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Subchapter 001: GENERAL PROVISIONS
§ 901. Repealed. 1987, No. 243 (Adj. Sess.), § 37, eff. June 13, 1988.
§ 902. Duties of Commissioner of Buildings and General Services
(a) The Commissioner of Buildings and General Services shall contract for and make all
purchases, including all fuel, supplies, materials, equipment, for all departments,
offices, institutions, and other agencies of the State and counties. However, he or
she may delegate authority to those governmental agencies to purchase directly individually
approved types and classes of items when the interests of the State are best served
thereby. He or she shall also contract for and purchase materials for the repair and
for the construction and equipment of new buildings to be erected by the State, unless
otherwise provided. He or she may purchase such supplies, materials, and equipment
as are requisitioned by the supervisors of the natural resources conservation districts.
He or she may also cooperate with and advise officials of any political subdivision
of the State or any institution of higher education chartered in Vermont and accredited
or holding a certificate of approval from the State Board of Education in their purchase
of any of the supplies, materials, and equipment needed by the political subdivision
or institution of higher education, and may act as the agent of the political subdivision
at the request of the authorized officials or agent thereof in the purchase of supplies,
materials, and equipment.
(b) [Repealed.]
(c) The Commissioner of Buildings and General Services may establish, in consultation
with the heads of the governmental agencies, quality standards for all items specified
in subsection (a) of this section.
(d) The Commissioner of Buildings and General Services may prescribe forms to be used
in all purchasing, warehousing, and inventory functions set forth in this section;
and when he or she so prescribes, the forms shall be used by all departments and agencies
affected by this section.
(e) [Repealed.]
(f) The Commissioner of Buildings and General Services may also:
(1) establish and supervise inventory methods to be used by all government agencies;
(2) [Repealed.]
(3) maintain and operate the office supply service;
(4) receive, warehouse, manage, and distribute all State property and commodities, except
alcoholic beverages purchased by the Board of Liquor and Lottery; and all surplus
federal property and commodities;
(5) maintain central inventory of all State property and equipment other than lands and
buildings; and
(6) maintain and operate the State’s Fleet Management System.
(g) The Commissioner of Buildings and General Services may establish substitute practices
and exceptions from practices in requisitioning and purchasing that do not violate
the spirit and intent of the general procedures; and he or she may direct, subject
to the right of appeal by the head of the governmental agency to the Governor, the
purchase of specified items to be made under the substitute practices and exceptions
from practices.
(h) The Commissioner of Buildings and General Services may employ a standards and specifications
engineer who shall under the supervision and direction of the Commissioner of Buildings
and General Services:
(1) develop standards;
(2) assist the buyers and requisitioning agencies in formulating specifications;
(3) work on the continued expansion of the testing program;
(4) cooperate with departments and other agencies in the improvement of inspection practices;
(5) perform such other duties relative to the duties of the Commissioner of Buildings
and General Services as the Commissioner of Buildings and General Services may direct.
(i) Notwithstanding subsection (a) of this section, all alcoholic beverages sold by the
Board of Liquor and Lottery shall be purchased by the Board as set forth in 7 V.S.A. §§ 104 and 107. (Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31, § 1; 1963, No. 79, § 1(b), eff. May 7, 1963; 1965, No. 125, § 16, eff. July 2, 1965; 1967, No. 303 (Adj. Sess.), § 15(b); 1987, No. 243 (Adj. Sess.), § 38, eff. June 13, 1988; 1991, No. 87, § 3; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2005, No. 147 (Adj. Sess.), § 29, eff. May 15, 2006; 2013, No. 50, § E.101.8; 2017, No. 83, § 158; 2018, No. 1 (Sp. Sess.), § 88.)
§ 903. Requisition for supplies and materials
(a) When any governmental agency is in need of any of the items mentioned in this chapter,
the responsible officer thereof shall requisition therefor upon the Commissioner of
Buildings and General Services, and the Commissioner of Buildings and General Services
shall purchase the items by either advertising for bids or by letters of inquiry and
the contract for those items shall be awarded to the person whose bid or quotation
is in the best interests of the State. Subject to the provisions of subsections (b)
and (c) of this section, the Commissioner of Buildings and General Services may reject
any or all bids or quotations and with the approval of the Secretary of Administration,
procure items in such manner as may be in the best interests of the State.
(b) When purchasing any items mentioned in this chapter, the Commissioner of Buildings
and General Services, in any determination of the best interests of the State shall
consider (1) specified quality; (2) price; (3) ease of access of supply; (4) incidental
administrative costs; (5) proven reliability of bidder; (6) use of recycled materials
or products; (7) minimizing the creation, by the State, of solid waste; (8) the extent
to which the usage of the item involves the generation of pollutants; (9) life cycle
costs, if required under the State Agency Energy Plan, as implemented; (10) the interests
of the State relating to the proximity of the supplier and the costs of transportation,
and relating to the economy of the State and the need to maintain and create jobs
in the State; and (11) the use of railroads and the increased revenues returning to
the State from its railroad leasing program. The Commissioner, in the Commissioner’s
discretion, may spend up to 10 percent more for comparable products that are made
of recycled materials. If products made of recycled materials are to cost more than
10 percent more than comparable products, the Commissioner shall receive consent of
State entities that are to use the product, before completing the order for the materials
in question.
(c) Whenever any business or industry located in Vermont and employing citizens of this
State has submitted a bid and the item has not been purchased from them, the Commissioner
of Buildings and General Services shall record his or her reason for assigning the
order as he or she did and his or her report shall be a public record available to
any interested person. All bids or quotations shall be kept on file in his or her
office and open to public inspection.
(d) The Commissioner of Buildings and General Services, with the assistance of all State
agencies, shall cooperate with the generators and managers of waste materials which
may be recycled and with the producers of products which use recycled materials to
maximize the State’s use of those materials and products, particularly where the added
cost of using waste materials rather than virgin materials is less than the cost avoided
by not having that waste in the waste stream. Proceeds from the sale of waste materials
collected by the Department of Buildings and General Services shall be credited to
a special fund and shall be available to the Department to offset the cost of recycling
efforts. The goal for the purchase of recycled materials shall be at least 40 percent
by the end of 2008. For purposes of this section, “recycled materials” include recycled
paper products, retreaded automobile tires, re-refined lubricating oil, used automotive
parts, reclaimed solvents, recycled asphalt, recycled concrete, and compost materials.
(e) [Repealed.]
(f) [Repealed.]
(g) The Commissioner of Buildings and General Services, when purchasing or leasing vehicles
for State use, shall, to the maximum extent practicable, purchase or lease hybrid
or plug-in electric vehicles, as defined in 23 V.S.A. § 4(85), but in no instance shall less than 75 percent of the vehicles annually purchased
or leased be hybrid or plug-in electric vehicles. The Commissioner shall, whenever
possible and provided that the vehicles are comparable and meet the State’s needs,
purchase or lease the lowest-cost year of the selected make and model, and only the
latest year model when it is the least expensive. (Added 1959, No. 328 (Adj. Sess.), § 13; amended 1966, No. 9 (Sp. Sess.); 1987, No. 78, §§ 18, 19; 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1987, No. 281 (Adj. Sess.), § 311; 1989, No. 286 (Adj. Sess.), § 8; 1991, No. 75, § 5; 1991, No. 259 (Adj. Sess.), §§ 9, 10; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 183 (Adj. Sess.), § 8, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 4; 2003, No. 121 (Adj. Sess.), § 42, eff. June 8, 2004; 2009, No. 33, § 57; 2013, No. 142 (Adj. Sess.), § 96; 2015, No. 58, § E.100.3, eff. June 11, 2015; 2019, No. 59, § 40; 2019, No. 59, § 41, eff. July 1, 2021.)
§ 903a. Alternative purchasing sources
As an alternative to the procedures set forth in section 903 of this title, the Commissioner may elect to purchase any of the items mentioned in this chapter
through a program established by the federal General Services Administration to supply
federal agencies with supplies and materials, or may choose to participate in cooperative
purchases with other states, provided that the Commissioner first determines that
purchasing through the General Services Administration or cooperative agreements with
other states is in the best interests of the State as provided in subsection 903(b) of this title. (Added 1995, No. 178 (Adj. Sess.), § 298.)
§ 904. Surplus property; acceptance and distribution
The Commissioner of Buildings and General Services or the Commissioner’s designee,
as approved by the Secretary of Administration may apply for and accept in the name
of the State all federal surplus property and commodities, including food commodities
formerly acquired by the Department of Education under former 16 V.S.A. § 205 or the Department of Institutions, under 1945 Acts and Resolves No. 4, as may be
made available to the State, municipalities, and nonprofit private schools by the
federal government or any agency thereof. The Commissioner or designee may distribute
that property to such State departments, institutions and agencies, municipalities,
and nonprofit private schools as may be entitled thereto. (Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31, § 2; 1991, No. 245 (Adj. Sess.), § 19; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)
§ 905. Centralized purchasing of school equipment and supplies
(a) The Commissioner of Buildings and General Services and the Secretary of Education,
or their designees, shall develop and promote a program of centralized purchasing
of equipment and supplies for public schools in Vermont, by which purchases may be
combined in order to obtain volume purchasing discounts and other purchasing benefits.
(b) Establishment of a revolving fund is authorized for the purposes of this section to
be administered by the Commissioner of Buildings and General Services. All expenses
of the program shall be paid out of the revolving fund. Costs shall be prorated according
to rules established by the Commissioner of Buildings and General Services, and charged
to users of the program. At his or her discretion, the Commissioner of Finance and
Management may anticipate receipts to be paid into the fund based upon assurances
from participants in the program and may issue warrants thereon for the purposes of
this section. (Added 1987, No. 14, § 1, eff. April 21, 1987; amended 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 92 (Adj. Sess.), § 282, eff. Feb. 14, 2014.)
§ 906. Stationery and office supplies
(a) The Commissioner of Buildings and General Services shall manage a supply program in
order to ensure the disbursal of equipment for use by State government, including
fleet vehicles, office supplies, stationery, record books, and forms purchased by
the State. The Commissioner shall disburse them upon requisition to all State departments,
institutions and, within limits approved by the Commissioner of Finance and Management,
to county officers whose compensation and expenses are paid by the State or any institution
of higher education chartered in Vermont and accredited or holding a certificate of
approval from the State Board of Education. The form of the requisition shall be prescribed
by the Commissioner of Buildings and General Services.
(b) The Commissioner shall keep an accurate account of all the property and services mentioned
in this section and of its distribution, and shall annually render an account to the
Commissioner of Finance and Management of the distribution of those supplies and services
rendered for the preceding 12 months and an inventory of all supplies on hand, in
such manner and form as shall be approved by the Commissioner of Finance and Management.
(c) The Commissioner shall also maintain a central duplicating section to provide duplicating
services for State departments, institutions, and county officers whose compensation
and expenses are paid by the State, and supply postal services to all State offices
and officers located in central Vermont and in other locations when feasible as determined
by the Commissioner.
(d) [Repealed.]
(e) All operating expenses and services of the central supply section and central duplicating
section shall be paid out of a revolving fund insofar as possible. The Commissioner
of Buildings and General Services, with the approval of the Commissioner of Finance
and Management, may assess charges for supplies, equipment, and services, which the
Commissioner of Finance and Management shall charge back to appropriations for the
various departments all items mentioned under this section, and credit like amounts
to the revolving fund. (Added 1959, No. 328 (Adj. Sess.), § 13; amended 1967, No. 148, § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 39, eff. June 13, 1988; 1991, No. 87, § 4; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 43, eff. June 8, 2004; 2007, No. 65, § 285.)
§ 907. Manner of payment of bills for purchases
(a) The Commissioner of Buildings and General Services shall furnish to suppliers at the
expense of the State the forms for all proposals and contracts. The Commissioner shall
make all contracts in duplicate and shall forward forthwith one copy to the Commissioner
of Finance and Management. An item of expense for any article mentioned in this chapter
shall not be allowed by the Commissioner of Finance and Management in the settlement
of any account except when the purchase of the article is authorized and approved
by the Commissioner of Buildings and General Services.
(b) The Commissioner of Buildings and General Services may establish a purchasing card
program for the purpose of authorizing all spending units of the State to use a purchasing
card as an alternative payment method for official State purchases. The Commissioner
may contract with one or more financial institutions, card-issuing banks, credit card
companies, charge card companies, debit card companies, or third-party merchant banks
to provide State purchasing cards. The Commissioner may accept receipts from the purchasing
card program. The Commissioner is authorized to establish policies for participation
in the program and use of the purchasing card. (Added 1959, No. 328 (Adj. Sess.), § 13; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 63, § 25, eff. June 11, 2003; 2005, No. 147 (Adj. Sess.), § 30, eff. May 15, 2006.)
§ 908. Price-fixing illegal; penalty
Every contract, combination, or conspiracy, providing for the establishment or maintenance
of minimum prices in the sale of any commodity to the State or any municipality or
agency thereof, between manufacturers, producers, wholesalers, factors, retailers,
or persons, firms, or corporations in competition with each other is hereby declared
illegal. A person who makes such a contract or engages in such a combination or conspiracy
shall be fined not more than $5,000.00 or be imprisoned not more than one year, or
both. (1963, No. 149.)
§ 909. State purchase of food and agricultural products
(a) When procuring food and agricultural products for the State, its agencies, departments,
instrumentalities, and institutions, the Commissioner of Buildings and General Services
shall consider the interests of the State relating to the proximity of the supplier
and the costs of transportation, and relating to the economy of the State and the
need to maintain and create jobs in the State.
(b) When making purchases pursuant to this section, the Secretary of Administration, the
Commissioner of Buildings and General Services, and any State-funded institutions
shall, other considerations being equal and considering the results of any econometric
analysis conducted, purchase products grown or produced in Vermont when available. (Added 2011, No. 52, § 72, eff. May 27, 2011.)
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Subchapter 002: STATE PURCHASING OF APPAREL, FOOTWEAR, OR TEXTILES
§ 921. Application of subchapter; definitions
(a) This subchapter applies to competitive bids for sale of apparel, footwear, or textiles
pursuant to subchapter 1 of this chapter.
(b) As used in this subchapter, unless the context otherwise indicates, the following
terms shall have the following meanings:
(1) “Commissioner” means the Commissioner of Buildings and General Services.
(2) “Independent monitor” means a nonprofit organization that is neither funded nor controlled,
in whole or in part, by businesses that sell or manufacture apparel, footwear, or
textiles. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 922. Bids for the sale of apparel, footwear, or textiles
(a) The Commissioner shall require that a bidder for the sale of apparel, footwear, or
textiles provide certification from each supplier that the supplier at the point of
assembly of the goods:
(1) complies with all applicable wage, health, labor, environmental, and safety laws,
legal guarantees of freedom of association, building and fire codes, and laws relating
to discrimination in hiring, promotion, and compensation on the basis of race, disability,
national origin, gender, sexual orientation, and affiliation with any political, nongovernmental,
and civic group except when federal law precludes the State from attaching the procurement
conditions provided in this subchapter; and
(2) complies with all human and labor rights treaty obligations that are shared by the
United States and the country in which the goods are assembled, including obligations
with regard to forced labor, indentured labor, slave labor, child labor, involuntary
prison labor, physical and sexual abuse, and freedom of association.
(b) Prior to the awarding of a contract, a bidder for the sale of apparel, footwear, or
textiles shall submit a list of the names and addresses of suppliers at the point
of assembly of goods subject to the bid process.
(c) If, after complying with the filing requirements of this section, a bidder is awarded
a contract, that contractor shall, during the term of the contract, promptly inform
the Commissioner of any change in the information furnished to the Commissioner pursuant
to this section. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 923. Exception
The Commissioner may accept a bid from and award a contract to a supplier who has
not met the requirements provided in section 922 of this title if, after reasonable investigation by the Commissioner, it appears that the required
unit or item of supply or brand of that unit or item is procurable by the State from
only that supplier or under other extraordinary circumstances. The approval of an
exception pursuant to this section shall be documented in writing, signed by the Commissioner,
and retained as part of the contract file. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 924. Repealed. 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.
§ 925. Complaints of noncompliance with subchapter; investigations of complaints
(a) The Commissioner shall initiate an investigation to determine whether a violation
of this subchapter has occurred if:
(1) The Commissioner has knowledge that a contractor or a supplier at the point of assembly
of goods subject to a contract is not in compliance with this subchapter.
(2) The contractor informs the Commissioner that the contractor or a supplier at the point
of assembly of goods subject to a contract is not in compliance with this subchapter.
(3) A worker for a contractor or for a supplier at the point of assembly of goods subject
to a contract files a written complaint directly with the Commissioner stating that
the contractor or supplier, to the best of the worker’s knowledge, is not in compliance
with this subchapter.
(4) A third party established and based in the United States, on behalf of or on the basis
of information from a worker or workers, files directly with the Commissioner a written
complaint, signed and dated under oath before an official authorized by applicable
law to administer oaths, stating that, to the best of the third party’s knowledge,
a contractor or a supplier at the point of assembly of goods subject to a contract
is not in compliance with this subchapter.
(5) A third party established and based outside the United States, on behalf of or on
the basis of information from a worker or workers, files directly with the Commissioner
a signed and dated written complaint stating that, to the best of the third party’s
knowledge, a contractor or a supplier at the point of assembly of goods subject to
a contract is not in compliance with this subchapter.
(b) After receiving a complaint alleging noncompliance with this subchapter, the Commissioner
shall contact in a timely manner, in writing and by certified letter, the contractor
that is the subject of the complaint or whose supplier is the subject of the complaint. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 926. Determinations of noncompliance with subchapter
(a) In making a determination of whether a violation of this subchapter has occurred,
the Commissioner may take into account any factors, information, sources of information,
and materials determined reliable and relevant by the Commissioner, as determined
on a case-by-case basis. The Commissioner has specific authority and discretion to
employ an independent monitor to investigate a complaint.
(b) The determination of whether a party subject to a complaint is in compliance with
this subchapter is solely that of the Commissioner.
(c) After rendering a determination under this section, the Commissioner promptly shall
inform the complainant and contractor in writing. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 927. Consequences of noncompliance with subchapter
If, in the opinion of the Commissioner, a contractor that has been determined to be
not in compliance with this subchapter does not make good-faith efforts to change
its practices or use its bargaining position with an offending supplier to change
the supplier’s practices, the Commissioner may take appropriate remedial action, including
barring the contractor from bidding on future State contracts or terminating the State’s
contract with the contractor. Reference to the authority given in this section shall
be specifically referenced in State contracts with contractors that are subject to
this subchapter. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)
§ 928. Coordination with other jurisdictions
The Commissioner shall coordinate with other jurisdictions of the United States of
America with those jurisdictions’ efforts to develop an effective strategy to monitor
vendor compliance with the requirements of this subchapter or similar requirements
of those jurisdictions. (Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)