§ 42-148-3 - Preclosure analysis.
SECTION 42-148-3
§ 42-148-3 Preclosure analysis. – (a) Prior to the closure, consolidation or privatization of any state facility,function or program, the director of administration or his or her designee,shall conduct a thorough cost comparison analysis and evaluate qualityperformance concerns before deciding to purchase services from private vendorsrather than provide services directly.
(b) The director of administration shall notify thebargaining representatives of state employees who will be directly impacted bya potential privatization in writing at least six (6) months in advance of itsconsideration of privatizing a state service and complete the following process:
(i) Document the current in-house costs of providing theservices with a detailed budget breakdown. The in-house cost shall include anydepartment overhead and other costs that would continue even if the service wascontracted out.
(ii) Prepare a statement of work and performance standardswhich shall form the basis for the requests for proposals and which shallinclude the following:
(A) A clear statement of work with measurable performancestandards including qualitative as well as quantitative standards that biddersmust meet or exceed;
(B) Requirements that contractors meet affirmative action,disability and other nondiscriminatory and service standards currently requiredof state agencies.
(C) A clear format that will enable comparison of competitivebids and in-house bids. The format must require detailed budget breakdowns.
(c) Prior to the issuance of the RFP current public employeesmust be notified of the intent to solicit bid proposals and of the decisiontimeline. Additionally, at least sixty (60) calendar days prior to the issuingof a request for proposals, the cost analysis and statement of work shall besent to the bargaining representatives of state employees who will be directlyimpacted by a potential privatization.
(d) Prior to, or up until the time when a prospective offeroris required to submit to the state a proposal for a privatization contract,directly impacted state employees and their bargaining representatives shall beafforded an opportunity to present a new cost estimate, reflecting anyinnovations that they could incorporate into the work performance standards.This new cost estimate shall be deemed an in-house bid, which shall form thebasis for the eventual cost comparison. The director shall provide technicaland informational assistance to the in-house state work group in itspreparation of an in-house bid.
(e) Prior to or at any time before or after the normalprocurement process, the director may elect to accept the in-house bid orproceed with the normal procurement process which must:
(i) Incorporate the statement of work and performancestandards, and
(ii) Require bidders to meet the same statement of workperformance standards as would be expected by an in-house cost estimate; and
(iii) Include bid forms requiring a sufficiently detailedbreakdown of cost categories to allow accurate and meaningful comparisons, ifapplicable.
(f) The in-house bid developed pursuant to subsection (d) ofthis section shall be kept confidential from bidders.