Ohio Revised Code

Ohio Rev. Code § 125.071 (2026)

Purchasing by competitive sealed proposal

✓ current as of May 2026

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Effective:

September 30, 2025

Latest Legislation:

House Bill 96 - 136th General Assembly

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(A) In accordance with rules the director of administrative services shall adopt, the director may make purchases by competitive sealed proposal whenever the director determines that the use of competitive sealed bidding is not possible or not advantageous to the state.

(B) Proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other evaluation factors. Notice of the request for proposals shall be given in accordance with rules the director shall adopt.

(C) Proposals shall be opened so as to avoid disclosure of contents to competing offerors.

(D) As provided in the request for proposals, and under rules the director shall adopt, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of ensuring full understanding of, and responsiveness to, solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion regarding any clarification, correction, or revision of proposals. No disclosure of any information derived from proposals submitted by competing offerors shall occur when discussions are conducted.

(E) Award may be made to the offerors whose proposals are determined to be the most advantageous to this state, taking into consideration factors such as price and the evaluation criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made.

Last updated July 29, 2025 at 4:41 PM

Notes of Decisions

Cited in 4 cases, 1986–2020 · leading case: Intralot, Inc. v. Blair, 2018 Ohio 3873 (Ohio Ct. App. 2018).

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Intralot, Inc. v. Blair, 2018 Ohio 3873 (Ohio Ct. App. 2018). · cites it 5× “FACTS AND PROCEDURAL HISTORY {¶ 2} On August 3, 2016, the State of Ohio, through the DAS Office of Procurement Services, issued a Request for Proposal ("RFP"), pursuant to R.C. 125.071 and Ohio Adm.Code 123:5-1-08, for "COOPERATIVE SERVICES FOR THE OHIO LOTTERY COMMISSION:…”

Value Behavioral Health, Inc. v. Ohio Dep't of Mental Health, 966 F. Supp. 557 (S.D. Ohio 1997). · cites it 7× “43 requires “open and free competition,” O.R.C. § 125.071 uses the term “fair and equal treatment” of bidders.”

Local 4501, Commc'ns Workers of Am. v. Ohio State Univ., 494 N.E.2d 1082 (Ohio 1986). “Indeed, the legislature has specifically authorized contracting out by requiring competitive bidding in contracts of significant dollar amounts, R.C. 125.071, and providing for minority set-aside programs to assure that minority contractors will participate in this contracting…”

Delasoft, Inc. v. Ohio Dept. of Adm. Servs., 2020 Ohio 3558 (Ohio Ct. App. 2020). “{¶ 8} The RFP recited that it was issued "under Sections 125.071 and 125.18 of the Ohio Revised Code," relating to what the Code captions "purchases by competitive sealed proposal" and to matters involving information technology, as well as pursuant to Administrative Code…”

— Ohio Rev. Code § 125.071(B) — 1 case

Intralot, Inc. v. Blair, 2018 Ohio 3873 (Ohio Ct. App. 2018). “FACTS AND PROCEDURAL HISTORY {¶ 2} On August 3, 2016, the State of Ohio, through the DAS Office of Procurement Services, issued a Request for Proposal ("RFP"), pursuant to R.C. 125.071 and Ohio Adm.Code 123:5-1-08, for "COOPERATIVE SERVICES FOR THE OHIO LOTTERY COMMISSION:…”

— Ohio Rev. Code § 125.071(D) — 1 case

Value Behavioral Health, Inc. v. Ohio Dep't of Mental Health, 966 F. Supp. 557 (S.D. Ohio 1997). “43 requires “open and free competition,” O.R.C. § 125.071 uses the term “fair and equal treatment” of bidders.”

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