Bill Text: MS HB1578 | 2016 | Regular Session | Introduced
Bill Title: Public contracts; give preference to certain veteran-owned small businesses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1578 Detail]
Download: Mississippi-2016-HB1578-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Revenue and Expenditure General Bills
By: Representative Mims
House Bill 1578
AN ACT TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION, IN CONSULTATION WITH THE STATE VETERANS AFFAIRS BOARD AND THE MISSISSIPPI DEVELOPMENT AUTHORITY, MAY DETERMINE GOALS REGARDING SERVICE-CONNECTED DISABLED VETERAN-OWNED SMALL BUSINESS PARTICIPATION IN STATE CONTRACTS AND PROCUREMENTS; TO PROVIDE THAT IN THE LETTING OF PUBLIC CONTRACTS, WHENEVER ALL THINGS STATED IN THE BIDS ARE SUBSTANTIALLY EQUAL WITH REGARD TO QUALITY AND SERVICE BUT DIFFER ONLY WITH RESPECT TO PRICE, PREFERENCE MAY BE GIVEN TO CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED SMALL BUSINESSES IF THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM A CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED SMALL BUSINESS IS NOT MORE THAN 10% GREATER THAN THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM OTHER BIDDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in Sections 1 through 5 of this act, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Agency" means and has the same definition as that term has in Section 31-7-1.
(b) "Department" means the Department of Finance and Administration.
(c) "Service-connected disabled veteran" means a veteran who has a service-connected disability of not less than thirty percent (30%) as classified by the appropriate federal agency responsible for the administration of veterans' affairs.
(d) "Service-connected disabled veteran-owned small business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity that is a small business and is at least fifty-one percent (51%) owned by a service-connected disabled veteran, or in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more service-connected disabled veterans.
(e) "Small business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity that:
(i) Is independently owned and operated;
(ii) Is not dominant in its field of operations, which shall be determined by consideration of the business's number of employees, volume of business, financial resources, competitive status, and ownership or control of materials, processes, patents, license agreements, facilities and sales territory;
(iii) Is owned by and has officers who are citizens or legal residents of the United States, all of whom are domiciled in Mississippi, and that maintain its principal business office in Mississippi; and
(iv) Together with any of its affiliate entities, has fewer than fifty (50) full-time employees and average annual gross receipts not exceeding Ten Million Dollars ($10,000,000.00) per year for construction operations and Five Million Dollars ($5,000,000.00) per year for nonconstruction operations, for each of the previous three (3) tax years.
(f) "Veteran" means and has the same definition as that term has in 38 USCS 101(2).
SECTION 2. In consultation with the State Veterans Affairs Board and the Mississippi Development Authority, the department may determine the appropriate level and number of goals for each year regarding service-connected disabled veteran-owned small business participation in state contracts and procurements. The formulation of each goal may be based on historical public contracting and procurement data and any other factors which the department deems useful. As part of development of goals, the department may consider the capacity of service-connected disabled veteran-owned small businesses available to participate in meeting goals, which may be determined based on past experience, available service-connected disabled veteran-owned small business certifications, and recognized industry composition. The department shall provide guidance to agencies with respect to estimation of dollar values for anticipated contract and procurement activity to be used in the development of a goal. Agencies shall report any data required by the department in accordance with a schedule established by the department.
SECTION 3. In the letting of public contracts by or for agencies, whenever all things stated in the bids are substantially equal with regard to quality and service but differ only with respect to price, preference may be given to certified service-connected disabled veteran-owned small businesses if the aggregate of the prices in bids received from a certified service-connected disabled veteran-owned small business is not more than ten percent (10%) greater than the aggregate of the prices in bids received from other bidders.
SECTION 4. An entity desiring certification as a service-connected disabled veteran-owned small business under Sections 1 through 5 of this act must submit appropriate, federal documentation as defined by the State Veterans Affairs Board as part of bid and/or quotation documents at the time of submitting a bid and/or quotation. Current certification documentation must be submitted with each bid and/or quotation submitted, and such certification shall only apply to the current bid and/or quotation for which it is submitted. The department shall review the application, determine whether the applicant qualifies for certification and notify the applicant in writing of its decision relating to the application. The Mississippi Development Authority may maintain a listing of all certified service-connected disabled veteran-owned small businesses which shall be updated regularly. This listing shall be available on the Mississippi Development Authority's Internet website and shall also be available in written form upon written request.
SECTION 5. The department shall have all powers necessary to implement and administer Sections 1 through 5 of this act, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of Sections 1 through 5 of this act.
SECTION 6. This act shall take effect and be in force from and after July 1, 2016.
