Enrolled Bill Summary

            Senate Bill 1752 revises state procurement laws relating to the authority of the General Services Commission and other agencies to use competitive sealed proposals. It establishes a best value standard for purchases of goods and services, lists factors relevant to assessing best value, and describes how those factors are to be applied in competitive bidding and competitive sealed proposals. The act contains provisions on state-government electric rates and allows the state to intervene in certain utility deregulation proceedings. Other provisions relate to the use of product standards, pretesting, and technology access clauses in contracts. The commission may bar vendors from participation in state contracts for substandard performance, material misrepresentations, fraud, or breach of contract.

            The act increases from $5,000 to $15,000 the threshold below which purchasing is delegated to state agencies and above which the commission optionally may delegate purchasing. The commission must monitor the purchasing it delegates and report any misuse of the statutory delegation to specified state officials. The act charges the state auditor to conduct compliance audits of delegated and exempt purchasing. The commission may provide open market purchasing services, at a fee, for delegated and exempt agencies. The act eliminates the exception process for proprietary purchases from a single vendor.

            The commission may appoint a Vendor Advisory Committee and an Advisory Committee on Procurement to obtain input from the vendor community and governmental purchasers, respectively. The commission and state agencies must adopt procedural rules for resolving vendor protests. The act directs the auditor and Advisory Committee on Procurement to study the classification of state agency purchasing personnel. The commission must offer training, continuing education, and certification to such personnel and may offer the same to local-government purchasers.