MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Kirby

Senate Bill 2724

(As Sent to Governor)

AN ACT TO EXEMPT THE DEPARTMENT OF PUBLIC SAFETY BUILDING PROJECT AND CONTRACT FROM CERTAIN PUBLIC PURCHASING REQUIREMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  For the purposes of this section, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:

          (a)  "Project" means the project for construction of interior elements at the new Department of Public Safety building in Pearl, Mississippi.

          (b)  "Bureau" means the Bureau of Building, Ground, and Real Property Management.

          (c)  "Contract" means the contract for the project which shall be awarded under the construction-manager-at-risk methodology as otherwise provided for herein.

          (d)  "Standards" means the American Institute of Architects (AIA) A133-2019 Owner/Construction Manager as Constructor Agreement-Cost of the Work Plus Fee with GMP, the AIA A133-2019 Exhibit A: GMP Amendment, and the AIA A133-2019 Exhibit B: Insurance and Bonds, with such revisions, qualifications, and assumptions as the bureau and the construction manager deem appropriate due to market conditions and the overall nature of the project.

     (2)  The Legislature finds that the size and nature of the project require the use of the construction-manager-at-risk methodology and that the resulting opportunities for savings in construction time and cost justify the direct negotiation of the contract between the bureau and a construction manager. The bureau shall negotiate and execute the contract based on the standards.

     (3)  The project and the contract are hereby exempt from the public purchasing requirements of Sections 31-7-13 and 31-7-13.2.

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