AGO 1993-065.

• Case Date: December 21, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-065. December 21, 1993OPINION NO. 1993-065The Honorable Gregory J. Brown Ashtabula County Prosecuting Attorney Ashtabula County Courthouse 25 West Jefferson Street Jefferson, Ohio 44047-1092 Dear Prosecutor Brown: You have requested an opinion concerning the applicability of competitive bidding requirements to the transactions of a veterans service commission. Although you did not specify any particular sections of the Revised Code among the many that prescribe competitive bidding, all of these sections, with the exception of R.C. 307.86, are clearly inapplicable to contracts of a veterans service commission.(fn1) Accordingly, this opinion is limited to an analysis of the applicability of R.C. 307.86 to the contracts of a veterans service commission.

The Competitive Bidding Requirements of R.C. 307.86 Apply to the County and to a "Contracting Authority" As Defined in R.C. 307.92

R.C. 307.86 provides, in pertinent part, as follows:

Anything to be purchased, leased, leased with an option or agreement to purchase, or constructed, including, but not limited to, any product, structure, construction, reconstruction, improvement, maintenance, repair, or service, except the services of an accountant, architect, attorney at law, physician, professional engineer, construction project manager, consultant, surveyor, or appraiser by or on behalf of the county or contracting authority, as defined in section 307.92 of the Revised Code, at a cost in excess of ten thousand dollars, except as otherwise provided in division (D) of section 713.23 and in sections 125.04, 307.022, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be obtained through competitive bidding.(fn2)

Thus, the county and "contracting authorities" are subject to R.C. 307.86 for purchases or leases, with certain express exceptions, exceeding a cost of $10,000. "Contracting authority" is defined by R.C. 307.92 as "any board, department, commission, authority, trustee, official, administrator, agent, or individual which has authority to contract for or on behalf of the county or any agency, department, authority, commission, office, or board thereof." Therefore, whether R.C. 307.86 applies to the transactions of a veterans service...