OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 133 Bill Analysis
135th General Assembly
Click here for S.B. 133’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Hicks-Hudson and DeMora
Effective Date:
Samuel Duling, Research Analyst
SUMMARY
 Makes two categories of reasons for debarring a state vendor: permissive and
mandatory.
 Prohibits the modification or rescinding of a vendor’s debarment if the debarment is
considered mandatory.
 Limits the period of debarment to one to three years.
DETAILED ANALYSIS
Debarment of state vendors
Background
Under continuing law, the Director of Administrative Services, Executive Director of the
Ohio Facilities Construction Commission, and Director of Transportation each have authority to
debar a state vendor. When a vendor is debarred, the vendor is prohibited from participating in
any state contract during the debarment period.1
Current law provides a separate process for the Director of Administrative Services, the
Executive Director of the Ohio Facilities Construction Commission, and the Director of
Transportation each to debar a state vendor, generally related to the procurement of goods
and services, public improvement projects, or highway projects, respectively. Each process
follows these steps:
 Debarment must be for one of several reasons listed in the law (see table below);
1 R.C. 9.242, not in the bill.
September 19, 2023
Office of Research and Drafting LSC Legislative Budget Office
 The Director proposes a debarment if the Director reasonably believes that grounds for
debarment exist;
 Notice of the proposed debarment is sent to the vendor;
 The vendor may request a hearing to be held under Ohio’s Administrative Procedure
Act;2
 The Director determines the length of the debarment and may rescind the debarment at
any time;
 Notice of an official debarment is sent to the vendor;
 The vendor is prohibited from participating in a state contract during the debarment
period.
The bill
The bill modifies the process for debarment in three ways. First, a debarment must last
between one to three years under the bill; current law does not place any restriction on the
duration of a debarment. Second, for a debarment that is considered mandatory under the bill,
the respective Director is no longer allowed to rescind or modify the debarment; continuing law
allows a Director to rescind or modify a debarment. Depending on the reason for debarment,
each Director retains this authority under the bill, but only in the case of permissive
debarments, described below.
Finally, the bill separates the reasons for debarment into two categories: mandatory and
permissive. The table below describes the reasons for debarment (first column) and indicates
which reasons are available to each Director (second, third, and fourth columns). The table
details if a reason exists now and continues under the bill (“continuing law”) or if the reason is
newly created under the bill (“new under the bill”). And, the table indicates whether the bill
classifies the reason as “permissive” or “mandatory.” Where the table says “N/A,” that means
the Director does not have authority to utilize that reason to debar a state vendor.3
2 Chapter 119 of the Revised Code.
3R.C. 125.25 (Dept. of Administrative Services), 153.02 (Ohio Facilities Construction Commission), and
5513.06 (Ohio Dept. of Transportation).
P a g e |2 S.B. 133
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Debarment by
Debarment by Executive
Debarment by
Director of Director of the
Reason for debarment Director of
Administrative Facilities
Transportation
Services Construction
Commission
Abused the selection process Continuing law; N/A Continuing law;
permissive permissive
Failed to substantially perform a Continuing law; N/A Continuing law;
contract permissive permissive
Failed to cooperate in monitoring Continuing law; N/A Continuing law;
contract performance, failed to respond permissive permissive
to complaints to the vendor, or
accumulated repeated justified
complaints regarding performance of a
contract
Violated any other responsible business Continuing law; N/A Continuing law;
practice or performed in an permissive permissive
unsatisfactory manner as determined by
the Director
Had a determination of unresolved Continuing law; N/A N/A
finding for recovery by the Auditor of permissive
State
Acted in such a manner as to be Continuing law; Continuing law; Continuing law;
debarred from participating in a contract permissive permissive permissive
with another governmental agency
Attempted to influence a public Continuing law; New under the Continuing law;
employee to breach ethical conduct mandatory bill; mandatory mandatory
standards (or to influence a contract
award)
Colluded to restrain competition by any Continuing law; New under the Continuing law;
means mandatory bill; mandatory mandatory
Guilty of a criminal offense related to Continuing law; Continuing law; Continuing law;
the application for or performance of mandatory mandatory mandatory
any public or private contract
Guilty under state or federal antitrust Continuing law; Continuing law; Continuing law;
laws mandatory mandatory mandatory
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Debarment by
Debarment by Executive
Debarment by
Director of Director of the
Reason for debarment Director of
Administrative Facilities
Transportation
Services Construction
Commission
Deliberately or willfully submitted false Continuing law; Continuing law; Continuing law;
or misleading information in connection mandatory mandatory mandatory
with the application for or performance
of a public contract
Guilty under state or federal corruption New under the New under the New under the bill;
laws bill;4 mandatory bill; mandatory mandatory
Admitted to a violation of Ohio criminal New under the New under the New under the bill;
offense “engaging in corrupt activity” bill;5 mandatory bill; mandatory mandatory
Defaulted on a contract requiring the N/A Continuing law; N/A
execution of a takeover agreement permissive
Failed to maintain coverage as required N/A Continuing law; N/A
by the Bureau of Workers’ permissive
Compensation
Failed to maintain a drug-free workplace N/A Continuing law; N/A
program permissive
Failed to maintain required insurance N/A Continuing law; N/A
permissive
Misrepresented the firm’s qualifications N/A Continuing law; N/A
in the selection process permissive
4Current law may address this under the “guilty of a criminal offense related to the application for or
performance of any public or private contract” reason or the “violated any other responsible business
practice or performed in an unsatisfactory manner as determined by the Director” reason.
5 Current law may address this under the “violated any other responsible business practice or performed
in an unsatisfactory manner as determined by the Director” reason.
P a g e |4 S.B. 133
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 07-18-23
ANSB0133IN-135/ts
P a g e |5 S.B. 133
As Introduced