discussions with responsible offerors who
submit proposals determined to be reasonably susceptible of being
selected for award. The political subdivision shall accord
offerors fair and equal treatment with respect to any opportunity
for discussion regarding any clarification, correction, or
revision of their proposals.
(E) A political subdivision may award a contract to the
offeror whose proposal the political subdivision determines to be
the most advantageous to the political subdivision, taking into
consideration factors such as price and the evaluation criteria
set forth in the request for proposals. The contract file shall
contain the basis on which the award is made.
(F) The rules that a political subdivision adopts under this
section may require the provision of a performance bond, or
another similar form of financial security, in the amount and in
the form specified in the rules.
(G) If a political subdivision is required by law to purchase
services or supplies by competitive sealed bidding or competitive
sealed proposals, a purchase made by reverse auction satisfies
that requirement.
Section 2. That existing section 9.314 of the Revised Code is
hereby repealed.
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