Relates to the procurement process of homeland security goods and services for state and local government

Title of bill

An act relating to the procurement process of homeland security related goods and services and providing for the repeal of such provisions upon expiration thereof

Purpose

This bill would expedite the procurement process for homeland security goods and services by, exempting from the State Comptroller's pre-audit process, homeland security purchases made by state and local units of government that are paid for or reimbursed by federal funds awarded by the U.S. Department of Homeland Security.

Summary of specific provisions

This bill would amend the unconsolidated laws to exempt Homeland Security purchases, made by the state and local governments, from the State Comptroller's pre-audit process, when such purchases are paid for, or are reimbursed by, federal funds awarded by the U.S. Department of Homeland Security.

In order to qualify for this exemption, such purchases must be made, from the approved expenditure list as outlined in the federal grant guidance, and be made subject to the approval of the state administrative agency administering the federal homeland security funds.

State or local units of government making homeland security purchases must submit for the procurement record a statement of justification that articulates the form, function and utility of the contract selected, and an indication as to why such contract is a best value for the state.

All such procurement records are subject to both state and federal audit. Homeland security procurement contracts may be exempt from advertising in the procurement opportunities newsletter providing that homeland security procurement contract solicitations be conspicuously advertised on either the requisite state agency website or the office of general services website.

Justification

A Task Force assembled by the U.S. Department of Homeland Security to analyze the federal funding process has issued a variety of recommendations on what can be done to improve the flow of homeland security funds and to expedite the purchase of homeland security goods and services.

One such recommendation is to alter state and local procurement procedures so that federal homeland security funds can be used in a more timely fashion.

The State Comptroller's pre-audit of homeland security purchases made with federal funds only serves to slow the procurement process as approval often takes several months.

Federal homeland security funds are already subject to substantial pre-purchase screening, internal controls and regular reporting requirements to the federal government. In addition, all funds are subject to traditional post purchase audit by the State Comptroller, the U.S. Department of Homeland Security and the Government Accountability Office. This bill seeks to remove an administrative obstacle and empower state and local homeland security officials to quickly purchase the equipment, goods and services needed to prevent, prepare for and respond to acts of terrorism or disasters.

Prior legislative history

2008 - S.3639 - Referred to the Standing Committee on Veterans, Homeland Security and Military Affairs.

Fiscal implications

None Noted.

Effective date

This act would take effect immediately.