As Introduced
136th General Assembly
Regular Session S. B. No. 76
2025-2026
Senators Hicks-Hudson, DeMora
Cosponsors: Senators Weinstein, Smith, Craig
A B I L L
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
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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
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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
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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
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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
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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.
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(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
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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;
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(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;
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(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
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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.
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