PIERCE J FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2599
I move the following SUBSTITUTE amendment to the GOVERNMENT Committee Amendment to
HOUSE BILL 2599 (Reference to printed bill)
Page 4, line 15, after the third "or" insert "potentially"
Line 16, after "beginning" strike remainder of line; strike lines 17 through 20, insert "on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins. An agency as defined in section 41‑1001, including the office of the governor, shall inform its employees when the first nondisclosure agreement is signed on a particular solicitation, and the agency shall notify the state procurement administrator who shall post information regarding the date of the first nondisclosure agreement pertaining to a particular procurement activity on the department of administration's website."
Page 6, line 33, after "state" insert a period and strike remainder of line; strike line 34
Line 35, after the second quotation mark, insert ":
(a)"
Line 36, after "legislator" strike remainder of line; strike line 37; line 38, strike "employee or a school district governing board member"
Line 41, strike "Lobbying" insert "(b)"
Line 42, after "includes" insert ", For a person who is otherwise required to be registered as a lobbyist for compensation pursuant to this article,"
Line 44, strike "Lobbying" insert "(c)"
Line 45, strike "(a)" insert "(i)"
Page 7, line 1, strike "(b)" insert "(ii)"
Page 7, line 5, strike "(c)" insert "(iii)"
Line 9, strike "(d)" insert "(iv)"
Line 21, after the period strike remainder of line; strike lines 22 and 23
Between lines 37 and 38, insert:
"17. "Procurement" has the same meaning prescribed in section 41-2503."
Renumber to conform
Page 19, line 31, strike "utilizes"
Page 21, line 16, after "position" insert "or have employment discussions"
Line 17, after "or" insert "potentially"; after "beginning" strike remainder of line; strike lines 18 and 19, insert "on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the"
Line 24, after the second "or" insert "potentially"
Line 26, after "beginning" strike remainder of line; strike lines 27 and 28, insert "on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the procurement officer or"
Line 30, after the second "or" insert "potentially"
Line 33, after "beginning" strike remainder of line; strike lines 34 and 35, insert "on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the"
Strike lines 38 through 40, insert:
"D. In response to a written request from an employee seeking clarification on whether the employee has played a significant role in a procurement, the director shall issue a determination in writing within fifteen days after receiving the request. The director may make a determination in writing that this section and section 41‑753, subsection D do not apply if a particular solicitation, sole source procurement or competition impracticable procurement has been canceled or is associated with the privatization of existing state services that would result in the elimination of the position in state service of an employee with a significant procurement role. The director may delegate the authority to make determinations pursuant to this subsection to a director of a state agency. An agency director or agency deputy director may request a determination from the office of the governor regarding whether the agency director or agency deputy director PLAYED a significant role in a PARTICULAR procurement for the purposes of the one-year employment restriction, and the office of the governor shall make a determination within thirty days after the receipt of the written request.
E. It is unlawful for a procurement officer or an employee who was previously employed by a person or firm responding to a solicitation to serve in a significant procurement role for a period of one year following the person's previous employment.
F. On signature of a nondisclosure agreement pertaining to a particular solicitation, or at the time of a request for a sole source or competition impracticable procurement, a procurement officer or an employee having a significant role in the procurement shall provide written disclosure of any financial interest the officer or employee, or the spouse of the officer or employee, may hold."
Reletter to conform
Page 22, line 20, after the period strike remainder of line; strike lines 21 through 29, insert "The notice may include publication one or more times in a newspaper of general circulation a reasonable time before bid opening. If the invitation for bids is for the procurement of services other than those described in sections 41‑2513, 41‑2578, 41‑2579 and 41‑2581, the notice shall include publication in a single newspaper or in multiple newspapers within this state. The publication shall be not less than two weeks before bid opening and shall be circulated within the affected governmental jurisdiction. The notice may also be posted at a designated site on a worldwide public network of interconnected computers."
Page 26, between lines 12 and 13, insert:
"Sec. 23. Section 41-2611, Arizona Revised Statutes, is amended to read:
41-2611. Rules of procedure
A. The director may adopt rules of procedure providing for the expeditious administrative review of all contract claims or controversies both before the purchasing agency and through an appeal heard before the director in accordance with chapter 6, article 10 of this title.
B. For the purposes of an expeditious administrative process, the director shall render a decision on an appeal to the director within forty‑two days after the date the agency report or comments on the agency report, if applicable, are filed with the director. On agreement of all interested parties, the director may be granted an additional FOURTEEN days to issue a DECISION. If the director fails to issue a decision within the time period prescribed in this subsection, the director shall refer the appeal to a hearing in accordance with chapter 6, article 10 of this title."
Renumber to conform
Page 26, line 38, after "501(c)(6)" insert "or under section 115, if created by two or more local public procurement units,"
Page 27, line 32, after "rules" insert "for cooperative purchasing"
Amend title to conform
Justin Pierce |