SB 758
Modifies various provisions relating to bidding procedures for certain public projects for facilities
Sponsor:
LR Number:
3896S.10T
Last Action:
6/30/2022 - Signed by Governor
Journal Page:
Title:
SS#3 SCS SB 758
Calendar Position:
Effective Date:
August 28, 2022
House Handler:

Current Bill Summary

SS#3/SCS/SB 758 - This act modifies various provisions relating to procedures for certain public projects for facilities.

BIDDING ON CERTAIN PUBLIC PROJECTS

(Section 8.250)

All contracts for projects, the cost of which exceeds $25,000, entered into by any city containing 500,000 inhabitants or more shall be let to the lowest, responsive, responsible bidder or bidders after publication of an advertisement for a period of 10 days or more in a newspaper in the county where the work is located, in 2 daily newspapers in the state which do not have less than 50,000 daily circulation, and on the website of the city or through an electronic procurement system.

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 advertisement for a period of ten days or more in a newspaper in the county where the work is located, in one daily newspaper in the state which does not have less than 50,000 daily circulation, and on the website of the officer or agency or through an electronic procurement system.

These provisions are similar to provisions in HCS/SS#2/SCS/SB 968 (2022), HCS/HB 2289 (2022), and HB 2398 (2022).

BONDS FOR BUILDINGS AND FACILITIES

(Section 8.420)

The act repeals a provision that allows for the issuance of bonds for the construction of a new mental health facility in Callaway County.

CONSTRUCTION MANAGER-AT-RISK/DESIGN-BUILD - STATE PROJECTS

(Section 8.690)

The act permits the office of administration to utilize:

· The construction manager-at-risk delivery method; and

· The design-build delivery method for non-civil works projects in excess of $7 million and no more than 5 non-civil works projects in any fiscal year that are valued at less than $7 million.

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.

This provision is identical to a provision in HB 2398 (2022).

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.

This provision is identical to a provision in HB 2398 (2022).

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.

This provision is identical to a provision in HB 2398 (2022).

DESIGN-BUILD/CONSTRUCTION MANAGER-AT-RISK - POLITICAL SUBDIVISIONS

(Section 67.5065)

The act expressly includes public institutions of higher education in the term "political subdivision" for purposes of current law relating to design-build projects and construction manager-at-risk projects.

SCOTT SVAGERA