Bill Text: OH SB75 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To generally require that state agencies set aside a certain amount of purchases for which only small business enterprises may compete.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2009-03-10 - To State & Local Government & Veterans Affairs [SB75 Detail]
Download: Ohio-2009-SB75-Introduced.html
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Senator Kearney
Cosponsors:
Senators Wilson, Fedor, Turner
To enact section 125.083 of the Revised Code to | 1 |
generally require that state agencies set aside a | 2 |
certain amount of purchases for which only small | 3 |
business enterprises may compete. | 4 |
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 |