Senate Bill 2961

AN ACT TO AMEND SECTION 31-7-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BIDS RELATING TO COMMODITIES GROWN, PROCESSED OR MANUFACTURED WITHIN THIS STATE SHALL BE GIVEN PREFERENCE IF THE PRICE IN SUCH BIDS ARE NOT MORE THAN 10% GREATER THAT THE LOWEST AND BEST BIDDER; 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) (a) Whenever two (2) or more competitive bids are received, and one or more * * * relates to commodities grown, processed or manufactured within this state, the bids relating to commodities grown, processed or manufactured within this state shall be given preference if:

(i) The prices in received bids that relate to the commodities grown, processed or manufactured in this state are not more than ten percent (10%) greater than the lowest and best bidder; and

(ii) All other things stated in such received bids are equal with respect to * * * quality and service * * *.

(b) A * * * 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.

(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 economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.