Missouri HB 2398: Modifies provisions relating to state purchasing

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2398
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KNIGHT.
4353H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 8.250, 8.260, 8.675, 8.677, 8.679, 8.681, 8.683, 8.685, 8.687, 34.055,
34.057, 34.058, 34.100, 34.203, 34.206, 34.209, 34.212, 34.217, and 34.218, RSMo,
and to enact in lieu thereof fifteen new sections relating to public contracts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 8.250, 8.260, 8.675, 8.677, 8.679, 8.681, 8.683, 8.685, 8.687,
2 34.055, 34.057, 34.058, 34.100, 34.203, 34.206, 34.209, 34.212, 34.217, and 34.218, RSMo,
3 are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 8.250,
4 8.260,8.675,8.677,8.679,8.960,8.962,8.964,8.966,8.968,8.970,8.972,8.974,34.055,and
5 34.100, to read as follows:
8.250. 1. "Project" for the purposes of this chapter means the labor or material
2 necessary for the construction, renovation, or repair of improvements to real property so that
3 the work, when complete, shall be ready for service for its intended purpose and shall require
4 no other work to be a completed system or component.
5 2. All contracts for projects, the cost of which exceeds twenty-five thousand dollars,
6 entered into by any city containing five hundred thousand inhabitants or more shall be let to
7 the lowest, responsive, responsible bidder or bidders after notice and publication of an
8 advertisementforfivedaysinadailynewspaperinthecountywheretheworkislocated,orat
9 least twice over a period of ten days or more in a newspaper in the county where the work is
10 located, and in two daily newspapers in the state which do not have less than fifty thousand
11 daily circulation, and by such other means as are determined to be most likely to reach
12 potential bidders.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

13 3. All contracts for projects, the cost of which exceeds one hundred thousand dollars,
14 entered into by an officer or agency of this state shall be let to the lowest, responsive,
15 responsible bidder or bidders based on preestablished criteria after [notice and] publication of
16 [an advertisement] an invitation for bid for [five days in a daily newspaper in the county
17 wherethework islocated,orat leasttwiceover]aperiod oftendays ormore[inanewspaper
18 in the county where the work is located and in one daily newspaper in the state which does
19 not have less than fifty thousand daily circulation and by such other means as determined to
20 bemostlikelytoreachpotentialbidders]onthewebsiteoftheofficeroragencythroughan
21 electronic procurement system. For all contracts for projectsbetween twenty-five thousand
22 dollars and one hundred thousand dollars, a minimum of three contractors shall be solicited
23 with the award being made to the lowest responsive, responsible bidder based on
24 preestablished criteria.
25 4. The number of such public bids shall not be restricted or curtailed, but shall be
26 open to all persons complying with the terms upon which the bids are requested or solicited
27 unless debarred for cause. No contract shall be awarded when the amount appropriated for
28 same is not sufficient to complete the work ready for service.
29 5. Dividing a project into component labor or material allocations for the purpose of
30 avoiding bidding or advertising provisions required by this section is specifically prohibited.
8.260. All appropriations made by the general assembly amounting to one hundred
2 thousand dollars or more for the construction, renovation, or repair of facilities shall be
3 expended in the following manner:
4 (1) The agency requesting payment shall provide the commissioner of administration
5 with satisfactory evidence that a bona fide contract, procured in accordance with all
6 applicable procedures, exists for the work for which payment is requested;
7 (2) All requests for payment shall be approved by the architect or engineer registered
8 to practice in the state of Missouri who designed the project or who has been assigned to
9 oversee it;
10 (3) In order to guarantee completion of the contract, the agency or officer shall retain
11 a portion of the contract value in accordance with the provisions of section [34.057] 8.960;
12 (4) A contractor may be paid for materials delivered to the site or to a storage facility
13 approved by the director of the division of facilities management, design and construction as
14 having adequate safeguards against loss, theft or conversion.
15
16 In no case shall the amount contracted for exceed the amount appropriated by the general
17 assembly for the purpose.
8.675. 1. Asusedin[sections8.675to8.687]thissection,thefollowingtermsmean:
2 (1) "Construction [management] management-as-agent services" includes:
HB 2398