§ 329.19. Exceptions to competitive sealed bidding.  


Latest version.
  • (a)

    Procurement of Commodities with Fixed Prices. City agencies shall have general authority to purchase items for which fixed prices prevail, such as utility services, memberships, subscriptions, professional organization certifications, and postage stamps, without complying with the provisions of Section 329.18 or any other procurement procedure specified in this chapter.

    (b)

    Petty Cash Fund Purchases. The director of any city agency in which a petty cash fund has been established may authorize expenditures for individual purchases not in excess of five hundred dollars ($500.00). No expenditures shall be made from petty cash funds for items available in the purchasing office storerooms, copy and print shop, or universal term contract. No purchase shall be artificially divided into smaller purchases to avoid the provisions of competitive bidding in this chapter.

    (c)

    Procurement Not Exceeding Five Thousand Dollars ($5,000.00).

    (1)

    A city agency may enter into contract on behalf of the city without complying with the provisions of Section 329.18 when the total expenditures under any single contract do not exceed five thousand dollars ($5,000.00) within any fiscal year. In awarding a contract under this section the city agency shall, where appropriate, undertake reasonable measures to provide for competition among potential contractors. No purchase shall be artificially divided to avoid the provisions of Section 329.18.

    (d)

    Procurement of Materials, Supplies, Equipment, and Services Other Than Construction and Professional Services not Exceeding Fifty Thousand Dollars ($50,000.00).

    (1)

    The director of finance and management or designee may enter into contracts on behalf of the city for the procurement of materials, supplies, equipment and services, other than construction and professional services, without complying with the provisions of Section 329.18 so long as total expenditures under any single contract do not exceed fifty thousand dollars ($50,000.00) within any fiscal year. However, expenditures of bond funds are subject to Ohio Revised Code Section 5705.41. Unless manifestly impractical, the finance and management director or designee must make all specifications for such contracts available for a period of not less than twenty-four (24) hours, make reasonable efforts to secure bids from at least three (3) bidders and undertake reasonable measures to provide for competition among potential bidders. These requirements are satisfied if the director uses an electronic procurement system approved by the finance and management director. The finance and management director or designee shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.18.

    (2)

    A city agency may enter into contracts on behalf of the city for service contracts, other than construction and professional services, without complying with the provisions of Section 329.18 so long as total expenditures under any single contract do not exceed fifty thousand dollars ($50,000.00) within any fiscal year. Unless manifestly impractical, the city agency must make all specifications for such contracts available for a period of not less than twenty-four (24) hours, make reasonable efforts to secure bids from at least three (3) bidders and undertake reasonable measures to provide for competition among potential bidders. These requirements are satisfied if the director uses an electronic procurement system approved by the finance and management director. The city agency shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.18.

    (e)

    Sole Source Procurement.

    (1)

    A city agency may award a contract without complying with the provisions of Section 329.18 when, after conducting reasonable investigation, the director of finance and management or designee and city agency determine that only one (1) individual or business entity is capable of supplying the required materials, supplies, equipment or services. For contracts greater than fifty thousand dollars ($50,000), the city agency shall submit legislation to city council, after negotiation, requesting approval of the contract. In its submission to city council, the city agency shall explain or describe in writing: (1) why no other individual or business entity is capable of supplying the needed materials, supplies, equipment or services; (2) what efforts were undertaken to obtain other bidders or offerors; and (3) how the price or fee structure for the contract was determined. This explanation shall become part of the contract file.

    (2)

    Any city agency awarding a contract under this section shall submit a record of the contract to the director of finance and management or designee in a format specified by the director of finance and management or designee. The director of finance and management or designee shall maintain a public record of all contracts awarded under this subsection, including those contracts awarded by the director of finance and management or designee. For each contract, the record shall clearly state the city agency involved, the contract identification number, the contractor's identity and the amount of the contract. The record shall also describe the materials, supplies, equipment and/or service procured under the contract.

    (3)

    As appropriate, this procurement method may be used by the director of finance and management or designee to establish a universal term contract (UTC).

    (f)

    Procurement from a Universal Term Contract not Exceeding One Hundred Thousand Dollars ($100,000.00).

    (1)

    The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.18, where there exists a universal term contract for that good or service, so long as total expenditures do not exceed one hundred thousand dollars ($100,000.00) in any fiscal year for that agency from the specified universal term contract.

    (g)

    Procurement from Universal Term Contract Exceeding One Hundred Thousand Dollars ($100,000.00).

    (1)

    The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.18 where there exists a universal term contract for that good or service and total expenditures in any fiscal year for that agency from the specific universal term contract will or do exceed one hundred thousand dollars ($100,000.00), only if the procurement is approved by ordinance of city council.

    (Ord. No. 3062-2014, § 3, 12-15-2014; Ord. No. 3023-2017 , § 1(Att.), 12-11-2017)

    Article III. Construction Service Contracts