As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 75

Senator Kearney 

Cosponsors: Senators Wilson, Fedor, Turner 

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

(2) 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 twenty 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

(3) In the case of purchases set aside under division (B)(1)	34
or (2) of this section, if no bid is submitted by a small	35
business enterprise, the purchase shall be made according to	36
usual procedures. The contracting agency shall from time to time	37
set 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 twenty per cent of the total	43
amount of contracts awarded by the agency.	44

(C) The director may, under Chapter 119. of the Revised	45
Code, adopt rules necessary for the implementation of this	46
section.	47

(D) 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

(E) 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 is guilty	54
of theft by deception as provided for in section 2913.02 of the	55
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
2010.	59