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S. B. No. 67 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 125.09 and 125.56 of the Revised Code to further implement the Buy Ohio program by requiring the Director of Administrative Services to adopt certain rules and to declare the General Assembly's intention to encourage certain bidders to fully implement equal employment opportunity and minority business laws and to report this implementation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 125.09 and 125.56 of the Revised Code be amended to read as follows:
Sec. 125.09. (A) Pursuant to section 125.07 of the
Revised Code, the department of administrative services may
prescribe such conditions under which competitive sealed bids
will be received and terms of the proposed purchase as it
considers necessary; provided, that all such conditions and terms
shall be reasonable and shall not unreasonably restrict
competition, and bidders may bid upon all or any item of the
supplies or services listed in such notice. Those bidders
claiming the preference for United States and Ohio products
outlined in this chapter shall designate in their bids either
that the product to be supplied is an Ohio product or that under
the rules established by the director of administrative services
they qualify as having a significant Ohio economic presence. (B) The department may require that each bidder provide
sufficient information about the energy efficiency or energy
usage of the bidder's product or service. (C) The director of administrative services shall, by rule
adopted pursuant to Chapter 119. of the Revised Code, prescribe
criteria and procedures for use by all state agencies in giving
preference to United States and Ohio products as required by
division (B) of section 125.11 of the Revised Code. The rules
shall extend to: (1) Criteria for determining that a product is produced or
mined in the United States rather than in another country or
territory; (2) Criteria for determining that a product is produced or
mined in Ohio; (3) Information to be submitted by bidders as to the
nature of a product and the location where it is produced or
mined; (4) Criteria and procedures to be used by the director to
qualify bidders located in states bordering Ohio who might
otherwise be excluded from being awarded a contract by operation
of this section and section 125.11 of the Revised Code. The
criteria and procedures shall recognize the level and regularity
of interstate commerce between Ohio and the border states and
provide that the non-Ohio businesses may qualify for award of a
contract as long as they are located in a state that imposes no
greater restrictions than are contained in this section and
section 125.11 of the Revised Code upon persons located in Ohio
selling products or services to agencies of that state. The criteria and
procedures shall also provide that a non-Ohio business shall not bid
on a contract for state printing in this state if the business is located in a
state that excludes Ohio businesses from bidding on state printing
contracts in that state. (5) Criteria and procedures to be used to qualify bidders
whose manufactured products, except for mined products, are
produced in other states or in North America, but the bidders
have a significant Ohio economic presence in terms of the number
of employees or capital investment a bidder has in this state.
Bidders with a significant Ohio economic presence shall qualify
for award of a contract on the same basis as if their products
were produced in this state. (6) Criteria and procedures for the director to grant
waivers of the requirements of division (B) of section 125.11 of
the Revised Code on a contract-by-contract basis where compliance
with those requirements would result in the state agency paying
an excessive price for the product or acquiring a
disproportionately inferior product; (7) Such other requirements or procedures reasonably
necessary to implement the system of preferences established
pursuant to division (B) of section 125.11 of the Revised Code. (D) In adopting the rules required under this division (C) of this section, the
director shall, to do all of the following: (1) To the maximum extent possible, conform to the
requirements of the federal "Buy America Act," 47 Stat. 1520,
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations
adopted thereunder; (2) Stipulate that a price for Ohio products or services contained in a bid is not an excessive price unless the Ohio bid price exceeds by more than ten per cent the lowest bid price submitted for non-Ohio products or services; (3) Increase the amount of points awarded to an Ohio bid by fifty per cent when the director uses a point system to grade bids.
Sec. 125.56. (A) Except as provided in division
(B) of this section, all printing under sections 125.43 to 125.76
of the Revised Code, shall be executed pursuant to
section 125.11 of the Revised Code. (B) Division (A) of this section does not apply to
printing contracts requiring special, security paper of a unique nature if
compliance with division (A) will result in an excessive price for
the product or acquiring a disproportionately inferior product. (C) As used in this section, "excessive price" means a price that
exceeds by more than five ten per cent the lowest price submitted on a
non-Ohio bid.
Section 2. That existing sections 125.09 and 125.56 of the Revised Code are hereby repealed. Section 3. It is the intention of the General Assembly to strongly encourage all bidders on personal service and construction contracts to fully implement all equal employment opportunity and minority business laws and to report this implementation to all appropriate contracting authorities.
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