Ohio Revised Code

Ohio Rev. Code § 125.11 (2026)

Contract award

✓ current as of May 2026
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(A) Subject to division (B) of this section, contracts awarded pursuant to a reverse auction under section 125.072 of the Revised Code or pursuant to competitive sealed bidding, including contracts awarded under section 125.081 of the Revised Code, shall be awarded to the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code, and contracts awarded pursuant to a competitive sealed proposal shall be awarded to the offeror determined to be the most advantageous to this state.

(B) Prior to awarding a contract under division (A) of this section, the department of administrative services or the state agency responsible for evaluating a contract for the purchase of products or services shall evaluate the bids and offers received according to the criteria and procedures established pursuant to division (B) of section 125.09 of the Revised Code for determining if a product is mined, excavated, produced, manufactured, raised, or grown in the United States, in this state, or in a state bordering Ohio, whether the bid or offer was received from a Buy Ohio supplier, and whether the bid or offer was received from a certified veteran-friendly business enterprise. These requirements shall be applied where sufficient competition can be generated to ensure that compliance with these requirements will be in the best interest of the state unless otherwise prohibited.

(C) In order to ensure fair and impartial evaluation, materials relating to a solicitation through competitive selection shall not be considered public records under section 149.43 of the Revised Code until after the award of the contract based on the competitive selection. If all bids or proposals received in response to a solicitation through competitive selection are rejected, and notice is provided of an intent to reissue the solicitation through competitive selection, the materials relating to the original solicitation and the materials relating to the reissued solicitation shall not be considered public records under section 149.43 of the Revised Code until after the award of the contract based on the reissued solicitation through competitive selection.

(D) Division (B) of this section applies to contracts for which competitive selection is waived by the controlling board.

(E) Division (B) of this section does not apply to the purchase by the division of liquor control of spirituous liquor.

Last updated July 29, 2025 at 4:43 PM

Notes of Decisions
Cited in 6 cases, 1986–2012 · leading case: Leaseway Distrib. Centers, Inc. v. Dep't of Admin. Servs., 550 N.E.2d 955 (Ohio Ct. App. 1988).
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Leaseway Distrib. Centers, Inc. v. Dep't of Admin. Servs., 550 N.E.2d 955 (Ohio Ct. App. 1988). · cites it 4× “Therefore, DAS abused its discretion in rejecting Leaseway’s bid because its discretion was limited by the provisions of R.C. 125.11 and 9.312. It was arbitrary and unreasonable to find that Leaseway had failed to comply with these provisions.”
Erie Cnty. v. Morton Salt, Inc., 702 F.3d 860 (6th Cir. 2012). · cites it 2× “See generally Ohio Rev. Code § 125.11. Morton and Cargill are the only two companies that operate salt mines located in Ohio.”
A & B-Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council, 1995 Ohio 66 (Ohio 1995). · cites it 2× “Among other things, the instructions and conditions for submitting the bids provided that "[c]ontracts shall be awarded to the lowest responsive and responsible bidder in accordance with the Ohio Revised Code, Section 125.11." {¶ 2} In December 1989, the city of Columbus,…”
GLA Water Mgmt. Co. v. Univ. of Toledo, 963 N.E.2d 207 (Ohio Ct. App. 2011). · cites it 5× “04(A) provided that “[e]xcept for the requirements of division (B) of section 125.11 of the Revised Code, sections 125.”
North Am. Salt Co. v. Ohio Dep't of Transp., 701 N.E.2d 454 (Ohio Ct. App. 1997). · cites it 15× “11(B) provides as follows: “(B) Prior to awarding a contract * * * the state agency responsible for evaluating a contract for the purchase of goods shall evaluate the bids received according to the criteria and procedures established pursuant to divisions (C)(1) and (2) of…”
State, Ex Rel. Polaroid Corp. v. Denihan, 517 N.E.2d 1021 (Ohio Ct. App. 1986). “R.C. 125.11(A) expressly provides that: “ * * * The department of administrative services may accept or reject any or all bids in whole or by items * * In addition, paragraph four of the “Instructions and Conditions for Submitting Bids” portion of the bidding documents states…”
Ohio Rev. Code § 125.11(A): 2 cases
Leaseway Distrib. Centers, Inc. v. Dep't of Admin. Servs., 550 N.E.2d 955 (Ohio Ct. App. 1988). “Therefore, DAS abused its discretion in rejecting Leaseway’s bid because its discretion was limited by the provisions of R.C. 125.11 and 9.312. It was arbitrary and unreasonable to find that Leaseway had failed to comply with these provisions.”
State, Ex Rel. Polaroid Corp. v. Denihan, 517 N.E.2d 1021 (Ohio Ct. App. 1986). “R.C. 125.11(A) expressly provides that: “ * * * The department of administrative services may accept or reject any or all bids in whole or by items * * In addition, paragraph four of the “Instructions and Conditions for Submitting Bids” portion of the bidding documents states…”
Ohio Rev. Code § 125.11(B): 3 cases
Erie Cnty. v. Morton Salt, Inc., 702 F.3d 860 (6th Cir. 2012). “See generally Ohio Rev. Code § 125.11. Morton and Cargill are the only two companies that operate salt mines located in Ohio.”
GLA Water Mgmt. Co. v. Univ. of Toledo, 963 N.E.2d 207 (Ohio Ct. App. 2011). “04(A) provided that “[e]xcept for the requirements of division (B) of section 125.11 of the Revised Code, sections 125.”
North Am. Salt Co. v. Ohio Dep't of Transp., 701 N.E.2d 454 (Ohio Ct. App. 1997). “11(B) provides as follows: “(B) Prior to awarding a contract * * * the state agency responsible for evaluating a contract for the purchase of goods shall evaluate the bids received according to the criteria and procedures established pursuant to divisions (C)(1) and (2) of…”
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