Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) As used in this section, "state" and "state agency" mean the state of Ohio, including the governor, lieutenant governor, secretary of state, auditor of state, attorney general, and treasurer of state, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio, but not including the general assembly or any legislative agency, or any court or judicial agency.
(B) Except as otherwise required or permitted by state or federal law, a contract entered into by the state for the procurement of goods or services shall not include any of the following:
(1) A provision that requires the state to indemnify or hold harmless another person.
(2) A provision by which the state agrees to binding arbitration or any other binding extra-judicial dispute resolution process.
(3) A provision that names a venue for any action or dispute against the state other than a court of proper jurisdiction in Franklin county, Ohio.
(4) A provision that requires the state to agree to limit the liability for any direct loss to the state for bodily injury, death, or damage to property of the state caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person's employees or agents, or a provision that would otherwise impose an indemnification obligation on the state.
(5) A provision that requires the state to be bound by a term or condition that is unknown to the state at the time of signing a contract, that is not specifically negotiated with the state, that may be unilaterally changed by the other party, or that is electronically accepted by a state employee.
(6) A provision that provides for a person other than the attorney general to serve as legal counsel for the state or for any state agency, unless allowed for under the process set forth in section 109.07 of the Revised Code.
(7) A provision that is inconsistent with the state's obligations under section 149.43 of the Revised Code.
(8) A provision for automatic renewal such that state funds are or would be obligated in subsequent fiscal years.
(9) A provision that limits the state's ability to recover the cost of cover for a replacement contractor.
(C) If a contract contains a term or condition described in division (B) of this section, the term or condition is void ab initio, and the contract containing that term or condition otherwise shall be enforceable as if it did not contain such term or condition.
(D) A contract that contains a term or condition described in division (B) of this section shall be governed by and construed in accordance with Ohio law notwithstanding any term or condition to the contrary in the contract.
(E) This section does not apply to a contract in effect before the effective date of this section or to the renewal or extension of a contract in effect before the effective date of this section .
Last updated July 28, 2021 at 5:21 PM
Structure Ohio Revised Code
Section 9.01 | Official Records - Preserving and Maintaining.
Section 9.02 | Inspection and Review of Financial Institution Records.
Section 9.03 | Newsletters of Political Subdivisions.
Section 9.04 | State Funds for Nontherapeutic Abortion Benefits.
Section 9.041 | Childbirth Preferred Over Abortion.
Section 9.06 | Private Operation and Management of Initial Intensive Program Prison.
Section 9.07 | Correctional Facility to House Out-of-State Prisoners.
Section 9.08 | Improper Internet Access - Private Correctional Facilities.
Section 9.10 | Facsimile Signature Defined.
Section 9.11 | Public Officials Using Facsimile Signature.
Section 9.12 | Validity of Instrument With Facsimile Signature.
Section 9.13 | Highway Project Not Located Within Subdivision Boundaries.
Section 9.14 | Loss of Funds Occasioned by Use of Duly Adopted Facsimile Signature.
Section 9.15 | Burial or Cremation of Body at Expense of Township or Municipal Corporation.
Section 9.16 | Governmental Use of Distributed Ledger Technology.
Section 9.21 | Policies Regarding Political Subdivisions That Hold Credit Card Accounts.
Section 9.22 | Use of Debit Card Accounts.
Section 9.23 | Disbursements by Government Entities Definitions.
Section 9.231 | Disbursements Over $25,000 - Contract Required - Exceptions.
Section 9.232 | Contract for Disbursements.
Section 9.233 | Recipient of Disbursements Entitled Only to Contract Payment Earned.
Section 9.234 | Records and Reports by Recipient - Financial Review - Financial Audit.
Section 9.235 | Records Open to Government Inspection.
Section 9.236 | Recipient to Repay Excess Payment - Civil Action to Recover.
Section 9.237 | Rules Governing Terms of Disbursement Contracts.
Section 9.238 | Form for Financial Reviews and Rules for Audit Reports.
Section 9.239 | Allocation of Federal Energy Efficient Building Deduction.
Section 9.24 | Findings for Recovery.
Section 9.241 | Civil Action for Recovery of Money.
Section 9.242 | Debarred Vendors; Participation in State Contracts.
Section 9.25 | Purchase of Surplus Commodities From Federal Government.
Section 9.26 | Gifts or Grants of Federal Property.
Section 9.27 | State Contracts - Invalid Terms and Conditions.
Section 9.28 | Competitive Solicitation as Public Record.
Section 9.29 | Multi-Year Asset Management Professional Service Contracts.
Section 9.30 | Public Utility Service Without Bidding and Notice.
Section 9.31 | Erroneous Bids.
Section 9.311 | Bonds Accompanying Bid to Be Executed by Approved Surety.
Section 9.312 | Factors to Determine Whether Bid Is Responsive and Bidder Is Responsible.
Section 9.313 | Reduction of Performance Bond After Substantial Performance.
Section 9.314 | Purchasing Services or Supplies by Reverse Auction.
Section 9.316 | Injunctive Relief.
Section 9.317 | Purchase of Supplies or Services by Reverse Auction.
Section 9.32 | Notification of Surety and Agent of Construction Contract Award.
Section 9.33 | Construction Management Services Definitions.
Section 9.331 | Notice of Accepting Bids for Construction Manager or Construction Manager at Risk.
Section 9.332 | Selection of and Contract With Construction Manager.
Section 9.333 | Financial Assurance to Be Provided by Construction Manager.
Section 9.334 | Evaluation of Most Qualified Proposals; Pricing Proposals; Contract Negotiations.
Section 9.335 | Construction of Statutes With Other Code Provisions.
Section 9.34 | Fiscal Year and Period of State and Political Subdivisions.
Section 9.35 | Contracts for Ministerial Duties by Public Officials.
Section 9.36 | Contract for Services of Fiscal and Management Consultants.
Section 9.361 | Payroll Deduction Benefit Program.
Section 9.37 | Direct Deposits.
Section 9.38 | Deposit of Public Moneys.
Section 9.39 | Liability for Public Money Received or Collected - Unclaimed Money.
Section 9.40 | Payroll Deduction for United States Savings Bonds.
Section 9.41 | Payroll Accounts.
Section 9.42 | Municipal Income Tax Deductions.
Section 9.43 | Savings in Share Accounts in Chartered Credit Unions Deductions.
Section 9.44 | Prior Public Service Counted in Computing Vacation Leave.
Section 9.441 | Continuing Rights or Benefits for Prior Service.
Section 9.45 | Nonprofit Debt Pooling Company Deductions.
Section 9.46 | u.s. Olympic Participation Leave.
Section 9.47 | Certificate of Compliance With Affirmative Action Programs.
Section 9.48 | Joint Purchasing Programs.
Section 9.481 | Residency Requirements Prohibited for Certain Employees.
Section 9.482 | Contracting for Services Between Political Subdivisions.
Section 9.483 | Sale and Leaseback Agreements.
Section 9.49 | Transparency in Contracts Between State and Private Attorneys.
Section 9.492 | Contingency Fee Contract With Private Attorney.
Section 9.493 | Contract With Private Attorney Outside Ohio.
Section 9.494 | Publication of Contract.
Section 9.495 | Annual Report.
Section 9.496 | Applicability.
Section 9.498 | Legislative Intent.
Section 9.50 | Display of the Pow/mia Flag During Normal Business Hours at Public Buildings.
Section 9.54 | Accessibility Signs.
Section 9.55 | Installation of Teletypewriters for Deaf or Hearing-Impaired at State Agencies.
Section 9.56 | Plans and Drawings for Public Buildings Filed With County Recorder.
Section 9.57 | Closure of Places of Worship.
Section 9.58 | Court Settlements That Conflict With the Revised Code.
Section 9.61 | Residency Not Required for Fire Chief.
Section 9.62 | Purchase of Police Dog or Horse.
Section 9.63 | Compliance With Lawful Requests Under Patriot Act.
Section 9.65 | Annuity Program for Volunteer Fire Fighters.
Section 9.661 | Liens to Secure Performance on Development Loans and Property Tax Incentives.
Section 9.67 | Restrictions on Owner of Professional Sports Team That Uses a Tax-Supported Facility.
Section 9.68 | Regulation of Arms Prohibited - Challenging Political Subdivisions.
Section 9.69 | Duties and Status of Law Enforcement Officer.
Section 9.70 | Permission for Street on Lands of Public Institution.
Section 9.73 | Public Employer Inquiries Regarding Criminal Background.
Section 9.74 | Victims of Dissemination of Image.
Section 9.75 | Requirement for Employment of Local Laborers Prohibited.
Section 9.76 | Boycott Provisions in Certain Contracts.
Section 9.78 | Determination of Effect of Criminal Conviction by Licensing Authority.
Section 9.79 | Limitations on Initial License Refusal.
Section 9.80 | Contribution to Charity Deductions.
Section 9.81 | Payroll Deduction Plans.
Section 9.82 | Risk Management and Insurance Programs Definitions.
Section 9.821 | Office of Risk Management.
Section 9.822 | Insurance and Bonds.
Section 9.823 | Risk Management Reserve Fund.
Section 9.83 | Liability Insurance for Public Employees.
Section 9.833 | Self-Insurance Program for Health Care Benefits.
Section 9.835 | Energy Price Risk Management Contract.
Section 9.84 | Witness Has Right of Counsel - Participation in Hearing Limited.
Section 9.85 | Immunity of Public Officers and Employees Definitions.
Section 9.86 | Immunity of Public Officers and Employees.
Section 9.87 | Indemnification of Public Officers and Employees.
Section 9.871 | Indemnification of Correctional Employee.
Section 9.88 | Immunity of Federal Law Enforcement Officers.
Section 9.90 | Purchase or Procurement of Insurance for Educational Employees.
Section 9.91 | Placement or Purchase of Tax-Sheltered Annuity for Educational Employees.
Section 9.911 | Annuity Contracts and Custodial Accounts.
Section 9.92 | Citizens' Reward Program.
Section 9.94 | Fractionalized Interests in Any One or More Public Obligations.
Section 9.95 | Maximum or Maximum Average Annual Interest Rate on Public Securities.
Section 9.96 | Issue Public Securities.
Section 9.97 | Exemption of Bond Interest From Income Tax.
Section 9.98 | Bond Financing Definitions.
Section 9.981 | Applicability.