HB 2140 Modifies the law on public contracts

     Handler: Nasheed

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 2140 - This act modifies provisions relating to public contracts.

The act exempts public institutions of higher education from the laws pertaining to state purchases.

This provision is identical to a provision in the truly agreed to CCS/SS/SCS/HCS/HB 1879 (2018) and the truly agreed to CCS/HCS/SCS/SBs 807 & 577 (2018).

Current law provides that all state purchases in excess of $3,000 shall be based on competitive bids. This act increases that threshold to $10,000.

Current law requires advertisement, notice, and solicitation of bids for state purchases with an estimated expenditure of $25,000 or more. This act increases that threshold to $100,000 or more.

Current law requires notice to be posted of a proposed single feasible source purchase where the estimated expenditure is $5,000 or more. This act increases the threshold to $10,000 or more. Furthermore, current law additionally provides that where the estimated expenditure of a single feasible source purchase is $25,000 or more the Commissioner of Administration shall advertise the intent to make such purchase in at least 2 daily newspapers. This act increases that threshold to $100,000.

The act permits the Office of Administration to participate in a cooperative purchasing agreement whereby supplies are procured pursuant to a contract that is open to state entities and established by the General Service Administration. The Office is required to annually provide a report of all such agreements to the President Pro Tem of the Senate and the Speaker of the House of Representatives. This provision expires on August 28, 2024.

The act provides that a request for proposal may set forth the manner for determining which offerors are eligible for negotiation, including but not limited to the use of shortlisting.

Current law provides that each contract for the purchase or lease of manufactured goods or commodities in excess of $25,000 by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. This act increases the purchase cost threshold to $100,000 before such requirements apply.

Under current law, state agencies and departments shall not incur any additional fees for utilizing certain electronic payment methods, including credit cards and debit cards. This act allows payment of fees upon a finding by the Commissioner of Administration that payment would result in a positive fiscal impact to the state.

This provision is substantially similar to a provision in HCS#2/SS/SB 704 (2018).

This act permits the Commissioner of Administration to designate a non-profit organization a minority business enterprise or a women's business enterprise for the exclusive purpose of competing in other states.

This provision is identical to the truly agreed to SS#2/SCS/SB 802 (2018).

The act provides that any request for proposals for the purchase of technology by the state shall not exceed twenty-five percent of the total points available in scoring the request for proposals. The Office of Administration is required to promulgate rules to assure that the state maximizes value for the dollar over price.

Certain provisions of this act are identical to provisions in HB 1701 (2018), HB 2263 (2018), and the perfected HCS/HB 2540 (2018).

SCOTT SVAGERA

SA 1 - MODIFIES PROVISIONS RELATING TO CERTAIN PUBLIC CONTRACTS.


Go to Main Bill Page  |  Return to Summary List  |  Return to Senate Home Page