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Legislative Year: 2022 Change

Bill Detail: SB22-163

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Title Establish State Procurement Equity Program
Status Governor Signed (06/08/2022)
Bill Subjects
  • State Government
House Sponsors N. Ricks (D)
Senate Sponsors J. Coleman (D)
C. Kolker (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee Business, Labor and Technology
Date Introduced 03/21/2022

The bill establishes the state procurement equity program
(program) in the department of personnel and administration (department)
for the purpose of eliminating disparities, including the substantial
disparities identified in the state disparity study report prepared as
required by Senate Bill 19-135, between the availability of historically
underutilized businesses and the utilization of such businesses in state

For preliminary implementation of the program, the department,
in line with recommendations made in the state disparity study report, is
required to:
  • Coordinate with the procurement technical assistance
center to increase the number of historically underutilized
businesses that have the registrations and certifications
required to be eligible to apply for and positioned to
compete for all state procurement opportunities that they
are capable of performing and the number of opportunities
available for such businesses;
  • Provide solicitation assistance, defined by the bill as the
provision of real-time responses to questions asked by
potential contractors who seek guidance as to how best to
respond to solicitations for state contracts, including
guidance regarding availability of opportunities,
interpretation of solicitation documents, and solicitation
response procedures and best practices; and
  • Create a bond assistance program to help historically
underutilized businesses to offset all or a portion of the cost
of obtaining a surety bond that is required for a solicitation
for a state procurement opportunity. The bill transfers $2
million from the general fund to a newly created bond
assistance program cash fund, and the fund is continuously
appropriated to the department to implement the bond
assistance program.
The department is also required to convene and engage in robust
consultation with a stakeholder group consisting of government
employees with procurement expertise, an employee of the procurement
technical assistance center, owners or high-ranking employees of various
types of historically underutilized businesses, and owners or high-ranking
employees of businesses that are not historically underutilized businesses
but have a demonstrable record of successful engagement and contracting
with small businesses and have competed for or been awarded state
contracts. The stakeholder group also includes any other individuals who
have a demonstrable commitment to furthering equity in government
procurement and substantial knowledge of procurement equity best
practices who the department deems necessary or appropriate to include.
The stakeholder group is required to:
  • Closely examine the findings, conclusions, and
recommendations in the state disparity study report;
  • Using the information in the state disparity study report as
a baseline for studying procurement equity programs in
other states and at the federal and large local government
level, identify best practices for successful program
implementation and administration; and
  • No later than November 1, 2022, present to the department
a report of specific policy recommendations that includes,
at a minimum:
  • Prioritization of the recommendations in the state
disparity study report;
  • A preliminary estimate of the amount of initial and
ongoing funding, personnel, information technology
resources, and other resources needed to implement
the policy recommendations in accordance with
identified best practices;
  • A step-by-step timeline for full implementation of
the program;
  • Suggested methodologies and metrics for evaluating
the success of the program and ensuring program
accountability on both the state agency and prime
contractor sides; and
  • Identification of any public or private sources of
funding or other resources that may be available to
expedite the implementation or ongoing
administration of the program and reduce costs to
the state.
The department is required to report on its preliminary
implementation of the program, the progress and policy recommendations
of the stakeholder group, the preliminary plans and recommendations of
the department regarding full implementation of the program, and any
recommendations that the department has regarding the need for related
legislation during its 2023 annual presentation to legislative oversight
committees required by the State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (04/29/2022) (most recent)  
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