Multiple Award Schedule Contracts Act

Multiple Award Schedule Contracts Act

Summary

This Act allows state contracts to be awarded via Multiple Award Schedule (MAS) contracts. MAS contracts provide state agencies the freedom to evaluate vendors based upon a variety of factors including: discounts, total lifecycle costs, service, warranty, distribution channels, and past vendor performance. MAS contracts allow multiple vendors to compete and be awarded a contract based upon the value of their products or services and result in competitive pricing, transparency, administrative savings, expedited procurement, and flexibility for state purchasers.

Model Policy

{Title, enacting clause, etc.}

Section 1. {Title}

This Act may be cited as the “Multiple Award Schedule Contracts Act”

Section 2. {Definitions} The following definitions apply in this section:

(A) “Communications equipment:” mobile communications systems, desktop communications systems, base and repeater communications systems, gateway devices, audio switch units, radio routers, microwave radios, microwave antennae, Ethernet switches, wireless access points, or equivalent products and attachments.

(B) “Construction equipment:” excavators, wheel excavators, track loaders, compact track loaders, wheel loaders, skid steer loaders, backhoe loaders, crawler dozers, crawler loaders, wheel dozers, motor graders, utility cranes, compactors, and appropriate attachments, or equivalent products and attachments.

(C) “Forestry equipment:” feller bunchers, knuckleboom loaders, forestry swing machines, harvesters, and appropriate attachments, or equivalent products and attachments.

(D) “Ground maintenance equipment:” hand-held equipment, walk-behind products, lawn tractors, lawn and garden tractors, commercial walk-behind mowers, zero turn radius mowers, front mowers, compact utility tractors, utility tractors, utility vehicles, golf and turf equipment, agricultural tractors and implements, and appropriate attachments, or equivalent products and attachments.

(E) “Multiple award schedule contract:” a contract that allows multiple vendors to be awarded a State contract for goods or services by providing their total catalogues for lines of equipment and attachments to eligible purchasers, including State agencies, departments, institutions, public school districts, political subdivisions, community colleges, and constituent institutions of [insert state universities.]

Section 3. {Legislative Intent}

(A) The intent of multiple award schedule contracts is to evaluate vendors based upon a variety of factors, including discounts, total lifecycle costs, service, warranty, distribution channel, and past vendor performance. Multiple award schedule contracts allow multiple vendors to compete and be awarded a contract based upon the value of their products or services and result in competitive pricing, transparency, administrative savings, expedited procurement, and flexibility for State purchasers.

(B) The acquisition of ground maintenance equipment, construction equipment, communications equipment, and forestry equipment shall be conducted using multiple award schedule contracts, except as provided in this section. Not later than [insert date here], the Department of [Administration] shall issue requests for proposals for multiple award schedule contracts for all ground maintenance equipment product categories, construction equipment product categories, communications equipment product categories, and forestry equipment product categories. Contracts awarded under this subsection shall be for a term of not less than three years with annual product and pricing update periods.

(C) Any contract awarded under subsection (B) of this section shall be in addition to any existing term contracts for ground maintenance equipment, construction equipment, communications equipment, and forestry equipment. Nothing in this section shall limit the ability of the Department of [Administration] to issue additional term contracts for the specific purchase of equipment otherwise available through a multiple award schedule contract. The Department of [Crime Control and Public Safety] shall not be required to purchase from contracts awarded under subsection (B) of this section for communications equipment.

Section 4. {Severability Clause}

Section 5. {Repealer Clause}

Section 6. {Effective Date}

 

 Approved by ALEC Board of Directors on September 19, 2010.

Keyword Tags: Commerce Insurance and Economic Development Task Force, Competition, Procurement