MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Tollison

Senate Bill 2616

AN ACT TO AMEND SECTIONS 19-13-111, 31-7-15 AND 31-7-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE LETTING OF PUBLIC CONTRACTS, PREFERENCE SHALL BE GIVEN TO RESIDENT BIDDERS WHENEVER ALL THINGS ARE EQUAL WITH REGARD TO QUALITY AND SERVICE BUT DIFFER ONLY WITH REGARD TO PRICE, IF THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM RESIDENT BIDDERS IS NOT MORE THAN TWO PERCENT GREATER THAN THE AGGREGATE OF THE PRICES IN BIDS RECEIVED FROM NONRESIDENT BIDDERS; TO PROVIDE THAT A NONRESIDENT BIDDER DOMICILED IN A STATE HAVING LAWS GRANTING PREFERENCE TO RESIDENT BIDDERS SHALL BE AWARDED MISSISSIPPI CONTRACTS ONLY ON THE SAME BASIS AS THE NONRESIDENT BIDDER'S STATE AWARDS CONTRACTS TO MISSISSIPPI RESIDENTS BIDDING UNDER SIMILAR CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1.  Section 19-13-111, Mississippi Code of 1972, is amended as follows:

     19-13-111.  All bids and contracts for stationery, blank books, office supplies and other things must be specific in stating the kinds or brands and qualities of all articles, as far as practicable; the weight per ream and material of all paper; the price per quire and the weight per ream of books and record books, with the style of binding and size of each kind of book duly classified * * *;and,.  If other things * * * being are substantially equal * * *, the several boards shall give the preference to those bids which are most specific as to the price and with respect to quality * * * of the various articles.  In case bids are in all respects equal between resident and nonresident bidders and service but differing only with respect to price, the board of supervisors shall give preference to bids from citizens of this state, if the aggregate of the prices in bids received from citizens of this state is not more than two percent (2%) greater than the aggregate of the prices in bids received from nonresident bidders.  A nonresident bidder domiciled in a state having laws granting preference to resident bidders shall be awarded Mississippi contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi residents bidding under similar circumstances; and resident bidders actually domiciled in Mississippi, whether corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident.  When a nonresident contractor submits a bid for a contract, he shall attach to the bid a copy of his resident state's current law pertaining to his state's treatment of nonresident bidders.

SECTION 2.  Section 31-7-15, Mississippi Code of 1972, is amended as follows:

     31-7-15.  (1)  (a)  Whenever two (2) or more competitive bids are received * * *, and one or more * * * of which relates to * * * commodities goods and services grown, processed or manufactured within this state, * * * and whenever the bids relating to goods and services grown, processed or manufactured within this state shall be given preference if:

(i)  The aggregate of the prices in received bids that relate to the goods and services grown, processed or manufactured in this state is not more than two percent (2%) greater than the aggregate of the prices received from the lowest bidder; and

(ii)  All other things stated in * * * such the received bids are substantially equal with respect to * * * price, quality and service * * *, the commodities grown, processed or manufactured within this state shall be given preference.

(b)  A * * * similar preference similar to that authorized in paragraph (a) of this subsection 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.

(c)  A nonresident bidder domiciled in a state having laws granting preference to resident bidders shall be awarded Mississippi contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi residents bidding under similar circumstances.  Resident bidders actually domiciled in Mississippi, whether corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident.  When a nonresident contractor submits a bid for a contract, he shall attach to the bid a copy of his resident state's current law pertaining to his state's treatment of nonresident bidders.

     (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 3.  Section 31-7-47, Mississippi Code of 1972, is amended as follows:

     31-7-47.  In the letting of public contracts, whenever all things stated in the bids are substantially equal with regard to quality and service but differ only with respect to price, preference shall be given to resident contractors * * *, and if the aggregate of the prices in bids received from the resident contractors is not more than two percent (2%) greater than the aggregate of the prices in bids received from nonresident contractors.  A nonresident bidder domiciled in a state, city, county, parish, province, nation or political subdivision having laws granting preference to local contractors shall be awarded Mississippi public contracts only on the same basis as the nonresident bidder's state, city, county, parish, province, nation or political subdivision awards contracts to Mississippi contractors bidding under similar circumstances.  Resident contractors actually domiciled in Mississippi, be they corporate, individuals or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state, city, county, parish, province, nation or political subdivision of domicile of the nonresident.  When a nonresident contractor submits a bid for a contract, he shall attach to the bid a copy of his resident state's current law pertaining to his state's treatment of nonresident bidders.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2019.

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