Corrected Version

As Introduced

128th General Assembly
Regular Session
S. B. No. 131

Senators Gillmor, Cafaro 

Cosponsors: Senators Widener, Grendell 

To amend sections 125.04 and 5513.02 and to enact 1
sections 125.091, 125.092, and 125.093 of the 2
Revised Code to require that the Director of 3
Administrative Services establish a program that 4
ensures that supplies composed of biobased 5
products are purchased by the Department of 6
Administrative Services, state agencies, and 7
state-supported institutions of higher education.8


       Section 1.  That sections 125.04 and 5513.02 be amended and 9
sections 125.091, 125.092, and 125.093 of the Revised Code be 10
enacted to read as follows:11

       Sec. 125.04.  (A) Except as provided in division (D) of this 12
section, the department of administrative services shall determine 13
what supplies and services are purchased by or for state 14
agencies. Whenever the department of administrative services 15
makes any change or addition to the lists of supplies and 16
services that it determines to purchase for state agencies, it 17
shall provide a list to the agencies of the changes or additions. 18
Except for the requirements of section 125.092 and division (B) of 19
section 125.11 of the Revised Code, sections 125.04 to 125.08 20
and 125.09 to 125.15 of the Revised Code do not apply to or 21
affect the educational institutions of the state. 22

       (B)(1) As used in this division:23

       (a) "Chartered nonpublic school" has the same meaning as in 24
section 3310.01 of the Revised Code.25

       (b) "Emergency medical service organization" has the same 26
meaning as in section 4765.01 of the Revised Code.27

       (c) "Political subdivision" means any county, township, 28
municipal corporation, school district, conservancy district, 29
township park district, park district created under Chapter 1545. 30
of the Revised Code, regional transit authority, regional airport 31
authority, regional water and sewer district, or port authority. 32
"Political subdivision" also includes any other political 33
subdivision described in the Revised Code that has been approved 34
by the department to participate in the department's contracts 35
under this division.36

       (d) "Private fire company" has the same meaning as in 37
section 9.60 of the Revised Code.38

       (2) Subject to division (C) of this section, the department 39
of administrative services may permit a political subdivision, 40
county board of elections, private fire company, private, 41
nonprofit emergency medical service organization, or chartered 42
nonpublic school to participate in contracts into which the43
department has entered for the purchase of supplies and 44
services. The department may charge the entity a reasonable fee 45
to cover the administrative costs the department incurs as a 46
result of participation by the entity in such a purchase 47

       A political subdivision desiring to participate in such 49
purchase contracts shall file with the department a certified copy 50
of an ordinance or resolution of the legislative authority or 51
governing board of the political subdivision. The resolution or 52
ordinance shall request that the political subdivision be 53
authorized to participate in such contracts and shall agree that 54
the political subdivision will be bound by such terms and 55
conditions as the department prescribes and that it will directly 56
pay the vendor under each purchase contract. A board of elections 57
desiring to participate in such purchase contracts shall file 58
with the purchasing authority a written request for inclusion in 59
the program. A private fire company, private, nonprofit 60
emergency medical service organization, or chartered nonpublic 61
school desiring to participate in such purchase contracts shall62
file with the department a written request for inclusion in the 63
program signed by the chief officer of the company, 64
organization, or chartered nonpublic school. A request for 65
inclusion shall include an agreement to be bound by such terms 66
and conditions as the department prescribes and to make direct 67
payments to the vendor under each purchase contract.68

       The department shall include in its annual report an69
estimate of the cost it incurs by permitting political70
subdivisions, county boards of elections, private fire companies, 71
private, nonprofit emergency medical service organizations, and 72
chartered nonpublic schools to participate in contracts pursuant 73
to this division. The department may require such entities to 74
file a report with the department, as often as it finds 75
necessary, stating how many such contracts the entities 76
participated in within a specified period of time, and any other77
information the department requires.78

       (3) Purchases made by a political subdivision or a county 79
board of elections under this division are exempt from any 80
competitive selection procedures otherwise required by law. No 81
political subdivision shall make any purchase under this division82
when bids have been received for such purchase by the subdivision, 83
unless such purchase can be made upon the same terms, conditions, 84
and specifications at a lower price under this division.85

       (C) A political subdivision as defined in division (B) of 86
this section or a county board of elections may purchase supplies 87
or services from another party, including a political 88
subdivision, instead of through participation in contracts89
described in division (B) of this section if the political 90
subdivision or county board of elections can purchase those91
supplies or services from the other party upon equivalent terms,92
conditions, and specifications but at a lower price than it can93
through those contracts. Purchases that a political subdivision or 94
county board of elections makes under this division are exempt 95
from any competitive selection procedures otherwise required by 96
law. A political subdivision or county board of elections that 97
makes any purchase under this division shall maintain sufficient 98
information regarding the purchase to verify that the political 99
subdivision or county board of elections satisfied the conditions 100
for making a purchase under this division. Nothing in this 101
division restricts any action taken by a county or township as 102
authorized by division (B)(1) of section 9.48 of the Revised Code.103

       (D) This section does not apply to supplies or services104
required by the legislative or judicial branches, the capitol 105
square review and advisory board, the adjutant general for 106
military supplies and services, to supplies or services purchased 107
by a state agency directly as provided in division (A), (B), or 108
(F) of section 125.05 of the Revised Code, or to purchases of 109
supplies or services for the emergency management agency as 110
provided in section 125.023 of the Revised Code.111

       Sec. 125.091.  As used in this section and in sections 112
125.092 and 125.093 of the Revised Code:113

       (A) "Agricultural materials" means agricultural-based 114
materials or residues, including plant, animal, and marine 115
materials or residues, used in the manufacture of commercial or 116
industrial nonfood products.117

       (B) "Biobased product" means a product determined by the 118
United States secretary of agriculture to be a commercial or 119
industrial product, other than food or feed, that is composed, in 120
whole or significant part, of biological products, renewable 121
domestic agricultural materials, or forestry materials, or is an 122
intermediate ingredient or feedstock.123

       (C) "Biological products" means products derived from living 124
materials other than agricultural or forestry materials.125

       (D) "Designated item" means a generic grouping of biobased 126
products identified in subpart B, 7 C.F.R. 2902.10 to 2902.42.127

       (E) "Forest thinnings" means woody materials removed from a 128
dense forest to improve growth, enhance forest health, or remove 129
trees to recover potential mortality.130

       (F) "Forestry materials" means materials derived from the 131
practice of planting and caring for forests and the management of 132
growing timber, where such materials come from short-rotation 133
woody crops that are less than ten years old, sustainably managed 134
forests, wood residues, or forest thinnings.135

       (G) "Intermediate ingredient or feedstock" means a material 136
or compound made, in whole or in significant part, from biological 137
products, renewable agricultural materials, or forestry materials 138
that are subsequently used to make a more complex compound or 139

       (H) "Sustainably managed forests" means the practice of land 141
stewardship that integrates the reforestation, management, 142
growing, nurturing, and harvesting of trees for useful products 143
while conserving soil and improving air and water quality, 144
wildlife, fish habitat, and aesthetics.145

       Sec. 125.092.  (A) When purchasing equipment, material, or 146
supplies, the department of administrative services, state 147
agencies, and state-supported institutions of higher education 148
shall purchase biobased products in accordance with the biobased 149
product preference program established by the director of 150
administrative services under this section.151

       (B) Not later than one hundred eighty days after the 152
effective date of this section, the director of administrative 153
services shall establish a biobased product preference program, 154
which shall ensure that the department of administrative services, 155
state agencies, and state-supported institutions of higher 156
education purchase biobased products by giving a preference to 157
those designated items that are composed of the highest 158
percentage of biobased content practicable or that comply with 159
regulations issued under 42 U.S.C. 6914b-1 by the administrator 160
of the United States environmental protection agency. The 161
purchase of biobased products under the program shall be 162
consistent with sections 125.01 to 125.11 of the Revised Code.163

       As part of the program, the director of administrative 164
services shall adopt one of the following purchasing policies, or 165
a substantially equivalent alternative:166

       (1) A policy that a contract is to be awarded to the vendor 167
offering a biobased product composed of the highest percentage of 168
biobased content practicable, except when the director determines 169
that division (C)(1), (2), or (3) of this section applies; or170

       (2) A policy of setting minimum biobased content 171
specifications for awarding contracts in a manner that ensures 172
that the biobased content of biobased products is consistent with 173
the guidelines issued under 7 U.S.C. 8102, except when the 174
director determines that division (C)(1), (2), or (3) of this 175
section applies.176

       (C) The director of administrative services may determine 177
that it is not possible for a biobased product to be purchased in 178
accordance with the biobased product preference program if the 179
director determines that any of the following applies to the 180

       (1) The product is not available within a reasonable period 182
of time;183

       (2) The product fails to meet the performance standards set 184
forth in the applicable specifications for the product; or185

       (3) The product is available only at an unreasonable price.186

       (D) For any biobased product offered under the biobased 187
product preference program, a vendor shall certify that the 188
product meets the biobased content requirements for the designated 189
item of which the product is an exemplar. Upon request, a vendor 190
shall provide to the director of administrative services 191
information to verify the biobased content of a biobased product 192
qualifying for purchase in accordance with the program.193

       (E) The director of administrative services shall adopt rules 194
under Chapter 119. of the Revised Code that prescribe all of the 195

       (1) The products that qualify as designated items under the 197
biobased product preference program;198

       (2) The procedures the department of administrative services, 199
state agencies, and state-supported institutions of higher 200
education shall use to give preference to and purchase biobased 201
products in accordance with the program;202

       (3) The purchasing policy the director adopts under division 203
(B)(1) or (2) of this section;204

       (4) Information to be submitted by vendors to verify the 205
biobased content of a biobased product; and206

       (5) Other requirements or procedures that are necessary to 207
implement the biobased product preference program.208

       (F) This section does not apply to the purchase of motor 209
vehicle fuel, heating oil, or electricity.210

       Sec. 125.093.  Not later than September 30, 2010, and the 211
thirtieth day of September each year thereafter, the director of 212
administrative services shall prepare and submit to the governor, 213
the president of the senate, and the speaker of the house of 214
representatives a report that describes the number and types of215
biobased products purchased under section 125.092 of the Revised 216
Code and the amount of money spent by the department of 217
administrative services, state agencies, and state-supported 218
institutions of higher education for those biobased products.219

       Sec. 5513.02.  (A) Specifications describing the character of 220
the articles that the department of transportation is proposing to 221
purchase, and the conditions governing shipment and delivery, 222
shall be kept on file at the department and open to public 223
inspection throughout the time during which an invitation to224
bidders is required to be posted. The director of transportation225
may require bids to be accompanied by a certified check payable to 226
the director in an amount fixed by the director and stated in the 227
invitation to bidders. Persons, firms, or corporations desiring to 228
bid on more than one invitation shall be relieved from furnishing 229
certified checks with their bids provided they first furnish a 230
bond payable to the state, in an amount and with surety approved 231
by the director, conditioned for the faithful performances of all232
contracts that may be awarded to them, and otherwise conditioned233
as the director requires. All bids shall be publicly opened and234
read at the time and place mentioned in the notice. All purchases 235
shall be made by the director from the lowest responsive and236
responsible bidder for each item in accordance with section 9.312 237
of the Revised Code, except where the director has established in 238
the bidding documents a provision for multiple awards for the 239
purchase of items such as asphalt, aggregates, machinery parts, 240
and others as the director determines necessary, and except that 241
in the purchase of machinery, equipment, or supplies for which 242
fixed and definite specifications cannot be prepared, the director 243
may purchase the articles meeting the general specifications 244
prescribed and which the director finds are most suitable for the 245
uses intended. Sections 5513.01 to 5513.04 of the Revised Code 246
shall apply to the exchange of machinery and equipment and in 247
force account operations where the director desires to combine in 248
one order the furnishing, hauling, and placing of material. The 249
director may purchase or authorize the purchase without notice, or 250
upon such notice as the director prescribes, of materials that in 251
the director's judgment may be required for the immediate repair 252
of roads or bridges destroyed or damaged by flood, landslide, or 253
other casualty. No person shall place separate orders for the 254
purpose of defeating such sections, and contracts of purchase 255
shall not be valid unless made in conformity with this section.256

       (B) DivisionSection 125.092 and division (B) of section 257
125.11 of the Revised Code appliesapply to the purchase of 258
products by the director pursuant to sections 5513.01 to 5513.04 259
of the Revised Code.260

       Section 2.  That existing sections 125.04 and 5513.02 of the 261
Revised Code are hereby repealed.262

       Section 3.  Section 125.04 of the Revised Code is presented 263
in this act as a composite of the section as amended by both Am. 264
Sub. H.B. 562 and Am. Sub. S.B. 268 of the 127th General Assembly. 265
The General Assembly, applying the principle stated in division 266
(B) of section 1.52 of the Revised Code that amendments are to be 267
harmonized if reasonably capable of simultaneous operation, finds 268
that the composite is the resulting version of the section in 269
effect prior to the effective date of the section as presented in 270
this act.271