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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 76
2025-2026
Senators Hicks-Hudson, DeMora
Cosponsors: Senators Weinstein,
Smith, Craig
A
BILL
To
amend sections 125.25, 153.02, and 5513.06 of the Revised Code
regarding
the debarment of state vendors.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 125.25, 153.02, and 5513.06 of the Revised Code be amended
to read as follows:
Sec.
125.25.
(A)
The director of administrative services may debar a vendor from
consideration for contract awards upon a finding based upon a
reasonable belief that the vendor has done any of the following:
(1)
Abused the selection process by repeatedly withdrawing bids or
proposals before purchase orders or contracts are issued or failing
to accept orders based upon firm bids;
(2)
Failed to substantially perform a contract according to its terms,
conditions, and specifications within specified time limits;
(3)
Failed to cooperate in monitoring contract performance by refusing to
provide information or documents required in a contract, failed to
respond to complaints to the vendor, or accumulated repeated
justified complaints regarding performance of a contract;
(4)
Attempted
to influence a public employee to breach ethical conduct standards or
to influence a contract award;
(5)
Colluded to restrain competition by any means;
(6)
Been convicted of a criminal offense related to the application for
or performance of any public or private contract, including, but not
limited to, embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, and any other
offense that directly reflects on the vendor's business integrity;
(7)
Been convicted under state or federal antitrust laws;
(8)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(9)
Violated
any other responsible business practice or performed in an
unsatisfactory manner as determined by the director;
(10)
(5)
Through
the default of a contract or through other means had a determination
of unresolved finding for recovery by the auditor of state under
section 9.24 of the Revised Code;
(11)
(6)
Acted
in such a manner as to be debarred from participating in a contract
with any governmental agency.
(B)
The
director of administrative services shall debar a vendor from
consideration for contract awards upon a finding based upon a
reasonable belief that the vendor has done any of the following:
(1)
Attempted to influence a public employee to breach ethical conduct
standards or to influence a contract award;
(2)
Colluded to restrain competition by any means;
(3)
Been convicted under, or pleaded guilty to a violation of, state or
federal antitrust laws;
(4)
Been convicted under, or pleaded guilty to a violation of, state or
federal corruption laws, including a criminal offense related to
bribery;
(5)
Been convicted, or pleaded guilty to a violation, of a criminal
offense related to the application for or performance of any public
or private contract, including, but not limited to, embezzlement,
theft, forgery, falsification or destruction of records, receiving
stolen property, and any other offense that directly reflects on the
vendor's business integrity;
(6)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(7)
Admitted to a violation of section 2923.32 of the Revised Code in any
civil proceeding or in a settlement agreement related to the
application for or performance of any public or private contract,
including, but not limited to, embezzlement, theft, forgery,
falsification or destruction of records, receiving stolen property,
and any other offense that directly reflects on the vendor's business
integrity.
(C)
When
the director reasonably believes that grounds for debarment exist,
the director shall send the vendor a notice of proposed debarment
indicating the grounds for the proposed debarment and the procedure
for requesting a hearing on the proposed debarment. The hearing shall
be conducted in accordance with Chapter 119. of the Revised Code. If
the vendor does not respond with a request for a hearing in the
manner specified in Chapter 119. of the Revised Code, the director
shall issue the debarment decision without a hearing and shall notify
the vendor of the decision by certified mail, return receipt
requested.
(C)
(D)
The
director shall determine the length of the debarment period
and
,
which shall be for not less than one year and not more than three
years. The director
may rescind
the
a
debarment
administered
under division (A) of this section
at
any time upon notification to the vendor. During the period of
debarment, the vendor is not eligible to participate in any state
contract. After the debarment period expires, the vendor may be
eligible to be awarded contracts by state agencies if the vendor is
not otherwise debarred.
(D)
(E)
The
director, through the office of procurement services, shall maintain
a list of all vendors currently debarred under this section.
Sec.
153.02.
(A)
The executive director of the Ohio facilities construction
commission
,
may debar a contractor from contract awards for public improvements
as referred to in section 153.01 of the Revised Code
,
or for projects as defined in section 3318.01 of the Revised Code,
upon proof that the contractor has done any of the following:
(1)
Defaulted on a contract requiring the execution of a takeover
agreement as set forth in division (B) of section 153.17 of the
Revised Code;
(2)
Knowingly failed during the course of a contract to maintain the
coverage required by the bureau of workers' compensation;
(3)
Knowingly failed during the course of a contract to maintain the
contractor's drug-free workplace program as required by the contract;
(4)
Knowingly failed during the course of a contract to maintain
insurance required by the contract or otherwise by law, resulting in
a substantial loss to the owner, as owner is referred to in section
153.01 of the Revised Code, or to the commission and school district
board, as provided in division (F) of section 3318.08 of the Revised
Code;
(5)
Misrepresented the firm's qualifications in the selection process set
forth in sections 153.65 to 153.71 or section 3318.10 of the Revised
Code;
(6)
Been
convicted of a criminal offense related to the application for or
performance of any public or private contract, including, but not
limited to, embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, and any other
offense that directly reflects on the contractor's business
integrity;
(7)
Been convicted of a criminal offense under state or federal antitrust
laws;
(8)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(9)
Been
debarred from bidding on or participating in a contract with any
state or federal agency.
(B)
The
executive director of the Ohio facilities construction commission
shall debar a contractor from contract awards for public improvements
as referred to in section 153.01 of the Revised Code, or for projects
as defined in section 3318.01 of the Revised Code, upon proof that
the contractor has done any of the following:
(1)
Attempted to influence a public employee to breach ethical conduct
standards or to influence a contract award;
(2)
Colluded to restrain competition by any means;
(3)
Been convicted of, or pleaded guilty to a charge of, a criminal
offense under state or federal antitrust laws;
(4)
Been convicted under, or pleaded guilty to a violation of, state or
federal corruption laws, including a criminal offense related to
bribery;
(5)
Been convicted, or pleaded guilty to a violation, of a criminal
offense related to the application for or performance of any public
or private contract, including, but not limited to, embezzlement,
theft, forgery, falsification or destruction of records, receiving
stolen property, and any other offense that directly reflects on the
contractor's business integrity;
(6)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(7)
Admitted to a violation of section 2923.32 of the Revised Code in any
civil proceeding or in a settlement agreement related to the
application for or performance of any public or private contract,
including, but not limited to, embezzlement, theft, forgery,
falsification or destruction of records, receiving stolen property,
and any other offense that directly reflects on the vendor's business
integrity.
(C)
When
the executive director debars a contractor that is a partnership,
association, or corporation, the executive director also may debar
any partner of the partnership or any officer or director of the
association or corporation, as applicable.
(C)
(D)
When
the executive director reasonably believes that grounds for debarment
exist, the executive director shall send the contractor a notice of
proposed debarment indicating the grounds for the proposed debarment
and the procedure for requesting a hearing on the proposed debarment.
The hearing shall be conducted in accordance with Chapter 119. of the
Revised Code. If the contractor does not respond with a request for a
hearing in the manner specified in Chapter 119. of the Revised Code,
the executive director shall issue the debarment decision without a
hearing and shall notify the contractor of the decision by certified
mail, return receipt requested.
(D)
(E)
The
executive director shall determine the length of the debarment period
and
,
which shall be for not less than one year and not more than three
years. The executive director
may rescind
the
a
debarment
administered
under division (A) of this section
at
any time upon notification to the contractor. During the period of
debarment, the contractor is not eligible to bid for or participate
in any contract for a public improvement as referred to in section
153.01 of the Revised Code or for a project as defined in section
3318.01 of the Revised Code. After the debarment period expires, the
contractor may be eligible to bid for and participate in such
contracts if the vendor is not otherwise debarred.
(E)
(F)
The
executive director shall maintain a list of all contractors currently
debarred under this section. Any governmental entity awarding a
contract for construction of a public improvement or project may use
a contractor's presence on the debarment list to determine whether a
contractor is responsible or best under section 9.312 or any other
section of the Revised Code in the award of a contract.
(F)
(G)
As
used in this section, "contractor" means a construction
contracting business, a subcontractor of a construction contracting
business, a supplier of materials, or a manufacturer of materials.
Sec.
5513.06.
(A)
The director of transportation may debar a vendor from consideration
for contract awards upon a finding based upon a reasonable belief
that the vendor has done any of the following:
(1)
Abused the solicitation process by repeatedly withdrawing bids before
purchase orders or contracts are issued or failing to accept orders
based upon firm bids;
(2)
Failed to substantially perform a contract according to its terms,
conditions, and specifications within specified time limits;
(3)
Failed to cooperate in monitoring contract performance by refusing to
provide information or documents required in a contract, failed to
respond and correct matters related to complaints to the vendor, or
accumulated repeated justified complaints regarding performance of a
contract;
(4)
Attempted
to influence a public employee to breach ethical conduct standards;
(5)
Colluded with other bidders to restrain competition by any means;
(6)
Been convicted of a criminal offense related to the application for
or performance of any public or private contract, including, but not
limited to, embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, and any other
offense that directly reflects on the vendor's business integrity;
(7)
Been convicted under state or federal antitrust laws;
(8)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(9)
Has
been debarred by a state agency, another state, or by any agency or
department of the federal government;
(10)
(5)
Violated
any other responsible business practice or performed in an
unsatisfactory manner as determined by the director.
(B)
The
director of transportation shall debar a vendor from consideration
for contract awards upon a finding based upon a reasonable belief
that the vendor has done any of the following:
(1)
Attempted to influence a public employee to breach ethical conduct
standards;
(2)
Colluded with other bidders to restrain competition by any means;
(3)
Been convicted under, or pleaded guilty to a violation of, state or
federal antitrust laws;
(4)
Been convicted under, or pleaded guilty to a violation of, state or
federal corruption laws, including a criminal offense related to
bribery;
(5)
Been convicted, or pleaded guilty to a violation, of a criminal
offense related to the application for or performance of any public
or private contract, including, but not limited to, embezzlement,
theft, forgery, falsification or destruction of records, receiving
stolen property, and any other offense that directly reflects on the
vendor's business integrity;
(6)
Deliberately or willfully submitted false or misleading information
in connection with the application for or performance of a public
contract;
(7)
Admitted to a violation of section 2923.32 of the Revised Code in any
civil proceeding or in a settlement agreement related to the
application for or performance of any public or private contract,
including, but not limited to, embezzlement, theft, forgery,
falsification or destruction of records, receiving stolen property,
and any other offense that directly reflects on the vendor's business
integrity.
(C)
When
the director reasonably believes that grounds for debarment exist,
the director shall send the vendor a notice of proposed debarment. If
the vendor is a partnership, association, or corporation, the
director also may debar from consideration for contract awards any
partner of the partnership, or the officers and directors of the
association or corporation, being debarred. When the director
reasonably believes that grounds for debarment exist, the director
shall send the individual involved a notice of proposed debarment. A
notice of proposed debarment shall indicate the grounds for the
debarment of the vendor or individual and the procedure for
requesting a hearing. The notice and hearing shall be in accordance
with Chapter 119. of the Revised Code. If the vendor or individual
does not respond with a request for a hearing in the manner specified
in Chapter 119. of the Revised Code, the director shall issue the
debarment decision without a hearing and shall notify the vendor or
individual of the decision by certified mail, return receipt
requested.
The
debarment
period may be of any length determined by the director and the
(D)
The
director
shall
determine the length of the debarment period, which shall be for not
less than one year and not more than three years. The director
may
modify or rescind
the
a
debarment
administered
under division (A) of this section
at
any time. During the period of debarment, the director shall not
include on a bidder list or consider for a contract award any
partnership, association, or corporation affiliated with a debarred
individual. After the debarment period expires, the vendor or
individual, and any partnership, association, or corporation
affiliated with the individual, may reapply for inclusion on bidder
lists through the regular application process if such entity or
individual is not otherwise debarred.
Section
2.
That
existing sections 125.25, 153.02, and 5513.06 of the Revised Code are
hereby repealed.