House Bill 698

(As Passed the House)

AN ACT TO CREATE NEW SECTION 31-5-39, MISSISSIPPI CODE OF 1972, TO ALLOW PUBLIC ENTITIES TO ALLOCATE ADDITIONAL FUNDS TO A PROJECT BUDGET IN ORDER TO ALLOW AN AWARD TO THE LOWEST AND BEST BIDDER WHILE MAINTAINING THE CURRENT LIMITATION ON NEGOTIATION AUTHORITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 31-5-39, Mississippi Code of 1972:

31-5-39. On or before the date and time established to receive bids for any contract related to the construction of any building, highway, road, bridge or other public work or improvement by the State of Mississippi, its agencies, departments, institutions, or instrumentalities of the state or political subdivisions of the state, such entity shall establish a budget for the project. The budget shall reflect the total amount of funds allocated to the project including the specific amount allocated for construction. Additional funds may be allocated to a project at any time, including for purposes of awarding a contract to the lowest and best bidder. Additional funds may not be allocated after the date and time established for the receipt of bids for the purpose of increasing negotiation authority.

SECTION 2. This act shall take effect and be in force from and after its passage.