House Bill 1258

AN ACT TO PROHIBIT FIRMS THAT ENGAGE IN CONSTRUCTION PROGRAM MANAGEMENT, FROM PARTICIPATING IN THE CONSTRUCTION, CONTRACTING, OR SUBCONTRACTING ON ANY PROJECT FOR WHICH THEY HAVE BEEN HIRED TO PROVIDE CONSTRUCTION PROGRAM MANAGEMENT SERVICES; TO MAKE PUBLIC CONSTRUCTION CONTRACTS IN VIOLATION OF THIS PROHIBITION VOID; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) No person, or any agent, subsidiary or parent corporation or firm owned in whole or in part by the person, shall be eligible to bid or otherwise participate in the construction, contracting, or subcontracting on any project or part thereof for which the person has been hired to perform construction program management services. Any contract for public construction that violates this provision shall be void and against the public policy of the state.

(2) For purposes of this section, the term "construction program management services" means a set of management and technical services rendered by a person or firm to a public sector building owner during the predesign, design, construction, or post-construction phases of new construction, demolition, alteration, repair, or renovation projects. These services include any one or more of the following: project planning, budgeting, scheduling, coordination, design management, construction administration, or facility occupancy actions, but shall not include any component of the actual construction work. The term does not include the services performed by the general contractor who is engaged to perform the construction work, or services customarily performed by licensed architects or registered engineers.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.