Chapter 123:5-1 | General Provisions

Rule 123:5-1-01 | Definitions.

• Effective: February 23, 2026
• Promulgated Under: 119.03

As used in this division of the Administrative Code:

(A) "Agency" means a department created under section 121.02 of the Revised Code.

(B) "Auction event" means a competitive process conducted in which prequalified responsive and responsible bidders compete to submit the lowest price.

(C) "Bid response" means all documents, whether attached or incorporated by reference, supplied by the bidder in response to an invitation to bid. In a reverse auction, this also includes a qualifications summary and the lowest price submitted by the bidder during the auction event.

(D) "Bidder" means the person or firm that submits a bid response to an invitation to bid.

(E) "Border state" means any state that is contiguous to Ohio and that does not impose a restriction greater than Ohio imposes pursuant to sections 125.09 and 125.11 of the Revised Code on persons located in Ohio selling goods or services to agencies of that state.

(F) "Buy Ohio supplier" means a supplier submitting a bid or proposal offering Buy Ohio products or demonstrating significant economic presence in Ohio or a border state.

(G) "Community rehabilitation program" has the same meaning as defined in section 125.60 of the Revised Code.

(H) "Domestic source end product" means:

(1) An unmanufactured end product mined or produced in the United States, or

(2) An end product manufactured in the United States, provided:

(a) The cost of its components mined, produced, or manufactured in the United States exceeds fifty per cent of the cost of all its components of foreign origin; and

(b) Its components of foreign origin are of the same class or kind as those that the department of administrative services ("the department") determines are not mined, produced, or manufactured in the United States in neither sufficient and reasonably available commercial quantities nor of a satisfactory quality.

(3) Scrap that is generated, collected, and prepared for processing in the United States.

(I) "Electronic procurement system" means the department of administrative services' electronic procurement system used to purchase supplies or services in a manner prescribed by the department.

(J) "Emergency" has the same meaning as defined in section 5502.21 of the Revised Code.

(K) "First requisite procurement program" has the same meaning as defined in section 125.035 of the Revised Code.

(L) "Government ordering office" has the same meaning as defined in section 125.60 of the Revised Code.

(M) "Invitation to bid" or "ITB" means the process for soliciting competitive sealed bids and all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed bids.

(N) "Offeror" means the person or firm which submits a proposal in response to a request for proposal.

(O) "Personal protective equipment" has the same meaning as section 125.05 of the Revised Code.

(P) "Produced" has the same meaning as defined in section 125.01 of the Revised Code.

(Q) "Products" has the same meaning as defined in section 125.01 of the Revised Code.

(R) "Proposal" means all documents, whether attached or incorporated by reference, supplied by the offeror in response to a request for proposal.

(S) "Purchase" has the same meaning as defined in section 125.01 of the Revised Code.

(T) "Qualifications summary" means information submitted by a bidder or offeror as part of a solicitation that is used to determine the bidder's or offeror's responsibility and responsiveness.

(U) "Qualified nonprofit agency" means any community rehabilitation program that has been certified pursuant to section 125.604 of the Revised Code.

(V) "Recycled products" means products that are substantially equivalent to a non-recycled product, are economically feasible, and are commercially available in quantities sufficient to meet the purchasing need.

(W) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed proposals.

(X) "Second requisite program" has the same meaning as section 125.035 of the Revised Code.

(Y) "Services" has the same meaning as defined in section 125.01 of the Revised Code.

(Z) "Significant Ohio economic presence" means business organizations that:

(1) Pay required taxes to the state of Ohio or applicable border state; and

(2) Are registered and licensed to do business in the state of Ohio with the office of the secretary of state or as required by applicable border state; and

(3) Have ten or more employees based in Ohio or the applicable border state, or seventy-five per cent or more of their employees based in Ohio or the applicable border state.

(AA) "Specification" means any description of the physical or functional characteristics or of the goods or service to be purchased. It may include a description of any requirements for inspecting, testing, or preparing goods or services for delivery.

(BB) "Supplies" has the same meaning as defined in section 125.01 of the Revised Code.

Last updated February 23, 2026 at 7:51 AM

Supplemental Information

Authorized By: 119.03
Amplifies: R.C. 122.925, R.C. 125.01, R.C. 125.035, R.C. 125.08, R.C. 125.082, R.C. 125.09, R.C. 125.11
Five Year Review Date: 3/16/2029
Prior Effective Dates: 5/5/1995, 3/28/2014, 3/9/2020

Rule 123:5-1-02 | Authority to purchase supplies and services.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) The director of the department of administrative services will establish contracts for supplies and services for use by state agencies. The director of the department may delegate the authority to purchase supplies and services to the department's assistant director, chief procurement officer, deputy chief procurement officer, or other designee within the department.

(B) Upon receiving a request from a state agency pursuant to section 125.02 of the Revised Code for a release and permit to allow a state agency to make a specific purchase of supplies or services, the department will consider if the department has the resources to purchase the supplies or services and whether the state's interests will be best met by the department purchasing the supplies or services or if they will be best met by delegating purchasing authority to one or more state agencies. A release and permit may be for a single purchase or for a group of similar or related purchases.

Last updated February 23, 2026 at 7:51 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 121.07; R.C. 125.02; R.C. 125.04; R.C. 125.041; R.C. 125.05; R.C. 125.601
Five Year Review Date: 2/13/2031

Rule 123:5-1-03 | Community rehabilitation program - administration.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) A government ordering office may apply for a waiver from the requirement to purchase supplies or services from qualified nonprofit agencies as set forth in section 125.607 of the Revised Code. Such application is made through the electronic procurement system or by contacting the department. The department may grant a government ordering office the waiver if the department determines:

(1) There are no qualified nonprofit agencies available or willing to provide the needed supplies or services;

(2) There is a qualified nonprofit agency that is willing to provide the needed supplies or services, but is not capable of providing them;

(3) The government ordering office is or has been dissatisfied with substantially similar or same supplies or services provided by the willing qualified nonprofit agency and has reported its dissatisfaction to the department or the department possesses specific information indicating such dissatisfaction; or

(4) The government ordering office made a good faith effort to reach agreement with the willing qualified nonprofit agency regarding price, terms, and specifications but was unsuccessful.

(B) When more than one qualified nonprofit agency desires to provide particular supplies or services to a government ordering office, the department will select one of the qualified nonprofit agencies to provide the supplies or services.

Last updated February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: 119.03
Amplifies: 125.603, 125.609
Five Year Review Date: 2/13/2031
Prior Effective Dates: 1/1/2007

Rule 123:5-1-04 | Application of preferences.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) Information furnished in a bid or proposal will be relied upon in making the determination about whether a preference set forth in this rule applies, but the state may verify such information if necessary. Any bidder or offeror that intentionally submits false or misleading information to receive a preference will be immediately disqualified and may be subject to administrative or legal action.

Preferences will be applied except in those circumstances where the director of the department of administrative services or the director's designee determines compliance would not be in the best interest of the state or when otherwise prohibited.

This rule applies to the following preferences:

(1) Buy American preference. Bids and proposals that certify that they meet the criteria of domestic source end products as defined in rule 123:5-1-01 of the Administrative Code will be evaluated to determine whether they are eligible for this preference.

(2) Buy Ohio preference. Bids and proposals that certify that they meet the criteria of buy Ohio products as defined in section 125.01 of the Revised Code, or that they are submitted by a buy Ohio supplier as defined in rule 123:5-1-01 of the Administrative Code, or that they are submitted by a business organization that has a significant Ohio economic presence as defined in rule 123:5-1-01 of the Administrative Code, will be evaluated to determine whether they are eligible for this preference.

(3) Veteran-friendly business enterprise preference. Bids and proposals will be evaluated to determine whether, at the due date and time of the submission, they were submitted by an entity that has the certification set forth in section 122.925 of the Revised Code and the rules promulgated thereunder.

(B) Criteria and procedures for applying preferences

Following the initial evaluation and scoring, all bids and proposals will be considered for preferences. Preferences will be calculated at a rate of five per cent for the first preference and two per cent each for the second and third preferences. The preferences will be summed up and applied as a total percentage for evaluation purposes.

Preferences will only be applied when there is at least one bidder or offeror that is not eligible to receive that particular preference. Bidders or offerors failing to complete the certification for a preference will not be eligible for that preference.

(1) Procedure for applying preferences to bids in response to an invitation to bid or reverse auction:

(a) For the buy American preference the applicable percentage is deducted from the costs submitted by the qualifying bidders eligible for the preference.

(b) For the buy Ohio preference, the applicable percentage is deducted from the costs submitted by the qualifying buy Ohio bidders eligible for the preference.

(c) If the bid contains multiple line items or multiple products, the preferences in paragraphs (B)(1)(a) and (B)(1)(b) of this rule will be applied per line item or only for that particular product.

(d) For the veteran-friendly enterprise preference, deduct the applicable percentage from the costs submitted by the qualifying veteran-friendly enterprise bidders eligible for the preference.

(2) Procedure for applying preferences to offers in response to a request for proposals:

(a) For the buy American preference, add the applicable percentage of the total available points to the total score of each offeror eligible for the preference.

(b) For the buy Ohio preference add the applicable percentage of the total available points to the total score of each offeror eligible for the preference.

(c) If claiming the preferences in paragraphs (B)(2)(a) and (B)(2)(b) of this rule based on the product(s) offered, an offeror is only eligible to receive the preference if the cost of the product(s) offered exceeds fifty per cent of the total offered cost for products and services. If claiming the preference in paragraph (B)(2)(b) of this rule, a buy Ohio supplier is eligible to receive the buy Ohio preference solely based on its significant economic presence in Ohio or a border state regardless of the origin of any product offered.

(d) For the veteran-friendly enterprise preference, add the applicable percentage of the total available points to the total score of each offeror entitled to the preference.

(3) After application of the preferences in this rule, the director or the director's designee will consider for award the bidder with the lowest bid or the offeror with the highest scoring proposal as adjusted by the preferences. If the director or the director's designee determines that selection of the lowest bid or the highest scoring proposal as adjusted by the preferences would not be in the best interest of the state, the director or the director's designee will propose a contract award to the lowest responsive and responsible bidder or to the offeror with the most advantageous proposal.

The final contract award will be made following further evaluation and award under rule 123:5-1-07, 123:5-1-08, or 123:5-1-12 of the Administrative Code.

(C) Model system of preferences

This system of preferences as outlined in this rule may be used voluntarily by counties, townships, and municipalities for purchasing contracts.

Last updated February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 125.09; R.C. 125.11
Five Year Review Date: 2/13/2031
Prior Effective Dates: 2/29/2016, 7/4/2022

Rule 123:5-1-05 | Purchase of biobased products.

• Effective: February 23, 2026
• Promulgated Under: 119.03

(A) A biobased product is a product currently designated by the United States department of agriculture ("USDA") as either qualifying for mandatory federal purchasing or being certified through the federal voluntary labeling initiative.

(B) The department of administrative services will provide access to the current USDA biobased products catalog on its website and will implement any policies and procedures necessary to administer the biobased preference program.

(C) Bidders or offerors will furnish information in their bids or proposals demonstrating how their products meet paragraph (A) of this rule. Information furnished in bids or proposals will be used to determine if a qualified biobased product is being offered. Any bidder or offeror that intentionally submits false or misleading information will be immediately disqualified and may be subject to administrative or legal action.

(D) When a qualified biobased product and a substantially equivalent non-biobased product are available, state agencies will purchase the qualified biobased product unless the director of the department or the director's designee determines that:

(1) Any of the circumstances described in division (C) or (H) of section 125.092 of the Revised Code apply. For purposes of this rule, "unreasonable price" means that the price of a qualified biobased product exceeds either the price or fair market value of a substantially equivalent non-biobased product by the percentage established by paragraph (E) of this rule; or

(2) Purchasing the biobased products would not be in the best interest of the state or the purchase is otherwise prohibited.

(E) For the price of a qualified biobased product to be reasonable, the price will not exceed the price or the fair market value of a substantially equivalent non-biobased product by five per cent or more.

Last updated February 23, 2026 at 7:52 AM

Supplemental Information

Authorized By: R.C. 119.03
Amplifies: R.C. 125.091; R.C. 125.092
Five Year Review Date: 2/13/2031
Prior Effective Dates: 11/22/2010

Rule 123:5-1-06 | Purchasing from requisite procurement programs.

• Effective: May 29, 2026
• Promulgated Under: 119.03

(A) Before purchasing any supplies or services, state agencies will submit purchase requests through the department of administrative services' electronic procurement system to determine if the needed supplies or services can be purchased from any of the first or second requisite procurement programs listed in section 125.035 of the Revised Code.

(B) Any waiver issued pursuant to division (G) of section 125.035 of the Revised Code will not exceed the biennium in which it was issued.

Last updated May 29, 2026 at 7:58 AM

Supplemental Information

Authorized By: R.C. 125.035
Amplifies: Not Applicable
Five Year Review Date: 2/13/2031

Rule 123:5-1-07 | The invitation to bid process.

• Effective: May 29, 2026
• Promulgated Under: 119.03

(A) Unless otherwise specified, an invitation to bid ("ITB") will include the following information:

(1) Instructions and information to bidders concerning submission of bid responses, including the name of the state agency requesting to purchase supplies or services and the closing date and time;

(2) Instructions governing communications, including instructions for submitting questions and posting answers on the department of administrative services' electronic procurement system;

(3) A description of the supplies or services to be purchased and any detailed specifications for the supplies or services;

(4) A description of the evaluation procedures to be followed for award of a contract;

(5) The contract terms and conditions, including any requirement for acceptable financial assurances; and

(6) If documents have been incorporated by reference, the ITB will specify where all bidders can obtain them.

(B) All ITBs, ITB amendments, conference notices, and awarded contracts will be publicly posted on the department's electronic procurement system.

(C) The department or the contracting state agency may conduct conferences:

(1) Prior to the ITB being issued to discuss proposed specifications or other information that may be used in the planning of the ITB.

(2) After the ITB has been issued to explain the procurement's requirements. Nothing stated at the conference will change the ITB unless a change is made by written amendment.

(D) ITB amendments will specify the portions of the ITB being changed. Amendments may extend the times and dates for submitting or opening bids.

(E) The department or contracting state agency will not:

(1) Open responses to an ITB until the closing date and time specified in the ITB.

(2) Accept responses to an ITB after the closing date and time specified in the ITB.

(F) Once a contract is awarded, opened bid responses are public records pursuant to the Ohio Public Records Act.

(1) If a bidder includes information in its response that it considers exempt from disclosure pursuant to the Ohio Public Records Act, the response will be accompanied with a redacted version of the response and a written justification that provides a detailed legal explanation for each redaction.

(2) If a bidder submits what the department or contracting state agency determines is an improperly redacted version of the bid response or an insufficient justification, prior to any award, the department or contracting state agency will advise the bidder in writing of the issues and provide the bidder a reasonable period of time to respond. Issues regarding redactions should be resolved prior to any award.

(G) Correction or withdrawal of a response to an ITB may be permitted by the department or the contracting state agency due to an inadvertent mistake by the bidder.

(1) If a mistake in a response to an ITB is attributable to an error in judgment by the bidder, the response to the ITB may not be corrected. Correction or withdrawal of a response to an ITB due to an inadvertent mistake is permissible only if it does not affect the response to the ITB's cost or otherwise give the bidder a competitive advantage.

(2) A bidder may correct mistakes discovered before the closing date and time specified in the ITB by withdrawing or correcting the response to the ITB.

(3) When the department or contracting state agency knows or has reason to believe that the bidder made a mistake, the department or contracting state agency will request the bidder to confirm the accuracy of information in the response to the ITB.

(H) Contracts may be awarded in whole or in part to one or multiple bidders. Notice of potential multiple contract awards will be provided in the ITB.

(I) The department or contracting state agency may reject any responses to an ITB in whole or in part, cancel, or reissue the ITB if it is determined that a contract award will not be in the best interest of the department or contracting state agency.

(J) The department or contracting state agency will provide a contract notice of award to all successful bidders using the department's electronic procurement system. Any apparent low bidder determined to be non-responsive or non-responsible will be notified of that determination and the basis for the determination.

Last updated May 29, 2026 at 7:59 AM

Supplemental Information

Authorized By: R.C. 125.05, 125.07, 125.09, 125.11
Amplifies: R.C. 9.312, 125.10
Five Year Review Date: 2/13/2031
Prior Effective Dates: 3/28/2014, 3/9/2020

Rule 123:5-1-08 | The request for proposal process.

• Effective: May 29, 2026
• Promulgated Under: 119.03

(A) Unless otherwise specified, a request for proposal ("RFP") will include the following information:

(1) Instructions and information to offerors concerning submission of proposals, including the name of the state agency requesting to purchase supplies or services and the closing date and time;

(2) Instructions governing communications, including instructions for submitting questions and posting answers on the department of administrative services' electronic procurement system;

(3) A description of the supplies or services to be purchased and any detailed specifications for the supplies or services;

(4) A description of the evaluation procedures to be followed for award of a contract;

(5) The contract terms and conditions, including any requirement for acceptable financial assurances;

(6) If documents have been incorporated by reference, the RFP will specify where all offerors can obtain them; and

(7) A statement that the department or contracting state agency may conduct discussions and/or negotiations with offerors who submit proposals for the purpose of clarification and/or correction, including the documentation of such to assure full understanding of and responsiveness to the requirements, terms and conditions, and specifications of the RFP.

(B) All RFPs, RFP amendments, conference notices, and awarded contracts will be publicly posted on the department's electronic procurement system.

(C) The department or the contracting state agency may conduct conferences:

(1) (1) Prior to the RFP being issued to discuss proposed specifications or other information that may be used in the planning of the RFP.

(2) After the RFP has been issued to explain the procurement's requirements. Nothing stated at the conference will change the RFP unless a change is made by written amendment.

(D) RFP amendments will specify the portions of the RFP being changed. Amendments may extend the times and dates for submitting or opening proposals.

(E) The department or contracting state agency will not:

(1) Open responses to an RFP until the closing date and time specified in the RFP.

(2) Accept responses to an RFP after the closing date and time specified in the RFP.

(F) Once a contract is awarded, opened proposals are public records pursuant to the Ohio Public Records Act.

(1) If an offeror includes information in its proposal that it considers exempt from disclosure pursuant to the Ohio Public Records Act, the proposal will be accompanied with a redacted version of the proposal and a written justification with a detailed legal explanation for each redaction.

(2) If an offeror submits what the department or contracting state agency determines is an improperly redacted version of the proposal or an insufficient justification, prior to any award, the department or contracting state agency will advise the offeror in writing of the issues and provide the offeror a reasonable period of time to respond. Issues regarding redactions should be resolved prior to any award.

(G) The department does not permit corrections to or withdrawals of proposals after the closing date and time.

(H) Contracts may be awarded in whole or in part to one or multiple offerors. Notice of potential multiple contract awards will be provided in the RFP.

(I) The department or contracting state agency has the right to reject any responses to an RFP in whole or in part, cancel, or reissue the RFP if it is determined that a contract award will not be in the best interest of the department or contracting state agency.

(J) The department or contracting state agency will provide a contract notice of award to all successful offerors using the department's electronic procurement system.

Last updated May 29, 2026 at 7:59 AM

Supplemental Information

Authorized By: R.C. 125.05, 125.071, 125.09, 125.11
Amplifies: R.C. 9.312, 125.10
Five Year Review Date: 2/13/2031
Prior Effective Dates: 3/9/2020, 4/26/2024

Rule 123:5-1-09 | The reverse auction process.

• Effective: May 29, 2026
• Promulgated Under: 119.03

(A) Reverse auctions will be conducted using an Invitation to Bid ("ITB") by the department of administrative services. Unless otherwise specified in this rule, a reverse auction ITB will follow the process set forth in paragraphs (A) to (H) of rule 123:5-1-07 of the Administrative Code.

(B) Bidders will submit a qualification summary as a response to the ITB.

(1) The signature of the bidder on the qualifications summary will serve as the signature for the entire response to the ITB.

(2) The qualifications summary will include the names and contact information of the persons who will serve as the authorized representatives of the bidder during the auction event.

(3) The department will use information from the qualifications summaries to register bidders for the auction event and reserves the right to exclude bidders that are deemed not responsive or not responsible.

(C) The department will provide written notice to each bidder through the department's electronic procurement system regarding the bidder's inclusion or exclusion from the qualified bidders list. Only those bidders on the qualified bidders list will be allowed to participate in the auction event.

(D) The department will work with the bidders on the qualified bidders list to prepare for the auction event. Preparation may include configuration of the department's electronic procurement system, testing of the bidder interface, delivery of auction event documentation, and training on how to use the system for the auction event.

(1) The department will provide the necessary administrative support and take any required actions to ensure that the integrity of the auction event is not compromised, including:

(a) Keeping an event record that will include the prices offered by the bidders. The event record will become part of the contract documents and will become a public record at the conclusion of the event.

(b) Configuring the bidder interface so a bidder will not know the identities of competing bidders until the auction event is complete and the contract awarded.

(2) Bidders may submit multiple bids during the auction event. The lowest price offered will become the price portion of the bid response.

(3) Bids must be submitted by, or under the direction of, an authorized representative designated in the bidder's qualifications summary.

(4) The auction event will have a scheduled stop time. However, if stated in the ITB, the department may extend the auction event's duration if a pre-determined number of bids are not received within a specified period of time.

(a) Procedures for extending the auction event will be described in the ITB.

(b) The auction event will conclude at either the scheduled stop time or when all extensions are completed, whichever is later.

(5) When the department has reason to conclude that a bid is unreasonably lower than others that have been submitted, the department will ask the bidder to confirm the bid response.

(6) After the conclusion of the auction event, the department will award the contract to the bidder with the lowest bid determined to be the most responsive and responsible. An apparent low bidder found not to be responsive or responsible will be notified of that finding and the reasons for it.

Last updated May 29, 2026 at 7:58 AM

Supplemental Information

Authorized By: 125.072
Amplifies: Not applicable.
Five Year Review Date: 2/13/2031
Prior Effective Dates: 9/21/2004

Rule 123:5-1-10 | Specification authority.

• Effective: May 29, 2026
• Promulgated Under: 119.03

(A) The department of administrative services has authority to prepare specifications for procurement of supplies or services. At its discretion, the department may delegate specification preparation authority to a state agency.

(B) The department or authorized state agency may contract for specification preparation provided there is no conflict of interest and such action is in the state's best interest.

(1) Any contractor engaged in preparing specifications will not submit a bid or proposal, participate as a subcontractor, or otherwise receive any financial or competitive advantage - directly or through any affiliate, subsidiary, parent company, or entity under common control - from the resulting contract, any related agreement, or from any brand, product, or manufacturer identified in the specifications or qualified products list.

(2) The department or authorized state agency has final authority to review, edit, and approve specifications to ensure that the specifications are non-restrictive, reflect current industry standards, and promote open competition.

(C) A specification must not include contract terms and conditions, response or proposal opening details, delivery schedules, payment terms, liquidated damages, or qualification of bidders or offerors. Specifications will be developed using one or more of the following methods:

(1) A design specification may be used when prescriptive details are necessary. A design specification will include specific manufacturing requirements and may include engineering plans, drawings, or blueprints.

(2) A performance specification may be used to describe required performance characteristics to achieve an intended outcome without mandating design details.

(3) A combination specification may be used when both design and performance attributes are necessary to meet requirements.

(4) Brand name or approved equal specifications may be used when design or performance specifications are impracticable or time constraints exist. Such specifications will establish minimum requirements and include at least two manufacturers or authorized distributors to ensure competition. Any brand name or approved equal specifications that meet or exceed minimum requirements will qualify for a contract award. Any individual or entity engaged in preparing brand name or approved equal specifications will disclose any financial interest in the identified brands or their authorized distributors and will not participate if such an interest exists.

(5) A qualified products list is a list of products tested and approved as meeting applicable specifications. A qualified products list may be used when time does not permit specification development or when deemed in the best interest of the state. At least two manufacturers need to be solicited for inclusion on the qualified products list to ensure competition. Product testing or evaluation may be conducted by the department, authorized state agency, or an independent product testing facility as designated by the department or the authorized agency. Any party engaged in testing or evaluating products for inclusion on the qualified products list will disclose any financial interest in the products or the manufacturers under consideration and will not participate if such an interest exists.

(6) A brand-specific specification may be used when a particular brand is the only product capable of meeting the department's or authorized state agency's needs. A brand-specific specification will only be used when at least one of the following conditions exists:

(a) The brand-specific product is a component of an existing item and alternative products are incompatible;

(b) Alternative equivalent products are unavailable in sufficient quantities to meet the need;

(c) Inventory considerations make alternatives cost prohibitive; and

(d) At least two authorized distributors are available. If not, purchases will comply with section 127.16 of the Revised Code.

Last updated May 29, 2026 at 7:59 AM

Supplemental Information

Authorized By: R.C. 125.02, 125.09
Amplifies: Not Applicable
Five Year Review Date: 2/13/2031
Prior Effective Dates: 5/5/1995, 3/28/2014