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Limitations in certain categories; service & maintenance generally accepted — Ohio AG Opinions 2019-028 and 2024-003: construction services excluded from R.C. 9.48 cooperative purchasing

Ohio's joint purchasing statute, R.C. 9.48, authorizes political subdivisions to participate in cooperative contracts for 'equipment, materials, supplies, or services' — but the Ohio Attorney General has issued TWO formal opinions (2019-028 and 2024-003) declaring that 'construction services' CANNOT be procured through R.C. 9.48. This is one of the most formally restricted states in the country for cooperative construction procurement.

Joint Purchasing Programs; Construction Services Excluded by Ohio Attorney General Ohio Rev. Code §9.48 (with Ohio AG Opinion 2019-028 and 2024-003)

Statutory Authority

"A political subdivision may permit one or more other political subdivisions to participate in contracts into which it has entered for the acquisition of equipment, materials, supplies, or services. The Ohio Attorney General has formally opined that 'construction services' cannot be procured through joint purchasing programs under R.C. 9.48 because the General Assembly did not include 'construction' in the list of items permitted under the statute."

— Ohio Rev. Code §9.48 (with Ohio AG Opinion 2019-028 and 2024-003), Joint Purchasing Programs; Construction Services Excluded by Ohio Attorney General

Plain-language summary

Ohio's framework for cooperative construction procurement is one of the most formally restricted in the country, governed by both statute and two binding Ohio Attorney General opinions. Ohio Revised Code §9.48 authorizes political subdivisions to participate in joint purchasing programs for 'equipment, materials, supplies, or services' through three pathways: (1) participating in contracts entered into by another political subdivision, (2) joint purchasing programs operated by national or state associations of political subdivisions, or (3) federal contract offerings including GSA. Procurement under R.C. 9.48 is normally exempt from competitive selection requirements if the underlying contract was awarded through public solicitation. The Ohio Attorney General has formally and repeatedly limited this authority's application to construction. In August 2019, Opinion No. 2019-028 declared that political subdivisions CANNOT procure 'construction services' through R.C. 9.48. The AG reasoned that although the General Assembly had used 'construction' and 'construction services' in other parts of the Revised Code, those terms were not included in R.C. 9.48's list — and therefore construction services are not permitted. In March 2024, Opinion No. 2024-003 clarified the scope further: 'installation, maintenance, repairs and the like' are permissible 'services' under R.C. 9.48 (especially when procured with equipment and supplies), but 'construction' remains excluded. The 2024 opinion ended with a cautionary note that whether any particular service constitutes 'construction' is a question of fact requiring case-by-case legal analysis. Separately, R.C. 9.482 (Joint Service Agreements) and R.C. 125.04 (state Department of Administrative Services cooperative authority) provide other intergovernmental cooperation pathways with their own scope limits.

Key requirements

Construction services

Ohio is the most formally restricted state in the country for cooperative construction procurement. The Ohio Attorney General has issued TWO formal binding opinions (2019-028 and 2024-003) specifically excluding construction services from R.C. 9.48 joint purchasing. The 2019 opinion has had 'a significant limiting effect on joint purchasing programs that rely on procurements from out-of-state government entities, and a corresponding limiting effect on political subdivisions within the state that have historically relied on those programs for procurement of construction services.' The 2024 opinion allowed some clarification — 'installation, maintenance, repairs and the like' are permissible services — but 'construction' (defined as 'the process or art of constructing; act of building; erection; act of devising and forming; fabrication composition; also, a thing constructed; a structure') remains excluded. Ohio public agencies considering OMNIA Partners or Region 14 ESC Texas for construction work face an explicit AG opinion saying no. The 2024 opinion's distinction between 'installation, maintenance, repairs' (permitted) and 'construction' (excluded) means cooperative purchasing may work for some scope of work but not others — but the line between repair/maintenance and construction is a case-by-case factual question requiring careful legal analysis. Ohio agencies considering cooperative construction procurement should engage counsel early and expect that traditional construction work will need to follow Ohio's standard public improvement procurement statutes (R.C. 153.50-.71) rather than R.C. 9.48 cooperative pathways.

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How Ohio agencies access our contracts.

LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in Ohio under Ohio Rev. Code §9.48 (with Ohio AG Opinion 2019-028 and 2024-003).

Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.

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Legal Disclaimer

This summary is provided for general informational purposes only and is not legal advice. Ohio's procurement code may have been amended since this content was prepared. Confirm the current text of Ohio Rev. Code §9.48 (with Ohio AG Opinion 2019-028 and 2024-003) and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.