DTMB PROCUREMENT: FOIA EXEMPTIONS                                                   S.B. 69 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                                  ON THIRD READING

Senate Bill 69 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor:  Senator Rick Jones

Committee:  Government Operations

CONTENT

The bill would amend the Management and Budget Act to provide that the following records, which are related to purchasing and contracting by the Department of Technology, Management, and Budget, would be exempt from disclosure under the Freedom of Information Act:

-- A bid, quote, or proposal submitted in connection with the authority granted under Section 261 of the Management and Budget Act, and records created in the preparation for and evaluation of the bid, quote, or proposal until the time of final notification of award of the contract.

-- Records containing a trade secret as defined in the Uniform Trade Secrets Act, or financial or proprietary information submitted in connection with the authority granted under Section 261.

Section 261 of the Management and Budget Act requires the Department to provide for the purchase of, the contracting for, and the provision of supplies, materials, services, insurance, utilities, third party financing, equipment, printing, and all other items needed by State agencies for which the Legislature has not expressly provided otherwise. Section 261 requires the Department to use competitive solicitation for all purchases authorized under the Act unless specific conditions apply; give preference to products made or services offered by Michigan-based firms; and, in awarding contracts, give preference to qualified disabled veterans,. The Department may delegate its procurement authority to other State agencies within dollar limitations and for designated types of procurements.

MCL 18.1261                                                             Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  2-14-17                                                    Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.