Ohio § 5513.06

§ 5513.06.

(A) The director of transportation may debar a vendor from consideration for contract

awards upon a finding based upon a reasonable belief that the vendor has done any

of the following: (1) Abused the solicitation process by repeatedly withdrawing bids before purchase orders

or contracts are issued or failing to accept orders based upon firm bids; (2) Failed to substantially perform a contract according to its terms, conditions, and

specifications within specified time limits; (3) Failed to cooperate in monitoring contract performance by refusing to provide information

or documents required in a contract, failed to respond and correct matters related

to complaints to the vendor, or accumulated repeated justified complaints regarding

performance of a contract; (4) Attempted to influence a public employee to breach ethical conduct standards; (5) Colluded with other bidders to restrain competition by any means; (6) Been convicted of a criminal offense related to the application for or performance

of any public or private contract, including, but not limited to, embezzlement, theft,

forgery, bribery, falsification or destruction of records, receiving stolen property,

and any other offense that directly reflects on the vendor's business integrity; (7) Been convicted under state or federal antitrust laws; (8) Deliberately or willfully submitted false or misleading information in connection

with the application for or performance of a public contract; (9) Has been debarred by a state agency, another state, or by any agency or department

of the federal government; (10) Violated any other responsible business practice or performed in an unsatisfactory

manner as determined by the director. (B) When the director reasonably believes that grounds for debarment exist, the director

shall send the vendor a notice of proposed debarment.  If the vendor is a partnership, association, or corporation, the director also may

debar from consideration for contract awards any partner of the partnership, or the

officers and directors of the association or corporation, being debarred.  When the director reasonably believes that grounds for debarment exist, the director

shall send the individual involved a notice of proposed debarment.  A notice of proposed debarment shall indicate the grounds for the debarment of the

vendor or individual and the procedure for requesting a hearing.  The notice and hearing shall be in accordance with Chapter 119. of the Revised Code.  If the vendor or individual does not respond with a request for a hearing in the

manner specified in Chapter 119. of the Revised Code, the director shall issue the

debarment decision without a hearing and shall notify the vendor or individual of

the decision by certified mail, return receipt requested.  The debarment period may be of any length determined by the director and the director

may modify or rescind the debarment at any time.  During the period of debarment, the director shall not include on a bidder list

or consider for a contract award any partnership, association, or corporation affiliated

with a debarred individual.  After the debarment period expires, the vendor or individual, and any partnership,

association, or corporation affiliated with the individual, may reapply for inclusion

on bidder lists through the regular application process if such entity or individual

is not otherwise debarred.