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S. B. No. 308 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To enact section 125.083 of the Revised Code to
generally require that state agencies set aside a
certain amount of purchases for which only small
business enterprises may compete.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 125.083 of the Revised Code be
enacted to read as follows:
Sec. 125.083. (A) As used in this section, "small business
enterprise" means any person with a principal place of business or
research in the state that meets the requirements of a "business
concern" as set forth in 13 C.F.R. 121.702.
(B)(1) From the purchases that the department of
administrative services is required by law to make through
competitive selection, the director of administrative services
shall select a number of such purchases, the aggregate value of
which equals approximately twenty per cent of the estimated total
value of all such purchases to be made in the current fiscal year.
The director shall set aside the purchases selected for
competition only by small business enterprises. The competitive
selection procedures for such purchases set aside shall be the
same as for all other purchases the department is required to make
through competitive selection, except that only small business
enterprises shall be qualified to compete.
(2) To the extent that any agency of the state, other than
the department of administrative services, the legislative and
judicial branches, boards of elections, and the adjutant general,
is authorized to make purchases, the agency shall set aside a
number of purchases, the aggregate value of which equals
approximately twenty per cent of the aggregate value of such
purchases for the current fiscal year for competition only by
small business enterprises. The procedures for such purchases
shall be the same as for all other such purchases made by the
agency, except that only small business enterprises shall be
qualified to compete.
(3) In the case of purchases set aside under division (B)(1)
or (2) of this section, if no bid is submitted by a small business
enterprise, the purchase shall be made according to usual
procedures. The contracting agency shall from time to time set
aside such additional purchases for which only small business
enterprises may compete, as are necessary to replace those
purchases previously set aside for which no small business
enterprises bid and to ensure that, in any fiscal year, the
aggregate amount of contracts awarded to small business
enterprises will equal approximately twenty per cent of the total
amount of contracts awarded by the agency.
(C) The director may, under Chapter 119. of the Revised Code,
adopt rules necessary for the implementation of this section.
(D) Nothing in this section precludes any small business
enterprise from competing for any other state purchases that are
not specifically set aside for small business enterprises.
(E) Any person who intentionally misrepresents self as
owning, controlling, operating, or participating in a small
business enterprise for the purpose of obtaining contracts,
subcontracts, or any other benefits under this section is guilty
of theft by deception as provided for in section 2913.02 of the
Revised Code.
Section 2. Section 125.083 of the Revised Code, as enacted
by this act, shall first apply to purchases made in fiscal year
2013.
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