Bill Text: OH HB246 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To authorize political subdivisions to purchase by reverse auction certain services and supplies that they are currently prohibited from purchasing by reverse auction.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2011-06-01 - To Local Government [HB246 Detail]

Download: Ohio-2011-HB246-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 246

Representative Roegner 

Cosponsors: Representatives Blessing, Huffman, Thompson, Martin, Derickson, Uecker, Adams, J., Sprague, Wachtmann, Young, Slaby, Rosenberger, Hayes 

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A BILL

To amend section 9.314 of the Revised Code to

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authorize political subdivisions to purchase by

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reverse auction certain services and supplies that

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they are currently prohibited from purchasing by

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reverse auction.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 9.314 of the Revised Code be amended	6
to read as follows:	7

Sec. 9.314.  (A) As used in this section:

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(1) "Contracting authority" has the same meaning as in	9
section 307.92 of the Revised Code.	10

(2) "Political subdivision" means a municipal corporation,	11
township, county, school district, or other body corporate and	12
politic responsible for governmental activities only in geographic	13
areas smaller than that of the state and also includes a	14
contracting authority.	15

(3) "Reverse auction" means a purchasing process in which	16
offerors submit proposals in competing to sell services or	17
supplies in an open environment via the internet.	18

(4) "Services" means the furnishing of labor, time, or effort	19
by a person, not involving the delivery of a specific end product	20
other than a report which, if provided, is merely incidental to	21
the required performance. "Services" does not include services	22
furnished pursuant to employment agreements or collective	23
bargaining agreements.	24

(5) "Supplies" means all property, including, but not limited	25
to, equipment, materials, other tangible assets, and insurance,	26
but excluding real property or interests in real property.	27

(B)(1) Whenever any political subdivision determines that the	28
use of a reverse auction is advantageous to the political	29
subdivision, the political subdivision, in accordance with this	30
section and rules the political subdivision shall adopt, may	31
purchase services or supplies by reverse auction. The services or	32
supplies purchased by reverse auction may include	33

(2) A political subdivision shall not purchase supplies or	34
services by reverse auction if the contract concerns the design,	35
construction, alteration, repair, reconstruction, or demolition of	36
a building, highway, road, street, alley, drainage system, water	37
system, waterworks, ditch, sewer, sewage disposal plant, or any	38
other structure or works of any kind.	39

(C) A political subdivision shall solicit proposals through a	40
request for proposals. The request for proposals shall state the	41
relative importance of price and other evaluation factors. The	42
political subdivision shall give notice of the request for	43
proposals in accordance with the rules it adopts.	44

(D) As provided in the request for proposals and in the rules	45
a political subdivision adopts, and to ensure full understanding	46
of and responsiveness to solicitation requirements, the political	47
subdivision may conduct discussions with responsible offerors who	48
submit proposals determined to be reasonably susceptible of being	49
selected for award. The political subdivision shall accord	50
offerors fair and equal treatment with respect to any opportunity	51
for discussion regarding any clarification, correction, or	52
revision of their proposals.	53

(E) A political subdivision may award a contract to the	54
offeror whose proposal the political subdivision determines to be	55
the most advantageous to the political subdivision, taking into	56
consideration factors such as price and the evaluation criteria	57
set forth in the request for proposals. The contract file shall	58
contain the basis on which the award is made.	59

(F) The rules that a political subdivision adopts under this	60
section may require the provision of a performance bond, or	61
another similar form of financial security, in the amount and in	62
the form specified in the rules.	63

(G) If a political subdivision is required by law to purchase	64
services or supplies by competitive sealed bidding or competitive	65
sealed proposals, a purchase made by reverse auction satisfies	66
that requirement.	67

Section 2. That existing section 9.314 of the Revised Code is	68
hereby repealed.	69