Ohio Admin. Code 5703-25-56 - Real estate assessment fund; competitive bidding requirement
(A) Under division
(F) of section 5713.01 of the Revised Code, any
contract for goods or services related to the auditor's duties as assessor,
except those for the professional services of an appraiser, shall be awarded
pursuant to the competitive bidding procedures set forth in sections
307.86 to
307.92 of the Revised Code.
Examples of contracts that require competitive bidding include, but are not
limited to, contracts for mapping, computers, and reproduction on any medium of
any documents, records, photographs, microfiche, or magnetic tapes. The only
assessment-related contracts of the county auditor that are not subject to the
competitive bidding procedures are the contracts for the professional services
of an appraiser.
(B) Contracts that
contain both the professional services of an appraiser and computer, mapping,
reproduction, or any other services that are not the professional services of
an appraiser are subject to the competitive bidding procedures mentioned
above.
(C) A contract to purchase
computer software is not a contract for the professional services of an
appraiser and is subject to the competitive bidding procedures. A contract to
purchase computer software includes a contract for computer programming
services to create or modify computer software.
(D) If an appraiser uses computer hardware or
software, either the appraiser's own or the county's equipment, in the
performance of the appraisal services, all the services are deemed to be
appraisal services, and a contract for such services is not subject to the
competitive bidding procedures.
(E)
Any contract, whether in whole or in part, for the preparation of tax maps as
defined in paragraph (B)(2) of rule
5703-25-55
of the Administrative Code is subject to the competitive bidding procedures
mentioned above, even if the services contained therein might otherwise be
considered to be the professional services of an appraiser, and even if the
services are performed by engineers, surveyors, consultants, or others who
would otherwise be exempted from competitive bidding by section
307.86 of the Revised
Code.
(F) Any contract for the
assessment-related services of a person who is not an appraiser is subject to
the competitive bidding procedures, even if that person would otherwise be
exempted from the competitive bidding procedures by section
307.86 of the Revised Code; for
example, contracts with accountants, attorneys at law, and
consultants.
(G) For purposes of
this rule and division (F) of section
5713.01 of the Revised Code, the
professional services of an appraiser are any assessment-related services
performed by persons who are professional appraisers and who are on the tax
commissioner's list of appraisal firms and individual appraisers that have
created a file pursuant to paragraphs (J) and (K) of rule
5703-25-08
of the Administrative Code, and which include:
(1) The direct appraisal of real property
either for a sexennial reappraisal, a triennial update, annual maintenance, or
for any other special appraisal contract for the determination of "true value
in money" or "true value" of all real property as defined in paragraph (A) of
rule
5703-25-05 of the
Administrative Code, or for the determination of "current agricultural use
value of land" as defined in paragraph (B)(2) of rule
5703-25-30 of the
Administrative Code;
(2) The direct
appraisal of manufactured or mobile homes taxed like real property under
division (D)(2) of section
4503.06 of the Revised
Code;
(3) Preparation and updating
of property record cards, including parcel sketching on any medium;
(4) The use of computer hardware and software
to perform the services listed in paragraphs (G)(1), (G)(2), and (G)(3) of this
rule;
(5) Appraisal consulting
services relating to the services described in paragraphs (G)(1), (G)(2), and
(G)(3) of this rule; and
(6) The
support of values in administrative or judicial proceedings.
(H) For purposes of this rule and
division (F) of section
5713.01 of the Revised Code, the
professional services of an appraiser do not include:
(1) The sale of computer hardware and
software;
(2) Any mapping
projects;
(3) The reproduction of
documents, including videodisc imaging;
(4) Any assessment-related services performed
by persons who are not professional appraisers and who are not on the tax
commissioner's list of appraisal firms and individual appraisers that have
created a file pursuant to paragraphs (J) and (K) of rule
5703-25-08
of the Administrative Code; and
(5)
Any other services not listed in paragraph (G) of this rule.
(I) Notwithstanding any other
paragraph of this rule, no assessment-related contract is required to be
competitively bid if its cost is not in excess of the dollar limitation
contained in section 307.86 of the Revised Code. This
dollar limitation should apply separately to each purchase or lease only if it
may reasonably and in good faith constitute a separate contract or purchase
order. The purchase or lease may not be split into separate contracts or orders
for the purpose of avoiding the competitive bidding procedures. What
constitutes a "purchase" for purposes of section
307.86 of the Revised Code is a
question of fact to be determined on a case-by-case basis.
Notes
Promulgated Under: 119
Statutory Authority: 5703.05
Rule Amplifies: 5713.01
Prior Effective Dates: 05/10/1993, 07/15/1996, 09/18/2003, 11/18/2004
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