2005 Regular Session
By: Representative Miles
AN ACT TO AMEND SECTION 31-7-15, MISSISSIPPI CODE OF 1972, TO PROVIDE A PREFERENCE FOR MISSISSIPPI PRINTERS WHEN STATE AGENCIES, LOCAL GOVERNING AUTHORITIES AND OTHER ENTITIES EXPENDING PUBLIC FUNDS RECEIVE COMPETITIVE BIDS FOR PRINTING SERVICES, IF THE MISSISSIPPI PRINTER MEETS CERTAIN CRITERIA AND THE PRICE BID BY THE MISSISSIPPI PRINTER DOES NOT EXCEED BY MORE THAN FIVE PERCENT THE PRICE BID BY THE NONRESIDENT PRINTER; 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) Whenever two (2) or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities grown, processed or manufactured within this state shall be given preference. A similar preference shall be given to commodities grown, processed or manufactured within this state whenever purchases are made without competitive bids, and when practical the Department of Finance and Administration may by regulation establish reasonable preferential policies for other commodities, giving preference to resident suppliers of this state.
(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 an agency or governing authority, or any other entity that will expend fifty percent (50%) or more of public funds for payment, receives two (2) or more competitive written bids for any type of printing services, and the bids received from a Mississippi firm and a firm outside the State of Mississippi are the best bids that are substantially equal with respect to quality and service but differ only as to price, the agency, governing authority or entity shall give preference to the Mississippi firm if the price bid by the Mississippi firm does not exceed by more than five percent (5%) the price bid by the firm outside the State of Mississippi. For the purpose of this subsection, "Mississippi firm" means a person, partnership, association, company or corporation that is authorized to do, and is doing, business under the laws of Mississippi, owns or leases a printing plant equipped with machinery and equipment capable of producing the work in the bid specifications, is actually engaged in the printing business in Mississippi, pays Mississippi retail sales tax on all other printing services, pays Mississippi corporate or business income tax on the income of the firm, pays all other taxes duly assessed, and employs not fewer than six (6) employees who are subject to the payment of Mississippi income tax.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.