Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1197

BY: Representative Lamar

AMEND by striking lines 542 through 562 and inserting in lieu thereof the following:  "2.  Reverse auctions shall be the primary method for receiving bids during the bidding process.  If * * *a purchasing entity an agency or governing authority determines that a reverse auction is not in the best interest of the * * *state agency or governing authority, then with respect to an agency, that determination must be approved by the Public Procurement Review Board, and with respect to a governing authority, that determination must be approved by the governing body of the governing authority.  * * *The purchasing entity An agency shall submit a detailed explanation of why a reverse auction would not be in the best interest of the * * *state agency and present an alternative process to be approved by the Public Procurement Review Board.  A governing authority shall make findings in its minutes of why a reverse auction would not be in the best interest of the governing authority.  If as to an agency, the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, or if as to a governing authority, the governing board thereof authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel.  However, reverse auction shall not be used for any public contract for design or construction of public facilities, including buildings, roads and bridges.  As to an agency, the Public Procurement Review Board must approve any contract entered into by alternative process.  The provisions of this item 2 shall not apply to the individual state institutions of higher learning."

AMEND further, the title on line 27 by striking "31-11-3, 61-3-15 AND 31-7-13," and inserting in lieu thereof "31-11-3 AND 61-3-15"

     AMEND further, the title on line 28 by inserting the following after the semicolon:

"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;"