February 1, 2005, Introduced by Reps. Wojno, Byrnes, Accavitti, Sheltrown, Gonzales, Sak, Miller, Gleason, Gaffney and Plakas 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 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.
(8) Beginning January 1, 2005, and each year after 2005, the
department shall report to each house of the legislature on the
amount of goods and services purchased by all state agencies in the
immediately preceding fiscal year that were purchased from an
expatriated business and the amount of goods and services purchased
by all state agencies in the immediately preceding fiscal year that
were manufactured or provided by an individual who is not a citizen
of the United States, a legal resident alien of the United States,
or an individual who holds a valid visa of the United States.
(9) As used in subsection (8):
(a) "Expatriated business" means a corporation or an affiliate
of the corporation that is incorporated in a tax haven country
after December 31, 2001, but the United States is the principal
market for the public trading of the corporation's stock, as
determined by the director.
(b) "Tax haven country" means each of the following: Barbados,
Bermuda, British Virgin Islands, Cayman Islands, Commonwealth of
the Bahamas, Cyprus, Gibraltar, Isle of Man, the Principality of
Liechtenstein, the Principality of Monaco, and the Republic of the
Seychelles.