Missouri Senate

Introduced

BIDDING ON CERTAIN PROJECTS BY THE STATE

(Section 8.250)

All contracts for projects entered into by an officer or agency of the state in excess of $100,000 shall be let to the lowest, responsive, responsible bidder or bidders based on preestablished criteria after publication of an invitation to bid for a period of ten days or more on the website of the officer or agency or through an electronic procurement system.

CONSTRUCTION MANAGER-AS-AGENT CONTRACTS

(Sections 8.675)

The act allows a public body to engage the services of a construction manager-as-agent when planning, designing, and constructing a building or structure or when improving, altering, or repairing a building or structure. Construction management services, as defined in the act, may be additionally used by the public body in the preconstruction phase, the construction phase, or both of a public works project. A construction manager-as-agent is any person who provides construction management services for a public body.

When a public body decides that a public works project shall be performed with a negotiated contract for construction management services, the public body shall solicit proposals from qualified construction managers-as-agent by publishing a request for proposals for a period of ten or more days on the public body's website or through an electronic procurement system. The number of proposals shall not be restricted or curtailed but shall be open to all construction managers-as-agent complying with the terms upon which the proposals are requested.

The selected construction manager-as-agent is not permitted to bid on or perform any of the actual construction on a public works project in which he or she is acting as construction manager-as-agent, nor shall any construction firm that controls, is controlled by, or shares common ownership or control with the construction manager-as-agent be allowed to bid on or perform work on such project. The actual construction work on the project shall be awarded by competitive bidding to subcontractors as provided in the act. All successful bidders shall meet the same obligations as required of prime contractors under the prevailing wage law. Additionally, such bidders shall contract directly with the public body, but perform at the direction of the construction manager-as-agent.

CONSTRUCTION MANAGER-AT-RISK CONTRACTS

(Section 8.677)

A public body is permitted to engage the services of a construction manager-at-risk for any project within its authority in excess of $300,000. A construction manager-at-risk is defined as a sole proprietorship, partnership, corporation, or other legal entity that proposes to enter into a contract with a public body and that assumes the risk for the construction, rehabilitation, alteration, or repair of a project. The construction manager-at-risk additionally provides consultation to the public body regarding construction during and after the design of the project.

A construction manager-at-risk is selected using the following process:

· First, the public body shall prepare a request for qualifications, including the general information on the project site, project scope, schedule, selection criteria, the time and place for receipt of proposals, and any other information that may assist the public body. Fees or prices may not be requested during this step. At least 2 but no more than 5 construction managers-at-risk shall be selected based on the stated selection criteria.

· Second, for each selected construction manager-at-risk, the public body may request the proposed fee, price for fulfilling the general conditions, and other prices, fees, or costs. Qualifications shall account for a minimum of 40% of the evaluation. Cost shall account for a maximum of 60% of the evaluation.

The public body shall select the construction manager-at-risk whose proposal offers the best value for the public body based on the published selection criteria and on its ranking evaluation. The act additionally regulates the manner by which a construction manager-at-risk is required to solicit and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work, provided that the construction manager-at-risk is permitted to fulfill the contract requirements itself.

DESIGN-BUILD CONTRACTS

(Section 8.679)

The act allows a public body to enter into design-build contracts with a design-builder to furnish the architectural, engineering, and related design services and the labor, materials, supplies, equipment, and other construction services required for a design-build project.

The public body is required to retain a design criteria consultant to assist in the preparation of a design criteria package, as defined in the act. The consultant would additionally assist in the request for proposal (RFP) process, perform periodic site visits to observe adherence to the design criteria, and prepare progress reports, among other things, as described in the act.

All RFPs for a design-build contract must be published for a period of at least 10 days on the public body's website or through an electronic procurement system. The public body shall establish in the RFP a time, place, and other specific instructions for the receipt of proposals. Proposals not submitted in strict accordance with such instructions shall be subject to rejection. Furthermore, the act establishes the elements that each RFP must contain.

Proposals shall be solicited in the following three-phase process:

· Phase I consists of the solicitation of qualifications of the design-build team. Qualified design-builders selected pursuant to the act may proceed to phase II. The evaluation team shall choose not less than 2 nor more than 5 design-builders to proceed to phase II.

· Phase II consists of solicitation of a technical proposal, including a conceptual design for the project. Phase II is required to account for not less than 40% of the total point score.

· Phase III consists of providing construction costs. Phase III is required to account for not less than 40% of the total point score.

PUBLIC WORKS CONTRACTS - PAYMENT REQUIREMENTS

(Sections 34.057 and 34.058)

The act transfers provisions governing prompt payment of public works contracts and the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing a public works contract from chapter 34 to chapter 8.

FAIRNESS IN PUBLIC CONSTRUCTION ACT

(Sections 34.203 to 34.216)

The act transfers the "Fairness in Public Construction Act" from chapter 34 to chapter 8.

SINGLE FEASIBLE SOURCE PURCHASING AUTHORITY

(Section 34.100)

Under current law, the Commissioner of Administration may, when in the Commissioner's best judgment it is in the best interests of the state, delegate the Commissioner's procurement authority to an individual department, provided that in the case of single feasible source purchasing authority in excess of $5,000 the authority must be specifically delegated by the Commissioner. This act increases that threshold to $10,000.

SCOTT SVAGERA