Contents of Bids – Bids must state the full name of every person or company interested in the bid and be accompanied by a bond or certified check sufficient to secure performance. Bids for labor and material must be separately stated and priced. (Ohio Revised Code Section 731.15)
Award – Any or all bids may be rejected. The contract must otherwise be awarded to the lowest and best bidder. All Village contracts shall be between the Village and the bidder. A duplicate of the contract shall be filed with the Village clerk/treasurer. (Ohio Revised Code Section 731.15)When Required - Except where the contract is for equipment, services, materials, or supplies to be purchased under Ohio Revised Code Sections 713.12(D), 125.04, or 5513.01, or available from a qualified nonprofit agency pursuant to Ohio Revised Code Sections 4115.31 to 4115.35, when any expenditure, other than the compensation of persons employed therein,
exceeds $50,000, such contracts shall be in writing and made with the lowest and best bidder. (Ohio Revised Code Section 731.14)
Advertising - Contracts in excess of $50,000 must be advertised from two to four consecutive weeks in a newspaper of general circulation in the village. If the notice is posted on the village’s website, the second notice may be eliminated as long as the first notice published in the newspaper meets Ohio Revised Code Section 731.14 requirements. The bids shall be publicly read at a time specified in the advertisement. (Ohio Revised Code Sections 731.14 and 731.141)
Alterations or Modifications of Contracts – Any alterations or modifications must be made in accordance with Ohio Revised Code Section 731.16.
Exceptions to the Bidding Requirements – The Village need not seek competitive bidding for the following contracts:
1. Contracts for work to be done or for the purchase of supplies and materials in any department of the Village if a real and present emergency exits. Such contracts must be approved, by ordinance, by a two-thirds vote of the Village Council; (Ohio Revised Code Section 735.051)
2. Contracts for the purpose of purchasing used equipment and supplies at a public auction or at a sale where bids are required by all parties wishing to purchase; (Ohio Revised Code Section 735.052)
3. Contracts for purchases from other political subdivisions and agencies; and (Ohio Revised Code Section 735.053)
4. Ohio Revised Code Section 9.312 allows the Village to adopt a lowest responsive and responsible bidder standard for the award of bids. This standard is less restrictive than the lowest and best bidder standard.
5. A Village may have the option of a force account road construction project, (which is conducted by the Village using the Village’s labor, material, and equipment) instead of competitive bidding only if the estimated cost of the project determined by the Village does not exceed certain statutory limits. (refer to Auditor of State Bulletins 2003-003 and 2008-004)
6. A purchase is required to be made from a qualified non-profit community agency which operates a community rehabilitation program. (Ohio Revised Code Sections 125.60 thru 126.6012)
Villages 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. (Ohio Revised Code Section 9.314)
Municipal corporations have the power to sell real estate belonging to the municipal corporation. RC 721.01. The sale of real estate must be advertised for bid at least once a week for five consecutive weeks in a newspaper of general circulation within the municipal corporation. RC 721.03. The sale must go to the highest bidder. RC 721.03. The contract for sale must be approved by ordinance by two-thirds vote of the members of the legislative authority of the municipal corporation. RC 721.03. The board or officer may reject any bids and readvertise until all such real estate is sold. RC 721.03.