General Provisions

V.S.A. tit. 29, ch. 49, subch. 1

in effect

29 V.S.A. § 902 Duties of Commissioner of Buildings and General Services

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 (b) [Repealed.]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 (e) [Repealed.]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General Services may also: (1) establish and supervise inventory methods to be used by all government agencies; (2) [Repealed.]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.

29 V.S.A. § 903 Requisition for supplies and materials

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.

29 V.S.A. § 903a Alternative purchasing sources

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.

29 V.S.A. § 904 Surplus property; acceptance and distribution

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.

29 V.S.A. § 905 Centralized purchasing of school equipment and supplies

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.

29 V.S.A. § 906 Stationery and office supplies

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.

29 V.S.A. § 907 Manner of payment of bills for purchases

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.

29 V.S.A. § 908 Price-fixing illegal; penalty

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.

29 V.S.A. § 909 State purchase of food and agricultural products

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/29/049Fetched: 10/21/2026