Executive Order 2019-12D: Governing the Expenditure of Public Funds for Offshore Services

This is an Executive Order issued by the State of Ohio, signed by Governor Mike DeWine on March 4, 2019, that establishes policy governing the procurement of services by State Cabinet Agencies, Boards, and Commissions. The order prohibits all State Executive Agencies from entering into contracts using state funds to purchase services that will be provided outside the United States. The prohibition applies to services purchased directly by Executive Agencies and services provided by subcontractors of primary service providers. The order requires Agency Procurement Officers to maintain standard language in all Executive Agency contracts that reflects this prohibition and requires service providers to affirm their understanding of and compliance with the offshore services restriction. The Executive Order will expire ten calendar days after Governor DeWine's last day in office unless rescinded prior to that time.

The order requires service providers and prospective service providers to disclose all locations where services will be performed by any contractor or subcontractor, identify where any State data will be accessed, tested, maintained, backed-up or stored, and disclose shifts in service locations and the principal business locations of all contractors and subcontractors. All proposals lacking the required affirmations and disclosures will not be considered, and any proposal proposing service performance outside the United States will be rejected. The Department of Administrative Services, through Ohio's Chief Procurement Officer, is responsible for ensuring compliance. Exceptions to the order include services necessary to attract jobs and business to Ohio, academic and instructional services supporting international missions of public colleges and universities, and emergency situations or situations where the Director of the Department of Administrative Services determines a waiver is necessary.