SB2800_H_Cmte_Amend

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

(5) Whenever any state department, agency, board, commission or institution enters into any contract for the purchase of printing services, it shall purchase such services from a printing company that is a Mississippi business. For purposes of this subsection, "Mississippi business" means a corporation, individual, partnership, association, organization or other entity that is (i) domiciled in Mississippi, (ii) subject to Mississippi income tax laws, (iii) subject to Mississippi sales tax laws, and (iv) has one or more employees who are domiciled in Mississippi and subject to Mississippi income tax laws. This subsection shall not apply to contracts entered into pursuant to Section 1-1-107.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.