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Executive Order 2019-12D

WHEREAS, the retention and creation of jobs in the State of Ohio is fundamental to the future prosperity of all Ohioans: and

WHEREAS, the use of public funds for services provided outside the United States potentially undermines economic development; and

WHEREAS, it shall be the policy of my Administration to prohibit the expenditure of public funds for services provided outside the United States;

NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, by virtue of the authority vested in me by the Constitution and laws of this State do hereby order and direct that:

  1. No State Cabinet Agency, Board or Commission (“Executive Agency”) shall enter into any contract which uses any funds within its control to purchase services which will be provided outside the United States.  This Executive Order applies to all purchases of services made directly by an Executive Agency and services provided by subcontractors of those providing services purchased by an Executive Agency.
  2. This Executive Order will be personally provided, by the Director, Chair or other chief executive official of each Executive Agency, to the Chief Procurement Officer or other individual at that entity responsible for contracts for services.
  3. The Department of Administrative Services, through Ohio’s Chief Procurement Officer, shall continue to maintain procedures to ensure all of the following:
    1. All agency procurement officers (APOs), or the person with equivalent duties at each Executive Agency, have standard language in all Executive Agency contracts which:
      1. Reflect this Order’s prohibition on the purchase of offshore services.
      2. Require service providers or prospective service providers to:
      3. Affirm that they understand and will abide by the requirements of this Order.
      4. Disclose the location(s) where all services will be performed by any contractor or subcontractor.
      5. Disclose the location(s) where any State data associated with any of the services they are providing, or seek to provide, will be accessed, tested, maintained, backed-up or stored.
      6. Disclose any shift in the location of any services being provided by the contractor or any subcontractor.
      7. Disclose the principal location of business for the contractor and all subcontractors who are supplying services to the State under the proposed contracts
    2. All APOs confirm that all quotations, statements of work, and other such proposals for services affirm this Order’s prohibition on the purchase of offshore services and include all of this Order’s disclosure requirements.
      1. Any such proposal for services lacking the affirmation and disclosure requirements of the Order will not be considered.
      2. Any such proposal where the performance of services is proposed to be provided at a location outside the United States by the contractor or any subcontractor will not be considered.
    3. All procurement manuals, directives, policies, and procedures reflect the requirements of this Order. 
    4. All APOs have adequate training which addresses the terms of this Order.
  4. Nothing in this Order is intended to contradict any State or federal law.  In addition, this Order does not apply to:
    1. Services necessary to support the efforts to attract jobs and business to Ohio;
    2. Academic, instructional, educational, research or other services necessary to support the international missions of Ohio’s public colleges and universities; or
    3. Situations in which the Director of the Department of Administrative Services, or the Director’s designee, shall determine that it is an emergency or that it is necessary for the State to waive some or all of the requirements of this Order.  The Director shall establish standards by which Executive Agencies may request a waiver of some or all of the requirements of this Order and by which such requests will be evaluated and may be granted.

I signed this Executive Order on March 4, 2019 in Columbus, Ohio and it will expire ten (10) calendar days after my last day as Governor of Ohio unless rescinded before then.

 

____________________
Mike DeWine, Governor

 

ATTEST:

____________________
Frank LaRose, Secretary of State