SS/HCS/HB 1088 - This act modifies various provisions relating to the Office of Administration.
PRESERVATION OF RECORDS BY OA
The act requires the Commissioner of Administration to preserve the original, or the exact digital copy of the original, of all accounts, vouchers, and documents approved or to be approved by the Commissioner.
PURCHASING PROCESSES BY OA
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 also 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.
The act permits the Commissioner of Administration to hold reverse auctions to procure merchandise, supplies, raw materials, or finished goods if price is the primary factor in evaluating bids excluding certain items related to the purchase of information technology.
Current law permits the procurement of supplies by competitive proposal if it is determined that the use of competitive bidding is not practicable or advantageous and the purchase is in excess of $5,000. This act increases that threshold to $10,000. Current law also requires advertisement, notice, and solicitation of bids for state purchases with an estimated expenditure of for such purchases of $25,000 or more. This act increases that threshold to $100,000 or more.
The act provides that a request for proposal may set forth the manner for determining which offerors are eligible for negotiation, including the use of shortlisting.
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.
Current law permits departments to purchase products and services related to information technology when the estimated expenditure of the purchase does not exceed $75,000 and the department complies with certain other provisions of law. This act increases the purchase threshold to $150,000.
These provisions are substantially similar SB 176 (2019), SB 257 (2019), HB 100 (2019), HB 214 (2019), HB 930 (2019), and certain provisions in SS/SCS/HCS/HB 2140 (2018).
PAYMENT OF FEES FOR USING ELECTRONIC PAYMENT METHODS
Under current law, state agencies and departments shall not incur any additional fees for utilizing certain electronic payment methods pursuant to a contract with any third party. This amendment allows payment of such fees upon a finding by the Commissioner of Administration that payment would result in a positive fiscal impact to the state.
MILLION DOLLAR BOONDOGGLE ACT OF 2019
The act additionally creates the Million Dollar Boondoggle Act of 2019. Under these provisions the Office of Administration is required to submit to the General Assembly and post on its website a report on each capital improvement, building renovation, construction project, or information technology project of any type that is funded by an executive agency using only funds appropriated by the General Assembly that is more than 1 year behind schedule or for which the amount spent on the project is at least $1 million more than the original cost estimate for the project.
The act provides that institutions of higher education shall be permitted to enter into long-term concessions, which shall include a license or lease for the development, finance, operation, or maintenance of a project, with a private developer to construct, finance, operate, and maintain a project, in exchange for annual payments. Nonperformance shall result in the abatement of such agreement.
This provision is identical to SCS/SB 474 (2019) and substantially similar to HB 1099 (2019).
The act furthermore modifies the administrative rulemaking process by state agencies. Any state agency that promulgates an emergency rule shall complete a fiscal note if such rule would require an expenditure of public funds or an expenditure by a private entity. Such fiscal note shall be filed with the Secretary of State and the Joint Committee on Administrative Rules prior to the adoption of the rule. The fiscal note shall be supported by a declaration that is subject to criminal penalties for making a false declaration, rather than an affidavit. After the filing of the rule, the Secretary of State shall, as soon as practicable, publish certain materials related to the rule in the Missouri Register, email such materials within three business days to persons who have registered to be notified of the agency's actions, and publish such materials within three business days on the Secretary of State's website. The act provides that the fiscal note for an emergency rule must only reflect fiscal costs for the duration of the emergency rule. The act further provides that any emergency rule may be effective not less than ten business days after filing with the Secretary of State.
Currently, the Missouri Register and the Code of State Regulations must be published in writing upon request. This act repeals these requirements. Additionally, current requirements regarding the printing of the Code and costs for printing and mailing of the Register are repealed.
These provisions are identical to HCS/HB 931 (2019), substantially similar to SCS/SB 328 (2019), and similar to SB 1039 (2018), SB 468 (2017), and SB 1144 (2016).