Bill Text: MS SB2899 | 2011 | Regular Session | Introduced

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Bill Title: Public purchases; revise bid preference law.

Sponsorship: Partisan Bill (Republican 3)

Status: (Failed) 2011-02-01 - Died In Committee [SB2899 Detail]

Download: Mississippi-2011-SB2899-Introduced.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) McDaniel, Watson, Yancey

Senate Bill 2899

AN ACT TO AMEND SECTION 31-7-15, MISSISSIPPI CODE OF 1972, TO REVISE THE LAW REQUIRING STATE AGENCIES TO GIVE PREFERENCE TO GOODS AND SERVICES THAT HAVE BEEN MANUFACTURED OR PRODUCED IN THIS STATE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 31-7-15, Mississippi Code of 1972, is amended as follows:

     31-7-15.  (1)  (a)  State agencies shall not discriminate against bidders from states or nations outside Mississippi, except as provided by this section.  State agencies shall reciprocate the bidding preference given by other states or nations to bidders domiciled in their jurisdictions.  The State Purchasing Officer shall annually prepare and distribute to certified procurement officers a schedule providing which states give bidders in their states a preference and the extent of the preference.  This schedule shall be used by state agencies in evaluating bids.

          (b)  For purposes of awarding contracts state agencies shall:

              (i)  Give preference to goods and services that have been manufactured or produced in this state if the price, fitness, availability and quality are otherwise equal;

              (ii)  Give preference to goods and services from another state over foreign goods or services if goods or services manufactured or produced in this state are not equal in price, fitness, availability, or quality; and

              (iii)  Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.  (2)  Any foreign manufacturing company with a factory in the state and with over fifty (50) employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.

     (3)  On or before January 1, 1991, the Department of Finance and Administration shall adopt bid and product specifications to be utilized by all state agencies that encourage the procurement of commodities made from recovered materials.  Preference in awarding contracts for commodities shall be given to commodities offered at a competitive price.

     (4)  Each state agency is required to procure products made from recovered materials when those products are available at a competitive price.  For purposes of this subsection, "competitive price" means a price not greater than ten percent (10%) above the lowest and best bidder.  A decision not to procure products made from recovered materials must be based on a determination that such procurement:

          (a)  Is not available within a reasonable period of time; or

          (b)  Fails to meet the performance standards set forth in the applicable specifications; or

          (c)  Is not available at a competitive price.

     (5)  Whenever economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.

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