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H0741aa............................................by ENVIRONMENTAL AFFAIRS
PURCHASING - RECYCLED PRODUCTS - Amends existing law to provide a recycled
product preference in purchasing by the state and its political
subdivisions.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Env Aff
02/27 Rpt out - to Gen Ord
03/02 Returned to Env Aff
03/05 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 46-15-9
AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Boe, Callister,
Chase, Clark, Crane, Cuddy, Deal, Field(13), Gould, Hadley, Hansen,
Henbest, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Mader, Marley, Meyer,
Miller, Newcomb, Pomeroy, Reynolds, Robison, Schaefer, Stoicheff,
Stone, Taylor, Tilman, Tippets, Trail, Watson, Zimmermann, Mr Speaker
NAYS -- Barrett, Black(23), Campbell, Denney, Gagner, Geddes,
Hornbeck, Loertscher, Pischner, Richman, Ridinger, Sali, Stevenson,
Wheeler, Wood
Absent and excused -- Alltus, Bruneel, Crow, Ellsworth, Field(20),
Jones(9), McKague, Mortensen, Stubbs
Floor Sponsor - Miller
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Loc Gov
H0741|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 741, As Amended BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE PURCHASING LAW; AMENDING SECTION 67-5716, IDAHO CODE, TO 3 PROVIDE ADDITIONAL DEFINITIONS AND TO MAKE A TECHNICAL CORRECTION; AND 4 AMENDING SECTION 67-5717, IDAHO CODE, TO PROVIDE A PURCHASING PREFERENCE 5 FOR RECYCLED PRODUCTS; AND AMENDING SECTION 67-2349, IDAHO CODE, TO PRO- 6 VIDE A PURCHASING PREFERENCE FOR RECYCLED PRODUCTS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5716, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5716. DEFINITIONS OF TERMS. (1) Acquisition. The process of procuring 11 or purchasing property by the state of Idaho. 12 (2) Procurement. Obtaining property for state use by lease, rent, or any 13 manner other than by purchase or gift. 14 (3) Property. Goods, services, parts, supplies and equipment, both tangi- 15 ble and intangible, including, but nonexclusively, designs, plans, programs, 16 systems, techniques and any rights and interests in such property. 17 (4) Goods. Items of personal property, not qualifying as equipment, parts 18 or supplies. 19 (5) Services. Personal services, in excess of personnel regularly 20 employed for whatever duration and/or covered by personnel system standards, 21 for which bidding is not prohibited or made impractical by statute, rules or 22 generally accepted ethical practices. 23 (6) Parts. Items of personal property acquired for repair or replacement 24 of unserviceable existing items. 25 (7) Supplies. Items of personal property having an expendable quality or 26 during its normal use is consumed and which requires or suggests acquisition 27 in bulk. 28 (8) Equipment. Items of personal property which have a normal useful life 29 expectancy of two (2) or more years. 30 (9) Component. An item of property normally assembled with other items 31 into a unified productive whole at the site of use, which items belong to 32 functional classes that may be interchangeable units of similar function but 33 differing operational or productive capabilities. 34 (10) Vendor. A person or entity capable of supplying property to the 35 state. 36 (11) Bidder. A registered vendor who has submitted a bid on a specific 37 item or items of property to be acquired by the state. 38 (12) Lowest responsible bidder. The responsible bidder whose bid reflects 39 the lowest acquisition price to be paid by the state; except that when speci- 40 fications are valued or comparative performance examinations are conducted, 41 the results of such examinations and the relative score of valued specifica- 42 tions will be weighed, as set out in the specifications, in determining the 43 lowest acquisition price. 2 1 (13) Contractor. A bidder who has been awarded an acquisition contract. 2 (14) Registered vendor. A qualified vendor registered with the administra- 3 tor of the division of purchasing. 4 (15) Agency. All officers, departments, divisions, bureaus, boards, com- 5 missions and institutions of the state, including the public utilities commis- 6 sion, but excluding other legislative and judicial branches of government, and 7 excluding the governor, thelieutenant-governorlieutenant 8 governor , the secretary of state, the state controller, the state trea- 9 surer, the attorney general, and the superintendent of public instruction. 10 (16) Bid. A written offer to perform a contract to purchase or supply 11 property or services in response to an invitation for bid or request for pro- 12 posal. 13 (17) Recyclable. Materials that still have useful physical, chemical 14 or biological properties after serving their original purposes and can, there- 15 fore, be reasonably reused or recycled for the same or other purposes. 16 (18) Recycled-content product. A product containing postconsumer waste 17 and/or secondary waste as defined in this section. 18 (19) Postconsumer waste. A finished material which would normally be dis- 19 posed of as a solid waste, having completed its life cycle as a consumer item. 20 (20) Secondary waste. Fragments of products or finished products of a man- 21 ufacturing process, which has converted a virgin resource into a commodity of 22 real economic value and may include a postconsumer waste. 23 SECTION 2. That Section 67-5717, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-5717. POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF PUR- 26 CHASING. The administrator of the division of purchasing: 27 (1) Shall acquire, according to the provisions of this chapter, all prop- 28 erty for state agencies; 29 (2) Shall acquire all property, unless excepted, by competitive bid, and 30 shall specifically require competitive bids for property to be rented, leased 31 or purchased through a deferred payment plan; 32 (3) Shall determine, based upon the requirements contained in the speci- 33 fication and matter relating to responsibility, the lowest responsible bidder 34 in all competitively bid acquisition contracts; 35 (4) Shall enter into all contracts and agreements, and any modifications 36 thereto, for the acquisition of any and all property in behalf of and in the 37 name of the state; 38 (5) Shall, when economically feasible and practical, consolidate requisi- 39 tions and acquire property in amounts as large as can be efficiently managed 40 and controlled; 41 (6) In the evaluation of product bids, those items that meet the 42 recycled content standards as specified by the administrator may be given a 43 five percent (5%) purchasing preference. As such, those qualifying products 44 may be considered to cost five percent (5%) less when choosing the lowest 45 responsible bidder; 46 (7) May appoint a deputy, who shall have power to act for him and 47 in his place while absent, which deputy shall be bonded to the state of Idaho 48 as prescribed by chapter 8, title 59, Idaho Code; 49 (78 ) May require from any contractor the sub- 50 mission of a performance bond for such sum as will, in the opinion of the 51 administrator, guarantee the faithful performance of such contract, and the 52 amount and requirement therefor shall be set out in the specifications; 53 (89 ) May enter into open contracts for the 3 1 acquisition of property commonly used by the various agencies, based upon 2 actual or estimated requirements; 3 Unless an acquiring agency can show a substantial difference between the 4 required capabilities and the capabilities provided by such property available 5 on open contract, all agencies must utilize such property available on such 6 contracts and failure to comply with this provision will subject the officers 7 responsible for the acquisition to the penalties set forth in this chapter; 8 (910 ) May enter into contracts, including leases 9 and rentals, for periods of time exceeding one (1) year provided that such 10 contracts contain no penalty to or restriction upon the state in the event 11 cancellation is necessitated by a lack of financing for any such contract or 12 contracts; 13 (101 ) Is authorized and empowered to formulate 14 rules in the conduct of the office of the division of purchasing, subject to 15 the approval of the director of the department of administration; 16 (112 ) In accordance with established rules of 17 the division, may accept competitive sealed proposals and enter into negotia- 18 tions for acquisitions for which competitive sealed bidding is not practicable 19 or advantageous to the state; 20 (123 ) May inspect property delivered by a con- 21 tractor to determine whether it meets minimum bid specifications; 22 (134 ) May classify, after review with the vari- 23 ous agencies, the requirements of the state for all property which may be 24 acquired and adopt standards of quality for property, and establish standard 25 specifications for acquisition. Each standard specification shall, until 26 revised or rescinded, apply alike in terms and effect to each future acquisi- 27 tion of the classified property. 28 SECTION 3. That Section 67-2349, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 67-2349. PREFERENCE FOR IDAHO SUPPLIERS AND RECYCLED PRODUCTS 31 FOR PURCHASES. (1) To the extent permitted by federal laws 32 and regulations, whenever the state of Idaho, or any department, division, 33 bureau or agency thereof, or any city, county, school district, irrigation 34 district, drainage district, sewer district, highway district, good road dis- 35 trict, fire district, flood district, or other public body, shall let for bid 36 any contract for purchase of any materials, supplies or equipment, the bidder 37 domiciled outside the boundaries of Idaho shall be required, in order to be 38 successful, to submit a bid the same percent less than the lowest bid submit- 39 ted by a responsible bidder domiciled in Idaho as would be required for such 40 an Idaho domiciled bidder to succeed over the bidder domiciled outside Idaho 41 on a like contract being let in his domiciliary state. 42 For the purposes of this section, any bidder domiciled outside the bound- 43 aries of the state of Idaho may be considered as an Idaho domiciled bidder, 44 provided that there exists for a period of one (1) year preceding the date of 45 the bid a significant Idaho economic presence as defined herein. A significant 46 economic presence shall consist of the following: 47 (a) That the bidder maintain in Idaho fully staffed offices, or fully 48 staffed sales offices or divisions, or fully staffed sales outlets, or 49 manufacturing facilities, or warehouses or other necessary related prop- 50 erty; and 51 (b) If a corporation be registered and licensed to do business in the 52 state of Idaho with the office of the secretary of state. 53 (2) In the evaluation of product bids, those items that meet recy- 4 1 cled content standards may be given not more than a five percent (5%) purchas- 2 ing preference. As such, those qualifying products may be considered to cost 3 five percent (5%) less when choosing the lowest responsible bidder.
STATEMENT OF PURPOSE
RS07923
This legislation amends Section 67-5716, Section 67-5717, and Section 67-2349 of the Idaho
Code to allow a 10% purchasing preference for recycled-content material.
FISCAL NOTE
As this
is an optional program, there will be no impact for agencies that choose not to implement the
purchasing preference. For those that do, the increase in costs to Central Purchasing
could be 10% or less. Because most recycled-content materials
will be less than 10% of their virgin equivalents, the anticipated fiscal impact could be
proportionately less.
CONTACT: Reps. Maynard Miller and Tom Trail
Phone 332-1000
Senator Gary Schroeder
Phone 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H 741