As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 258

Senator Kearney 

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A BILL

To enact section 125.083 of the Revised Code to

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generally require that state agencies set aside a

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certain amount of purchases for which only small

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business enterprises may compete.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 125.083 of the Revised Code be	5
enacted to read as follows:	6

Sec. 125.083. (A) As used in this section, "small business	7
enterprise" means any person with a principal place of business or	8
research in the state that meets the requirements of a "business	9
concern" as set forth in 13 C.F.R. 121.702.	10

(B) From the purchases that the department of administrative	11
services is required by law to make through competitive selection,	12
the director of administrative services shall select a number of	13
such purchases, the aggregate value of which equals approximately	14
ten per cent of the estimated total value of all such purchases to	15
be made in the current fiscal year. The director shall set aside	16
the purchases selected for competition only by small business	17
enterprises. The competitive selection procedures for such	18
purchases set aside shall be the same as for all other purchases	19
the department is required to make through competitive selection,	20
except that only small business enterprises shall be qualified to	21
compete.	22

(C) To the extent that any agency of the state, other than	23
the department of administrative services, the legislative and	24
judicial branches, boards of elections, and the adjutant general,	25
is authorized to make purchases, the agency shall set aside a	26
number of purchases, the aggregate value of which equals	27
approximately ten per cent of the aggregate value of such	28
purchases for the current fiscal year for competition by small	29
business enterprises only. The procedures for such purchases shall	30
be the same as for all other such purchases made by the agency,	31
except that only small business enterprises shall be qualified to	32
compete.	33

(D) In the case of purchases set aside under division (B) or	34
(C) of this section, if no bid is submitted by a small business	35
enterprise, the purchase shall be made according to usual	36
procedures. The contracting agency shall from time to time set	37
aside such additional purchases for which only small business	38
enterprises may compete, as are necessary to replace those	39
purchases previously set aside for which no small business	40
enterprises bid and to ensure that, in any fiscal year, the	41
aggregate amount of contracts awarded to small business	42
enterprises will equal approximately ten per cent of the total	43
amount of contracts awarded by the agency.	44

(E) The director may, in accordance with Chapter 119. of the	45
Revised Code, adopt rules necessary for the implementation of this	46
section.	47

(F) Nothing in this section precludes any small business	48
enterprise from competing for any other state purchases that are	49
not specifically set aside for small business enterprises.	50

(G) Any person who intentionally misrepresents self as	51
owning, controlling, operating, or participating in a small	52
business enterprise for the purpose of obtaining contracts,	53
subcontracts, or any other benefits under this section shall be	54
guilty of theft by deception as provided for in section 2913.02 of	55
the Revised Code.	56

Section 2.  Section 125.083 of the Revised Code, as enacted	57
by this act, shall first apply to purchases made in fiscal year	58
2009.	59