As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 308

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)(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 year.	16
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 make	20
through competitive selection, except that only small business	21
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 only by	29
small business enterprises. The procedures for such purchases	30
shall be the same as for all other such purchases made by the	31
agency, except that only small business enterprises shall be	32
qualified to 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 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 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 Code,	45
adopt rules necessary for the implementation of this section.	46

(D) Nothing in this section precludes any small business	47
enterprise from competing for any other state purchases that are	48
not specifically set aside for small business enterprises.	49

(E) Any person who intentionally misrepresents self as	50
owning, controlling, operating, or participating in a small	51
business enterprise for the purpose of obtaining contracts,	52
subcontracts, or any other benefits under this section is guilty	53
of theft by deception as provided for in section 2913.02 of the	54
Revised Code.	55

Section 2.  Section 125.083 of the Revised Code, as enacted	56
by this act, shall first apply to purchases made in fiscal year	57
2013.	58