Bill

Bill > HB1197


MS HB1197

MS HB1197
Dual-phase design-build method of construction contracting; revise certain provisions of.


summary

Introduced
01/18/2021
In Committee
02/18/2021
Crossed Over
02/03/2021
Passed
04/01/2021
Dead
Signed/Enacted/Adopted
04/16/2021

Introduced Session

2021 Regular Session

Bill Summary

An Act To Amend Section 31-7-13.1, Mississippi Code Of 1972, To Revise The Dual-phase Design-build Method Of Construction Contracting; To Remove The Requirement For Two Phases Of Design-build Construction Contracting; To Provide That Design-build Construction Contracting May Be Used For Residential Buildings, Residential-mixed Used Developments, Parking Garages And Other Prescriptive Type Facilities; To Provide That The Design-build Method Of Construction Contracting May Only Be Used When The Department Of Finance And Administration Or A Governing Authority Has Determined That Using The Design-build Method Of Construction Contracting Satisfies The Public Interest Better Than Traditional Design Bid Or When The Legislature Has Specifically Required Or Authorized The Use Of This Method In The Legislation Authorizing A Project; To Provide That Instead Of The Dual-phase Procedure For Awarding A Contract, For Each Proposed Design-build Project, Either A Fixed Firm Price Or Guaranteed Maximum Price Contract Must Be Adopted; To Revise What Must Be Included In The Work Statement; To Provide That Notice Shall Also Be Posted On The Mississippi Procurement Portal; To Provide That Proposals Which Include Criteria Other Than Cost Only Shall Be Evaluated By An Evaluation Committee Established By The Procuring Entity; To Provide The Makeup Of The Evaluation Committee And The Selection Criteria That The Evaluation Committee Shall Consider When Evaluating Submitted Proposals; To Provide That An Agency Or Governing Authority May Not Award A Stipulated Fee To An Offeror For Preparation Costs To Submit A Response To The Request For Proposals; To Amend Sections 31-11-3 And 61-3-15, Mississippi Code Of 1972, To Conform To The Preceding Section; To Amend Section 31-7-13, Mississippi Code Of 1972, To Conform To The Provisions Of This Act; To Revise The Reverse Auction Method For Receiving Bids To Differentiate Between Agencies And Governing Authorities; To Provide That If An Agency Determines That A Reverse Auction Is Not In The Best Interest Of The Agency, Then That Determination Must Be Approved By The Public Procurement Review Board; To Provide That If A Governing Authority Determines That A Reverse Auction Is Not In The Best Interest Of The Governing Authority, Then That Determination Must Be Approved By The Governing Board Of The Governing Authority; To Provide That The Agency And Governing Authority Must Submit An Explanation As To Why A Reverse Auction Is Not In The Best Interest Of The Agency Or Governing Authority; And For Related Purposes.

AI Summary

This bill revises the dual-phase design-build method of construction contracting in Mississippi. Key provisions include: - Allowing the design-build method to be used for residential buildings, residential mixed-use developments, parking garages, and other prescriptive type facilities, but only when determined to serve the public interest better than traditional design-bid or when specifically authorized by the Legislature. - Removing the requirement for a two-phase procedure and instead requiring either a fixed firm price or guaranteed maximum price contract. - Specifying the information that must be included in the work statement, such as site details, mandatory requirements, and evaluation criteria. - Establishing an evaluation committee with specific selection criteria, including giving cost at least 35% of the total weight. - Prohibiting agencies or governing authorities from awarding stipended fees to unsuccessful offerors. The bill also makes conforming changes to related statutes on construction contracting.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Approved by Governor (on 04/16/2021)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...