MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Ferris

AN ACT TO CREATE SECTION 31-7-13.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL BOARDS TO DELEGATE TO THEIR LEVYING AUTHORITIES THE BIDDING AND CONTRACTING FOR THE PURCHASE OF COMMODITIES ON BEHALF OF THE SCHOOL DISTRICT, TO REQUIRE THE LEVYING AUTHORITIES TO COMPETITIVELY BID AND CONTRACT FOR SUCH PURCHASES AND TO REQUIRE THE LEVYING AUTHORITIES TO TAKE ALL ACTION NECESSARY TO ENSURE VENDOR COMPLIANCE WITH CONTRACT TERMS; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 3l-7-13.1, Mississippi Code of 1972.

31-7-13.1. (1) The governing authority of a local school district may, in its discretion, delegate to its levying authority as defined in Section 37-57-1, the authority to bid and contract for the purchase of commodities on behalf of the school district. Such delegation of authority shall be evidenced by a resolution adopted by the governing authority of the local school district and spread across its minutes. The resolution shall be transmitted to the levying authority, and upon receipt the levying authority shall accept such delegation of authority unless the acceptance of such delegation would create a conflict of interest for any member of the governing board of the levying authority, or any employee thereof, or would violate or conflict with any existing contract or applicable law to which the levying authority is a party or is subject. Once the resolution is accepted by the levying authority, the levying authority, to the greatest extent practicable, shall immediately undertake to bid and contract for the commodity or commodities required by the school district.

(2) The local school district shall provide to the levying authority, along with the authorizing resolution, a request for proposals containing any plans and specifications, information regarding quantity, size, quality or type of product, required delivery, maintenance, warranty or other contract terms, restrictions or limitations, and any other information reasonably required to bid and contract for the commodity or commodities. No specification or provision contained in the school district's request for proposal may be altered or amended in any manner by the levying authority without the prior consent of the school district.

(3) The levying authority shall competitively bid and contract for the purchase of commodities on behalf of school districts in accordance with all applicable public purchasing laws, including Section 31-7-13 and any other laws not in conflict with this section. All costs incurred by the levying authority in bidding and contracting for the purchase of the commodity or commodities on behalf of the school district shall be reimbursed by the local school district. Upon the selection of the successful bidder, the levying authority shall be authorized to execute and enter into a contract for the purchase of the commodity or commodities. All payment and other obligations under the contract, and all accounting, record-keeping and monitoring requirements, shall be performed by the school district in accordance with the contract terms and applicable law on behalf of the levying authority.

(4) In the event of breach or material noncompliance with the contract terms by the vendor or contractor, as determined by the governing authority of the local school district or by the levying authority, the levying authority shall undertake any and all actions reasonably necessary to ensure compliance by the vendor or contractor with the contract terms. All costs incurred by the levying authority in complying with this paragraph shall be reimbursed by the school district.

(5) Except to the extent expressly set forth herein, the levying authority shall have no power or authority to contract on behalf of, or to extend or amend any contracts, to obligate the funds of or to require any acts or omissions by the local school district.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.