Private companies would be able to get their foot in the door of state procurements more easily under a bill passed by a legislative committee Wednesday.
HB426 would allow private entities to submit proposals for products or services to the state Department of Technology Services or the Board of Education without those agencies issuing a request for proposals.
"We're just starting with these two departments," the bill's sponsor, Rep. Kevin Garn, R-Layton, told the House Business and Labor Committee. "If we're successful, we'd like to go systemwide with this."
Garn said the bill establishes a process "that will encourage the private sector to bring proposals to develop, operate or provide products and services to departments in a more timely, more efficient or less costly fashion."
The bill calls for a committee — composed of members of the Governor's Office of Economic Development Board — and affected departments to review initial proposals. The original entity and any other private entity then would be able to submit detailed proposals, which could develop into a project agreement.
"It's a new concept. I believe that it's going to bring a lot of efficiency into state government as we allow the private sector to look into state government and see if they can find ways to improve our efficiency," Garn said.
Jerry Oldroyd, an attorney representing several companies, said the goal is not to replace the existing procurement system. "That's never been the intent," he said. "It's an add-on. It's where somebody from the private sector can submit an unsolicited proposal and have it evaluated fairly, have it reviewed and if it makes sense to the state, it can be implemented."
Joel Campbell, representing the Utah Press Association, expressed concern about elements of the process being exempt from the Government Records Access and Management Act and open-meetings laws.
"The secrecy does give a possibility for an open door for abuse," Campbell told the committee. "Could there be elected officials or others that ask a company that's a buddy of theirs to get in this process? Is there a way to check at least who's been bidding? I don't want all the company financial records. I just want to know who they've been talking to, who they've been considering."
"That's reasonable," the committee's chairman, Rep. Stephen Clark, R-Provo, replied.
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