03/17/1993 09:10 AM Senate STA

  SENATOR LEMAN announced SB 129  (POWERS OF CHIEF PROCUREMENT                 
  OFFICER) to be up for consideration.                                         
                                                                               
  SENATOR MILLER moved to adopt CSSB  129(STA).  There were no                 
  objections and it was so ordered.                                            
                                                                               
  MR.  WELKER  again   testified.    He  said   the  committee                 
  substitute   deletes   a   blanket  reference   saying   the                 
  responsibilities of the chief procurement officer may not be                 
  delegated, because  there are certain  responsibilities that                 
  are  appropriate to delegate.   Section 3  provides for some                 
                                                                               
                                                                               
  professional services  to fall  under the small  procurement                 
  statutes  as  do  other  types  of  purchases.    Section  5                 
  distinguishes emergency procurements  from others.  Sections                 
  7, 8, 9, and 10 were recommended by the Administration.                      
                                                                               
  SENATOR RANDY PHILLIPS  explained Section  4 allows for  the                 
  delegation   of   authority   for   small  procurements   of                 
  professional services.                                                       
                                                                               
  Number 168                                                                   
                                                                               
  DUGAN PETTY,  Director, Division  of General  Services, said                 
  currently the statute prohibits a cost plus a percentage  of                 
  cost contract.  They want that to continue, but he still had                 
  three areas of concern with this bill.  First, the salary of                 
  the  Chief Procurement Officer  should be  commensurate with                 
  the  duties  of  his  position.    If  the   duties  changed                 
  significantly, the range may very well increase.                             
                                                                               
  Second,  in Section  5, the emergency  procurements section,                 
  they  propose  language   saying,  "except  when  there   is                 
  insufficient time  for the Chief Procurement Officer's prior                 
  determination."                                                              
                                                                               
  An independent examination  of material  facts should be  at                 
  the discretion of the Chief Procurement Officer was the last                 
  change MR. PETTY offered.                                                    
                                                                               
  MR. WELKER said setting the salary in statute would make the                 
  position more independent from political  whim.  The purpose                 
  behind  requiring an  independent determination  was to  add                 
  some accountability to the position of the Chief Procurement                 
  Officer.                                                                     
                                                                               
  SENATOR TAYLOR moved  to pass  CSSB 129(STA) from  committee                 
  with individual recommendations.   There were no  objections                 
  and it was so ordered.