S. B. No. 67 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 67

Senator Miller, R.

Cosponsor: Senator Smith

A BILL

To amend sections 125.09 and 125.56 of the Revised 1
Code to further implement the Buy Ohio program by 2
requiring the Director of Administrative Services 3
to adopt certain rules and to declare the General 4
Assembly's intention to encourage certain bidders 5
to fully implement equal employment opportunity 6
and minority business laws and to report this 7
implementation. 8

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

       Section 1. That sections 125.09 and 125.56 of the Revised 9
Code be amended to read as follows: 10

       Sec. 125.09. (A) Pursuant to section 125.07 of the Revised 11
Code, the department of administrative services may prescribe such 12
conditions under which competitive sealed bids will be received 13
and terms of the proposed purchase as it considers necessary; 14
provided, that all such conditions and terms shall be reasonable 15
and shall not unreasonably restrict competition, and bidders may 16
bid upon all or any item of the supplies or services listed in 17
such notice. Those bidders claiming the preference for United 18
States and Ohio products outlined in this chapter shall designate 19
in their bids either that the product to be supplied is an Ohio 20
product or that under the rules established by the director of 21
administrative services they qualify as having a significant Ohio 22
economic presence. 23

       (B) The department may require that each bidder provide 24
sufficient information about the energy efficiency or energy usage 25
of the bidder's product or service. 26

       (C) The director of administrative services shall, by rule 27
adopted pursuant to Chapter 119. of the Revised Code, prescribe 28
criteria and procedures for use by all state agencies in giving 29
preference to United States and Ohio products as required by 30
division (B) of section 125.11 of the Revised Code. The rules 31
shall extend to: 32

       (1) Criteria for determining that a product is produced or 33
mined in the United States rather than in another country or 34
territory; 35

       (2) Criteria for determining that a product is produced or 36
mined in Ohio; 37

       (3) Information to be submitted by bidders as to the nature 38
of a product and the location where it is produced or mined; 39

       (4) Criteria and procedures to be used by the director to 40
qualify bidders located in states bordering Ohio who might 41
otherwise be excluded from being awarded a contract by operation 42
of this section and section 125.11 of the Revised Code. The 43
criteria and procedures shall recognize the level and regularity 44
of interstate commerce between Ohio and the border states and 45
provide that the non-Ohio businesses may qualify for award of a 46
contract as long as they are located in a state that imposes no 47
greater restrictions than are contained in this section and 48
section 125.11 of the Revised Code upon persons located in Ohio 49
selling products or services to agencies of that state. The 50
criteria and procedures shall also provide that a non-Ohio 51
business shall not bid on a contract for state printing in this 52
state if the business is located in a state that excludes Ohio 53
businesses from bidding on state printing contracts in that state. 54

       (5) Criteria and procedures to be used to qualify bidders 55
whose manufactured products, except for mined products, are 56
produced in other states or in North America, but the bidders have 57
a significant Ohio economic presence in terms of the number of 58
employees or capital investment a bidder has in this state. 59
Bidders with a significant Ohio economic presence shall qualify 60
for award of a contract on the same basis as if their products 61
were produced in this state. 62

       (6) Criteria and procedures for the director to grant waivers 63
of the requirements of division (B) of section 125.11 of the 64
Revised Code on a contract-by-contract basis where compliance with 65
those requirements would result in the state agency paying an 66
excessive price for the product or acquiring a disproportionately 67
inferior product; 68

       (7) Such other requirements or procedures reasonably 69
necessary to implement the system of preferences established 70
pursuant to division (B) of section 125.11 of the Revised Code. 71

       (D) In adopting the rules required under ~~this~~ division (C) of 72
this section, the director shall~~, to~~do all of the following: 73

       (1) To the maximum extent possible, conform to the 74
requirements of the federal "Buy America Act," 47 Stat. 1520, 75
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations 76
adopted thereunder; 77

       (2) Stipulate that a price for Ohio products or services 78
contained in a bid is not an excessive price unless the Ohio bid 79
price exceeds by more than ten per cent the lowest bid price 80
submitted for non-Ohio products or services; 81

       (3) Increase the amount of points awarded to an Ohio bid by 82
fifty per cent when the director uses a point system to grade 83
bids. 84

       Sec. 125.56. (A) Except as provided in division (B) of this 85
section, all printing under sections 125.43 to 125.76 of the 86
Revised Code, shall be executed pursuant to section 125.11 of the 87
Revised Code. 88

       (B) Division (A) of this section does not apply to printing 89
contracts requiring special, security paper of a unique nature if 90
compliance with division (A) will result in an excessive price for 91
the product or acquiring a disproportionately inferior product. 92

       (C) As used in this section, "excessive price" means a price 93
that exceeds by more than ~~five~~ten per cent the lowest price 94
submitted on a non-Ohio bid. 95

       Section 2. That existing sections 125.09 and 125.56 of the 96
Revised Code are hereby repealed. 97

       Section 3. It is the intention of the General Assembly to 98
strongly encourage all bidders on personal service and 99
construction contracts to fully implement all equal employment 100
opportunity and minority business laws and to report this 101
implementation to all appropriate contracting authorities. 102

Section 1. That sections 125.09 and 125.56 of the Revised	9
Code be amended to read as follows:	10

Sec. 125.09. (A) Pursuant to section 125.07 of the Revised	11
Code, the department of administrative services may prescribe such	12
conditions under which competitive sealed bids will be received	13
and terms of the proposed purchase as it considers necessary;	14
provided, that all such conditions and terms shall be reasonable	15
and shall not unreasonably restrict competition, and bidders may	16
bid upon all or any item of the supplies or services listed in	17
such notice. Those bidders claiming the preference for United	18
States and Ohio products outlined in this chapter shall designate	19
in their bids either that the product to be supplied is an Ohio	20
product or that under the rules established by the director of	21
administrative services they qualify as having a significant Ohio	22
economic presence.	23

(B) The department may require that each bidder provide	24
sufficient information about the energy efficiency or energy usage	25
of the bidder's product or service.	26

(C) The director of administrative services shall, by rule	27
adopted pursuant to Chapter 119. of the Revised Code, prescribe	28
criteria and procedures for use by all state agencies in giving	29
preference to United States and Ohio products as required by	30
division (B) of section 125.11 of the Revised Code. The rules	31
shall extend to:	32

(1) Criteria for determining that a product is produced or	33
mined in the United States rather than in another country or	34
territory;	35

(2) Criteria for determining that a product is produced or	36
mined in Ohio;	37

(3) Information to be submitted by bidders as to the nature	38
of a product and the location where it is produced or mined;	39

(4) Criteria and procedures to be used by the director to	40
qualify bidders located in states bordering Ohio who might	41
otherwise be excluded from being awarded a contract by operation	42
of this section and section 125.11 of the Revised Code. The	43
criteria and procedures shall recognize the level and regularity	44
of interstate commerce between Ohio and the border states and	45
provide that the non-Ohio businesses may qualify for award of a	46
contract as long as they are located in a state that imposes no	47
greater restrictions than are contained in this section and	48
section 125.11 of the Revised Code upon persons located in Ohio	49
selling products or services to agencies of that state. The	50
criteria and procedures shall also provide that a non-Ohio	51
business shall not bid on a contract for state printing in this	52
state if the business is located in a state that excludes Ohio	53
businesses from bidding on state printing contracts in that state.	54

(5) Criteria and procedures to be used to qualify bidders	55
whose manufactured products, except for mined products, are	56
produced in other states or in North America, but the bidders have	57
a significant Ohio economic presence in terms of the number of	58
employees or capital investment a bidder has in this state.	59
Bidders with a significant Ohio economic presence shall qualify	60
for award of a contract on the same basis as if their products	61
were produced in this state.	62

(6) Criteria and procedures for the director to grant waivers	63
of the requirements of division (B) of section 125.11 of the	64
Revised Code on a contract-by-contract basis where compliance with	65
those requirements would result in the state agency paying an	66
excessive price for the product or acquiring a disproportionately	67
inferior product;	68

(7) Such other requirements or procedures reasonably	69
necessary to implement the system of preferences established	70
pursuant to division (B) of section 125.11 of the Revised Code.	71

(D) In adopting the rules required under ~~this~~ division (C) of	72
this section, the director shall~~, to~~do all of the following:	73

(1) To the maximum extent possible, conform to the	74
requirements of the federal "Buy America Act," 47 Stat. 1520,	75
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations	76
adopted thereunder;	77

(2) Stipulate that a price for Ohio products or services	78
contained in a bid is not an excessive price unless the Ohio bid	79
price exceeds by more than ten per cent the lowest bid price	80
submitted for non-Ohio products or services;	81

(3) Increase the amount of points awarded to an Ohio bid by	82
fifty per cent when the director uses a point system to grade	83
bids.	84

Sec. 125.56. (A) Except as provided in division (B) of this	85
section, all printing under sections 125.43 to 125.76 of the	86
Revised Code, shall be executed pursuant to section 125.11 of the	87
Revised Code.	88

(B) Division (A) of this section does not apply to printing	89
contracts requiring special, security paper of a unique nature if	90
compliance with division (A) will result in an excessive price for	91
the product or acquiring a disproportionately inferior product.	92

(C) As used in this section, "excessive price" means a price	93
that exceeds by more than ~~five~~ten per cent the lowest price	94
submitted on a non-Ohio bid.	95

Section 2. That existing sections 125.09 and 125.56 of the	96
Revised Code are hereby repealed.	97

Section 3. It is the intention of the General Assembly to	98
strongly encourage all bidders on personal service and	99
construction contracts to fully implement all equal employment	100
opportunity and minority business laws and to report this	101
implementation to all appropriate contracting authorities.	102