purchasing

Ohio Resident Bidder Preference

Revised March 2, 2015

Ohio Revised Code, §125.09. Preference is given for products produced or mined in Ohio and bidders with a significant Ohio economic presence qualify for award on same basis as if their products were produced in Ohio. Non-Ohio businesses are restricted from bidding on printing contracts if home state excludes Ohio businesses from bidding on state printing contracts. The preference should not result in an excessive price for a product or acquiring a disproportionately inferior product.

Ohio Revised Code, §125.56. All printing is to be executed in accordance with Ohio Revised Code, §125.11 except for printing contracts requiring special, security paper of a unique nature unless it will result in an excessive price (exceeds the lowest price submitted by a non-Ohio bidder by more than 5.0%) or acquiring a disproportionately inferior product. Ohio Revised Code, §125.11 provides for awarding a contract to the lowest responsive and responsible bid from among the bids that offer products that have been produced or mined in Ohio where sufficient competition can be generated in Ohio to ensure compliance does not result in an excessive price for a product or acquiring a disproportionately inferior product.

Ohio Administrative Code, §123:5-1-11. Preference is to be given to Ohio bids for products produced or mined in Ohio or a border state. Where preliminary analysis identifies the apparent low bid as one other than an Ohio bid or a border state bid, 5.0% is applied to the price if the apparent low bid is one other than an Ohio bid or border state bid offering a domestic source end product.

Ohio Administrative Code, §123:5-1-06. Any bid response that is not for a domestic source end product may be removed except where it is determined that compliance would result in an excessive price or acquiring an inferior product. After such determination, bids are evaluated such that preference is given to Ohio bids for products produced and mined in Ohio or a border state. Where preliminary analysis identifies the apparent low bid as one other than an Ohio bid or border state bid offering a domestic source end product, 5.0% is applied to the price. If selection of the lowest Ohio bid will not result in an excessive price or a disproportionately inferior product or service, contract award should be to the lowest responsible and responsive Ohio bid at the bid price quoted.

Ohio Department of Administrative Services, General Services Division, Domestic & In-State Preferences, PUR-003 (revised December 1, 2007). Ohio bidders are identified as offering Ohio products or having a significant economic presence (the latter requiring payment of Ohio taxes, registration and license to do business in Ohio, and ten or more employees based in Ohio or 75% or more of employees based in Ohio). Border state bidders are identified as those located in Kentucky, Michigan, Pennsylvania, Indiana, and New York. For mined products if sufficient competition exists, the following preference instructions are listed in the following order: award to lowest responsive and responsible bidder offering Ohio mined product; award to lowest responsive and responsible border state bidder offering same border state mined product (except Indiana); when lowest responsive and responsible Ohio bidder offering non-Ohio mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range; when lowest responsive and responsible border state bidder offering non-border state mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range; and, when lowest responsive and responsible non-Ohio/border state bidder offering non-Ohio/border state mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range. For mined products if sufficient competition exists, the following preference instructions are listed in the following order: award to any lowest responsive and responsible bidder offering Ohio product; award to lowest responsive and responsible bidder with significant Ohio economic presence offering domestic/Canada/Mexico product; award to lowest responsive and responsible border state bidder offering domestic/Canada/Mexico product; when lowest responsive and responsible non-Ohio/non-border state bidder offering domestic/Canada/Mexico product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder if within 5.0% range; when lowest responsive and responsible bidder offering foreign product, after application of 6.0% preference, award to foreign product if greater than 6.0% less costly than lowest responsive and responsible bidder offering Ohio/domestic/Canada/Mexico product.

OHIO RECIPROCAL PREFERENCE

Ohio Revised Code, §125.09. Vendors from non-Ohio border states that impose no greater restrictions on Ohio bidders in their state than Ohio imposes on non-resident bidders may qualify for an award of a contract.

Ohio Revised Code, §153.012. Regarding any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of a public improvement, including any highway improvement, made by the state or in whole or in part supported by the state, except for a contract for products produced or mined in Ohio or for a contract financed in whole or in part by contributions or loans from any agency of the United States government, preference is given to contractors with their principal place of business in Ohio over contractors with their principal place of business in a state which provides a preference in favor of contractors of that state for the same type of work. Where a preference is provided by another state for contractors of that state, contractors having their principal place of business in Ohio are to be granted in Ohio the same preference over them in the same manner and on the same basis and to the same extent as the preference is granted in letting contracts for the same type of work by the other state. If one party to a joint venture is a contractor having its principal place of business in Ohio, the joint venture shall be considered as having its principal place of business in Ohio.