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State Contracting Requirements

Contracting with the public sector generally involves a whole new set of requirements and contract clauses that are not used by the private sector. For example, public entities require strict fiscal approvals before an awarded contract is valid and work may commence. Certifications as to workers’ compensation coverage, drug free workplace, equal opportunity, and child support payment compliance, just to name a few, are relatively commonplace. General information about some new or unique contracting requirements can also be found below:

Declaration of Material Assistance
The Ohio Declaration of Material Assistance/Non Assistance to a Terrorist Organization must be completed by all applicants for public employment, public contracts and some licenses.

Campaign Finance Certificates of Compliance
Ohio Revised Code 3517.13 requires that all contracts issued by state and local governments contain a certification that the contractor has and will continue to comply with Ohio campaign finance laws. The form of this certification is not established by law and public entities are meeting the legal requirement in a variety of ways that range from including a single sentence in a contract to requiring a stand-alone affidavit attesting to compliance.

Ohio Affirmative Action Program Verification Form
Ohio Revised Code Section 125.111 requires that all contractors doing business with the State of Ohio or its political subdivisions have a written affirmative action program for the employment and effective utilization of economically disadvantaged persons and that each plan be filed with the Equal Employment Opportunity Office of the Ohio Department of Administrative Services.

Ethics Certificates of Compliance
State contracts now must include a certification related to ethics compliance pursuant to Governor Strickland’s Executive Order 2007-01S.

Recent Changes Impact Private Corporations, Their Subsidiaries and Their Officers When State Funding is Accepted
Article from May 2006 on an Ohio Supreme Court decision and Ohio legislation that heighten the scrutiny permitted by the state of corporations that accept state funding.

Unresolved Findings of Recovery
State agencies and political subdivisions may not award a contract to any company with an unresolved finding of recovery with the Auditor of State. Many state and local government contracts for goods and services or construction include a clause certifying to compliance with this requirement.