February 17, 2005, Introduced by Reps. Hildenbrand, Lemmons, III, Espinoza, Taub, Vander Veen, Pearce and Hansen and referred to the Committee on Government Operations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 261. (1) The department shall provide for the purchase
of, the contracting for, and the providing of supplies, materials,
services, insurance, utilities, third party financing, equipment,
printing, and all other items as needed by state agencies for which
the legislature has not otherwise expressly provided. In all
purchases made by the department, all other things being equal,
preference shall be given to products manufactured or services
offered by Michigan-based firms if the price of the products or
services is not more than 110% of the price of the products or
services offered by firms that are not Michigan-based firms, if
consistent with federal statutes. The department shall solicit
competitive bids from the private sector whenever practicable to
efficiently and effectively meet the state's needs. The department
shall first determine that competitive solicitation of bids in the
private sector is not appropriate before it shall use any other
procurement method for an acquisition.
(2) The department shall make all discretionary decisions
concerning the solicitation, award, amendment, cancellation, and
appeal of state contracts.
(3) The department shall utilize competitive bidding for all
purchases authorized pursuant to subsection (1) unless the
department has determined that another procurement method is in the
state's best interests.
(4) The department may delegate its procurement authority to
other state agencies within dollar limitations and for designated
types of procurements. The department may withdraw delegated
authority upon a finding that a state agency did not comply with
departmental procurement directives.
(5) The department may enter into lease purchases or
installment purchases for periods not exceeding the anticipated
useful life of the items purchased unless otherwise prohibited by
law.
(6) The department shall issue directives for the procurement,
receipt, inspection, and storage of supplies, materials, and
equipment, and for printing and services needed by state agencies.
The department shall provide standard specifications and standards
of performance applicable to purchases.
(7) The department may enter into a cooperative purchasing
agreement with 1 or more other states or public entities for the
purchase of goods, including, but not limited to, recycled goods,
and services necessary for state programs.