MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations A
By: Representatives Read, Boyd (19th)
AN ACT TO AMEND SECTION 28 OF CHAPTER 549, LAWS OF 2023, TO CLARIFY AND CORRECT NAMES AND PURPOSES OF CERTAIN PROJECTS FUNDED WITH MONIES DISBURSED FROM THE 2023 LOCAL IMPROVEMENTS PROJECTS FUND; TO AMEND SECTION 4 OF CHAPTER 549, LAWS OF 2023, TO REVISE THE PURPOSE OF A CERTAIN PROJECT FUNDED WITH MONIES DISBURSED FROM THE 2022 IHL CAPITAL IMPROVEMENTS FUND; TO AMEND SECTION 27-104-373, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTRACTS OR PURCHASES FOR PROJECTS FUNDED WITH MONIES DISBURSED FROM THE 2023 LOCAL IMPROVEMENTS PROJECTS FUND THAT INVOLVE EXPENDITURES ABOVE CERTAIN AMOUNTS MUST BE MADE AFTER OBTAINING COMPETITIVE WRITTEN BIDS; TO AMEND SECTION 65-1-185, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES IN THE 2023 DESOTO COUNTY INFRASTRUCTURE IMPROVEMENTS FUND SHALL BE USED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION INSTEAD OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 65-1-187, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES IN THE 2023 LAFAYETTE COUNTY INFRASTRUCTURE IMPROVEMENTS FUND SHALL BE USED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION INSTEAD OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 65-1-189, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES IN THE 2023 GULFPORT COMMERCE CORRIDOR FUND SHALL BE USED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION INSTEAD OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 297 AND SENATE BILL NO. 2486, 2024 REGULAR SESSION, TO MAKE SEVERAL TECHNICAL CHANGES APPLICABLE TO CERTAIN AMERICAN RECOVERY AND REINVESTMENT ACT PROJECTS UNDER THE PUBLIC PURCHASING LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 28 of Chapter 549, Laws of 2023, is amended as follows:
Section 28. Monies transferred pursuant to Sections 1 and 3 of this act into the 2023 Local Improvements Projects Fund shall be disbursed by the Department of Finance and Administration, pursuant to the authority granted by the department's appropriation bill, Senate Bill No. 3043, 2023 Regular Session, to spend those monies, as follows:
(a) To assist the City of Indianola, Mississippi, in paying costs associated with purchasing six (6) new police cars for the city's police department.................................... $400,000.00
(b) To assist Sunflower County, Mississippi, in paying costs associated with completing construction of the county's Transitional Shelter for Homeless families...................................
.................................................... $300,000.00
(c) To Tishomingo County, Mississippi, to assist the Belmont Volunteer Fire Department in paying costs associated with the purchase of equipment............................................ $25,000.00
(d) To Alcorn County, Mississippi, to assist the Rienzi Volunteer Fire Department in paying costs associated with the purchase of equipment............................................ $25,000.00
(f) To assist Alcorn County, Mississippi, in paying costs associated with ongoing repair and renovation of the Alcorn County Courthouse........................................ $1,000,000.00
(g) To Kossuth, Mississippi, to assist in paying costs associated with renovation of the LC Follin Community Center.....
.................................................... $150,000.00
(h) To assist the City of Corinth, Mississippi, in paying costs associated with repair and renovation to include the Coliseum and South Corinth High School............................ $500,000.00
(i) To Alcorn County, Mississippi, to assist in paying costs associated with construction of a new fire station for the Jacinto Volunteer Fire Department............................ $100,000.00
(j) To assist Alcorn County, Mississippi, in paying costs associated with special operations at the county's Emergency Management Agency.............................................. $400,000.00
(k) To assist the City of Corinth, Mississippi, in paying costs associated with improvements to and maintenance of Harper Road.................................................... $500,000.00
(l) To assist the City of Corinth, Mississippi, in paying costs associated with general assistance to Corinth Theatre-Arts..................................................... $25,000.00
(m) To assist the City of Jackson, Mississippi, in paying costs associated with renovations and upgrades for the Jackson Planetarium....................................... $1,000,000.00
.................................................. $1,500,000.00
(o) To assist George County, Mississippi, in paying costs associated with construction of the Agricola Multipurpose Center in George County, Mississippi........................... $400,000.00
(p) To assist George County, Mississippi, in paying costs associated with the construction of the Basin-Barton
Multipurpose Facility.............................. $1,800,000.00
(q) To assist Jackson County, Mississippi, in paying costs associated with construction of a multipurpose
arena............................................... $750,000.00
(r) To assist Itawamba County, Mississippi, in paying costs associated with repair and renovation of the Itawamba County Courthouse.................................................. $1,500,000.00
(s) To assist the Town of Tremont, Mississippi, in paying costs associated with repair and remodeling of the town's Town Hall.................................................... $150,000.00
(t) To assist Itawamba County, Mississippi, with providing funds to Volunteer Fire Departments located in the county, at the discretion of the Fire Coordinator................... $150,000.00
(u) To assist the City of Fulton, Mississippi, in paying costs associated with renovation and remodeling of the city's City Hall and costs associated with street repairs
.................................................... $500,000.00
(v) To assist Itawamba Community College in paying costs associated with capital construction related to the Health Sciences program........................................... $1,500,000.00
(w) To assist the City of Jackson, Mississippi, to provide a federal match to the Jackson Redevelopment Authority for the train station............................................. $420,000.00
(x) To assist the Lighthouse Academy for Dyslexia in Ocean Springs, Mississippi, in paying costs for general purposes for dyslexia services............................................ $200,000.00
(y) To assist the City of Long Beach, Mississippi, in paying costs associated with purchasing portable equipment including a portable stage to promote tourism............................. $200,000.00
(z) To assist Lee County, Mississippi, in paying costs associated with the purchase of a fire truck for the Richmond Volunteer Fire Department...................................... $350,000.00
(aa) To assist the Town of Tunica, Mississippi, in paying costs associated with road improvements............... $500,000.00
(ab) To assist the Town of Marks, Mississippi, in paying costs associated with making water and sewer improvements in the town.................................................... $500,000.00
(ac) To assist the Town of Coldwater, Mississippi, in paying costs associated with paving the town square....................
.................................................... $500,000.00
(ad) To assist the Town of Coldwater, Mississippi, in paying costs associated with the purchase of fire trucks................
.................................................... $250,000.00
(ae) To assist the City of Pascagoula, Mississippi, in paying costs associated with making upgrades and improvements to the Pascagoula City Hall building and related facilities.......................
.................................................. $2,000,000.00
(af) To assist the City of Pascagoula, Mississippi, for the Pascagoula Police Department in providing an East Pascagoula Police SubStation........................................ $2,000,000.00
(ag) To assist the Petal School District Board of Trustees in paying costs associated with the repair and renovation of and upgrades and improvements to the district's Central Office building and related facilities in Petal, Mississippi................................
.................................................. $1,000,000.00
(ah) To assist Lauderdale County, Mississippi, in paying costs associated with building a new fire station for the Bailey Volunteer Fire Department.......................................... $100,000.00
(ai) To assist Tishomingo County, Mississippi, in paying costs associated with repairs to the Tishomingo County Courthouse $500,000.00
(aj) To assist Alcorn County, Mississippi, in paying costs associated with building a new fire station on Kendrick Road for the Farmington Volunteer Fire Department................. $100,000.00
(ak) To assist the City of Lexington, Mississippi, in paying costs associated with the purchase of sewage pumping and vacuuming equipment and making street improvements.............. $100,000.00
(al) To assist the Village of Eden with construction and repair of Town Hall and a safe room.................. $100,000.00
(am) To assist Holmes County, Mississippi, in paying costs associated with renovation of the Holmes County Courthouse
.................................................... $150,000.00
(an) To assist the Jackson Public School District with the Career Development Center in paying costs associated with parking lot resurfacing including restriping and drainage repairs
.................................................... $250,000.00
(ao) To assist the Jackson Public School District with the Career Development Center in paying costs associated with trade shop repairs and upgrades, including roof leak repairs
.................................................... $250,000.00
(ap) To assist the Jackson Public School District with the Career Development Center in paying costs associated with repair, renovation, furnishing and equipping of and upgrades and improvements to the Jackson Public School District's Career Development Center in Jackson, Mississippi................................. $100,000.00
(aq) To assist * * * Wilkinson County,
Mississippi, in paying costs associated with the completion of construction, furnishing
and equipping of a recreation center..................... $500,000.00
(ar) To assist Harrison County, Mississippi, with the following fire stations with various costs, funds are to be allocated equally: Vidalia Fire Station, Delisle Fire Station, Cuevas Fire and Rescue Station, and Henderson Point Fire
Station............................................. $100,000.00
(at) To assist the City of Pass Christian, Mississippi, with various costs for the city's Police Department
..................................................... $25,000.00
(au) To assist the City of New Albany, Mississippi, in paying costs associated with central business district renovations, upgrades and improvements as part of the city's downtown revitalization project.................................................... $500,000.00
(av) To assist Union County, Mississippi, in paying costs associated with the repair and renovation of and upgrades and improvements to the Union County Courthouse and Veterans Park in New Albany.............................................. $500,000.00
(aw) To assist the City of Jackson, Mississippi, acting through its Department of Planning and Development, in paying costs associated with the acquisition, demolition and/or removal of blighted properties in the City of Jackson and in the Mississippi House of Representatives District 71.......................... $250,000.00
(ax) To assist Lincoln County, Mississippi, in paying costs associated with the acquisition and installation of HVAC systems and equipment for the county courthouse.............................
.................................................... $250,000.00
(ay) To assist Lincoln County, Mississippi, in paying costs associated with renovations to the jail............... $500,000.00
(az) To assist Desoto County, Mississippi, in paying costs associated with purchasing equipment for Alphaba-Cockrum-Ingrams Mill Volunteer Fire Department.......................................
..................................................... $25,000.00
(bb) To assist Desoto County, Mississippi, in paying costs associated with the purchasing of equipment for the Love Volunteer Fire Department........................................... $25,000.00
(bc) To assist the City of Oxford, Mississippi, in paying costs associated with repair and renovation of a building to be used by the City of Oxford Police Department............... $4,000,000.00
(bd) To assist Lafayette County, Mississippi, in paying the costs associated with the extension of West Oxford Loop in Lafayette County............................................ $1,000,000.00
(be) To assist the City of D'Iberville, Mississippi, in paying costs associated with the Mallett Road and Sangani Boulevard intersection and widening project............................... $1,000,000.00
(bf) To assist the City of Philadelphia, Mississippi, in paying costs associated with purchasing police cars for the Philadelphia Police Department.................................... $160,000.00
(bg) To assist Kemper County, Mississippi, in paying costs associated with improvements within the county..................
.................................................... $300,000.00
(bh) To assist the Town of Scooba, Mississippi, in paying costs associated with town improvements................ $50,000.00
(bi) To assist Kemper County, Mississippi, in paying costs associated with purchasing fire equipment for the Kemper County Volunteer Fire Department....................................... $60,000.00
(bj) To assist * * * the Porterville Water
Association in paying costs associated with water line improvements * * * .......................................................$200,000.00
(bk) To assist East Mississippi Community College in paying costs associated with upgrades to equipment, furnishings and facilities for the Career Technical Education
Program........................................... $2,000,000.00
(bl) To assist
the * * *
Boys and Girls Club of Biloxi in paying costs associated with providing
general support for the * * *Boys and Girls club * * *........................................ $1,000,000.00
(bm) To assist Warren County, Mississippi, in paying costs to assist the Warren County Sheriff's Office with site work and infrastructure improvements to the future Warren County Jail site.................................................. $1,000,000.00
(bn) To assist Madison County, Mississippi, in paying costs associated with the Reunion Parkway and Bozeman Road expansion project................................................. $12,000,000.00
(bo) To assist the Town of Edwards, Mississippi, in paying costs associated with improvements to the town's fire
station............................................. $250,000.00
(bp) To assist the Town of Raymond, Mississippi, in paying costs associated with repair and rehabilitation of the water tank on the town square in downtown Raymond and the Raymond water tank on the Hinds Community College campus........................................
.................................................... $250,000.00
(bq) To assist Clay County, Mississippi, in paying costs associated with paving and resurfacing of Lake Grove Road and Randle Road in Supervisors District 4 in Clay County........................
.................................................. $1,000,000.00
(br) To assist Monroe County, Mississippi, with costs associated for the Prairie Rural Community Development Club to renovate the old Prairie School Building for use as a multi-purpose center.................................................... $250,000.00
(bs) To assist the City of West Point, Mississippi, in paying costs associated with renovations to City Hall
.................................................... $500,000.00
(bt) To assist Greene County, Mississippi, in paying costs associated with road construction and road repairs in the
county.............................................. $500,000.00
(bu) To assist the City of Clinton, Mississippi, in paying costs associated with Phase II of site work for and construction and development of streets, street lighting and signals, electrical and communications distribution systems and equipment, water system and sewer system infrastructure and related infrastructure, public parking, structured public parking, public plaza, walking trails, and in support of any planned improvements to adjacent U.S. Highway 80 intersections by the Mississippi Department of Transportation within an area bound by U.S. Highway 80, Springridge Road, Interstate 20 and Clinton-Raymond Road/Madison Street in the City of Clinton
.................................................. $8,000,000.00
(bv) To assist the City of Clinton, Mississippi, in paying costs associated with the Clinton Raymond Bolton Edwards Water and Sewer Plant Capacity Expansion project.................. $20,000,000.00
(bw) To assist
the town of Gloster to support the Gloster Southern Railroad * * *
Project.................... $8,000,000.00
(bx) To assist the Town of Flora, Mississippi, in paying costs associated with water, sewer and drainage from Odom Road to Jackson Street and water infrastructure from McGraw Street to Peach Street.................................................. $2,500,000.00
(by) To * * * assist the Department
of Finance and Administration, Bureau of Building, Grounds and Real Property Management,
in paying costs associated with completing renovations at the Mississippi Sports
Hall of Fame.................................. $500,000.00
(bz) To assist the City of Greenville, Mississippi, in paying the costs associated with repairs and renovations to Frisby Park, Greenville Municipal, Maude Bryan Park and Rounds
Park................................................ $500,000.00
(ca) To assist the City of Picayune, Mississippi, in paying costs associated with construction, equipping and furnishing of a new burn building and any related structures and facilities for the Picayune Fire Department to replace the existing burn building. $350,000.00
(cb) To assist
the City of Picayune, Mississippi, in paying costs associated with repairs * * *, maintenance and improvements
at the girls softball field at Picayune Memorial High School. $150,000.00
(cc) To assist the Administrative Office of the Courts in paying costs associated with technological upgrades, equipment, furnishings, and installation for Courtroom 4 of the Hinds County Courthouse........................................... $50,000.00
(cd) To assist the City of Hazlehurst, Mississippi, in paying costs associated with repairs, renovations, educational programming, and expansion to the Mississippi Music Museum.......................
.................................................... $150,000.00
(ce) To assist the City of Hazlehurst, Mississippi, in paying costs associated with the Phase 5 Renovation Project of the Millsaps House............................................... $200,000.00
(cf) To assist the Village of Beauregard, Mississippi, in paying costs associated with the construction of a community center.................................................... $400,000.00
(cg) To assist the City of Eupora, Mississippi, in paying costs associated with repaving and repair of streets
.................................................... $400,000.00
(ch) To assist the Town of French Camp, Mississippi, in paying the costs associated with sidewalk repairs and infrastructure improvements for the town's Downtown Historic Area
..................................................... $75,000.00
(ci) To assist Choctaw County, Mississippi, in paying costs associated with road repairs and resurfacing in Beat 3 Choctaw County.................................................... $300,000.00
(cj) To assist Choctaw County, Mississippi, in paying costs associated with road repairs and resurfacing in Beat 1 Choctaw County.................................................... $150,000.00
(ck) To assist Choctaw County, Mississippi, in paying costs associated with road repairs and resurfacing in Beat 5 Choctaw County.................................................... $150,000.00
(cl) To provide funds to be distributed equally among the following fire departments in Choctaw County to assist in paying various department costs: Reform Volunteer Fire Department, Town of Ackerman Fire Department, ByWy Volunteer Fire Department, Simpson Volunteer Fire Department, Town of Weir Fire Department, Panhandle Volunteer Fire Department, Union Volunteer Fire Department, Town of French Camp Fire Department.......................................... $200,000.00
(cm) To provide funds to be distributed equally among the following fire departments in Webster County to assist in paying various department costs: Tomnolen Fire Department, City of Eupora Fire Department and Town of Mathiston Fire Department................
..................................................... $75,000.00
(cn) To assist the Town of Ackerman, Mississippi, in paying costs associated with road repairs and resurfacing
.................................................... $250,000.00
(co) To assist the Town of Mathiston, Mississippi, in paying costs associated with improvements to the town's infrastructure.................................................... $200,000.00
(cp) To assist VFW Post 3806 in the City of Eupora, Mississippi, in paying costs associated with the Post building and Post activities........................................... $25,000.00
(cq) To assist American Legion Post 82 in the Town of Ackerman, Mississippi, in paying costs associated with the Post building and Post activities................................... $25,000.00
.................................................... $200,000.00
(cs) To provide funds to be distributed equally among the following fire departments in Winston County to assist in paying various department costs: Nanih Waiya Volunteer Fire Department, Shiloh Fire Department, City of Louisville Fire Department, Lo Butcha Volunteer Fire Department and Beth Eden Volunteer Fire Department.... $100,000.00
(ct) To assist the Town of Weir, Mississippi, in paying costs associated with repainting and other necessary repairs to the water tank.................................................... $200,000.00
(cu) To assist the City of Grenada, Mississippi, in paying costs associated with street resurfacing............ $1,000,000.00
(cv) To assist Grenada County, Mississippi, in paying costs associated with improvements to the Nat Trout Road and Hawkins Entrance.................................................... $500,000.00
(cw) To assist Carroll County, Mississippi, in paying costs associated with general road resurfacing and maintenance
.................................................... $750,000.00
(cx) To provide funds to be distributed equally among the eighteen (18) volunteer fire departments in Lauderdale County, Mississippi, to assist in paying various department costs........
.................................................... $360,000.00
(cy) To assist the City of Pontotoc, Mississippi, in paying costs associated with relocating the fire station on Main Street in the city to a less congested corner lot near the current location.................................................. $1,000,000.00
(cz) To assist the City of Pontotoc, Mississippi, in paying costs associated with the completion of a pavilion at the gateway to the Tanglefoot Trail..................................... $400,000.00
(da) To assist the City of Pontotoc, Mississippi, in paying costs associated with building and equipping a training center that provides trainee safety and live fire training to firefighters and first responders, benefitting both the Pontotoc City Fire Department and Pontotoc County volunteer fire departments............ $500,000.00
(db) To assist the City of Pontotoc, Mississippi, in paying costs associated with renovation of and upgrades, improvements and additions to the Pontotoc Town Square Museum and Post Office building and the McMackin House necessary to provide and improve accessibility to and inside the buildings through the Pontotoc County Historical Society..................................................... $50,000.00
(dc) To assist the Town of Como, Mississippi, in paying costs associated with road infrastructure repairs and improvements.....
.................................................... $500,000.00
(dd) To assist Adams County, Mississippi, with costs associated with the Carthage Point Road drainage repair and flood control project............................................. $500,000.00
(de) To assist the City of Natchez, Mississippi, for the purpose of providing funding to defray the expenses of the Concord Avenue Drainage Improvement Project for construction costs..............
.................................................... $500,000.00
(df) To assist the Town of Byhalia, Mississippi, in paying costs associated with relocation of water, sewer, gas utility lines and other equipment currently located on or near Mississippi Highway 309 near the Byhalia schools, and to assist in paying costs associated with street paving improvements to Mississippi Highway 309...... $1,000,000.00
(dg) To assist
the Town of Byhalia, Mississippi, * * * in paying costs associated
with the renovation of the historic Byhalia High School to provide civic,
business, and hospitality for the town.................................................... $500,000.00
(dh) To assist the Lafayette County Sheriff's Department in paying costs associated with building a substation in the Harmontown Community with Lafayette County...................... $250,000.00
(di) To assist the Town of New Houlka, Mississippi, in paying costs associated with the purchase of a new fire truck
.................................................... $150,000.00
(dj) To assist the City of Houston, Mississippi, in paying costs associated with repair and overlay of streets including Airport Road, Church Street, Pittsboro Street, Dulaney Street, 1st Avenue, Harrington Street, Washington Street, Hamilton Street, Castle Street, Scott Street, Terrace Road and 6th Avenue
.................................................... $400,000.00
(dk) To assist the Town of Bude, Mississippi, in paying costs associated with improvements to the town's existing sewer lagoon for cleaning, removing excessive vegetation and including, but not limited to dredging of sludge and sediment.................................
.................................................... $500,000.00
(dl) To assist the Tennessee Valley Authority in paying costs associated with performing an assessment of the Holly Springs, Mississippi Utility Department and to be used for cutting of the right-of-way of the Holly Springs Utility Department..................
.................................................... $500,000.00
(dm) To assist Benton County, Mississippi, in paying costs associated with repairs to the Benton County Historic
Courthouse.......................................... $300,000.00
(dn) To assist Benton County Sheriff's Department in paying costs associated with the purchase of equipment and vehicles $400,000.00
(do) To assist Benton County, Mississippi, in paying costs associated with improvements to Benton County Veterans Park
.................................................... $300,000.00
(dp) To assist the Town of Abbeville, Mississippi, in paying costs associated with repairs and additions to the town's water system.................................................... $500,000.00
(dq) To assist Union County, Mississippi, in paying costs associated with road maintenance on County Road 47 in Supervisors District 2 in Union County........................... $900,000.00
(dr) To assist DeSoto County, Mississippi, with providing funds to assist in paying costs associated with construction, furnishing and equipping of a training facility for the Walls Volunteer Fire Department.......................................... $250,000.00
(ds) To assist the City of Hattiesburg, Mississippi, in paying costs associated with improvements in infrastructure in the Midtown area of the city, including, but not limited to, roads, bridges, water, sewer, drainage, sidewalks, stormwater detention, land acquisition, utility relocation and lighting........................................
.................................................. $2,000,000.00
(dt) To assist * * *
the * * * Kiln Utility and Fire District with costs associated
with sewer system improvements in the areas of Kiln Delisle Road and Fenton
Dedeaux Road
.................................................... $500,000.00
(du) To assist the Town of Caledonia, Mississippi, in paying costs associated with the purchase and upgrades of equipment $150,000.00
(dv) To assist the Town of Caledonia, Mississippi, in paying costs associated with upgrading the town's lighting infrastructure.................................................... $350,000.00
(dw) To assist the Town of Brooksville, Mississippi, with matching funds for the Federal EPA Stag Grant to complete the town's water and wastewater infrastructure program.....................
.................................................... $500,000.00
(dx) To assist Noxubee County, Mississippi, in paying costs associated with the county's community sports complex redevelopment project including the addition of bleachers, concession stand, scoreboard, bathrooms and approximately four hundred (400) yards of roadway pavement..................................... $500,000.00
(dy) To provide funds to be distributed equally among the following fire departments in Scott County, Mississippi, to assist in purchasing equipment: Forest Fire Department, North Scott Volunteer Fire Department, Homewood Volunteer Fire Department, Lake Volunteer Fire Department, Liberty Volunteer Fire Department, Ludlow Volunteer Fire Department, Morton Fire Department and Sebastopol Fire Department.................................................... $200,000.00
(dz) To assist the City of Forest, Mississippi, in paying costs associated with constructing and developing a turn lane at a road by Tyson Foods for safety purposes................... $250,000.00
(ea) To assist the Town of Summit, Mississippi, for purpose of building a fire station for Summit Rural Fire Department $500,000.00
(eb) To assist Pike County, Mississippi, in paying costs associated with renovation and repairs to the Courthouse Complex buildings........................................... $750,000.00
(ec) To assist * * * Pike
County, Mississippi, in paying costs associated with a building to house
the ladder truck, 18-wheeler tanker truck, rescue pumper and smaller tanker truck
for the Sunnyhill Volunteer Fire Department...................................... $250,000.00
(ed) To assist the City of Columbia, Mississippi, in paying costs associated with the RA Johnson Drive stormwater retention pond project............................................. $300,000.00
(ee) To assist the City of Columbia, Mississippi, in paying costs associated with downtown storm drainage system improvements.................................................... $500,000.00
(ef) To assist Marion County, Mississippi, in paying costs associated with paving roads within the county........ $500,000.00
(eg) To assist
Marion County, Mississippi, in paying costs associated with roof repairs * * *................... $500,000.00
(eh) To assist the City of Purvis, Mississippi, in paying costs associated with VFW Post 3955 to expand and modernize the facility.................................................... $150,000.00
(ei) To assist the City of Pearl, Mississippi, in paying costs associated with construction of a bridge extending from the intersection of the extension of Ware Street and relocated St. Augustine Street to Pearson Road in the City of Pearl.................... $500,000.00
(ej) To assist the Town of Carrollton, Mississippi, in paying costs associated with the installation of high speed service via Delta Lightspeed.......................................... $400,000.00
(ek) To assist the Town of North Carrollton, Mississippi, in paying costs associated with the installation of high speed service via Delta Lightspeed..................................... $350,000.00
(el) To assist the City of Greenwood, Mississippi, in paying costs associated with improvements to Yazoo River Trail and Yazoo River Landing............................................. $750,000.00
(em) To assist Montgomery County, Mississippi, in paying costs associated with an emergency generator, 65kw transfer switch, concrete pad and installation for the Stewart Water Association $100,000.00
(en) To assist the Town of Kilmichael, Mississippi, in paying costs associated with purchasing turnout suits and equipment for the Kilmichael Volunteer Fire Department............................
.................................................... $100,000.00
(eo) To assist Montgomery County, Mississippi, for the purpose of the Red Hill Volunteer Fire Department............. $250,000.00
(ep) To assist the City of Winona, Mississippi, in paying costs associated with purchasing a fire truck......... $450,000.00
(eq) To assist Carroll County, Mississippi, in paying costs associated with improvements to County Road 83..................
.................................................... $700,000.00
(er) To assist the City of Tylertown, Mississippi, in paying costs associated with infrastructure improvements................
.................................................... $500,000.00
(es) To assist Walthall County, Mississippi, in paying costs associated with the construction of a frontage road along the south side of Highway 98 Bypass................................. $750,000.00
(et) To assist the City of Gautier, Mississippi, in paying costs associated with construction of the Mississippi Songwriters Performing Arts Center............................. $2,000,000.00
(eu) To assist the City of Gautier, Mississippi, in paying costs associated with constructing an inclusion and Americans With Disabilities Act (ADA) approved park area including, but not limited to, playground equipment for children with disabilities. $1,000,000.00
(ev) To assist the City of Gautier, Mississippi, in paying costs associated with improvements to Town Commons Park, including, but not limited to, parking and through roads for an amphitheater.................................................. $2,000,000.00
(ew) To assist the City of Water Valley, Mississippi, in paying costs associated with maintenance, repairs and facilitation of broadband service by the city electric department
.................................................... $750,000.00
(ex) To assist the City of Charleston, Mississippi, in paying costs associated with improvement and restoration of city streets.................................................... $500,000.00
(ey) To assist Yalobusha County, Mississippi, by providing funds to be used as matching funds for the Tennessee Valley Authority grant for the industrial park........................ $100,000.00
(ez) To assist the City of Water Valley, Mississippi, in paying costs associated with restoration and maintenance of the Water Valley Civic Center.................................. $250,000.00
(fa) * * * [Deleted]
(fb) To assist the City of Starkville, Mississippi, in paying costs associated with the city's Main Street Project.............
.................................................. $1,500,000.00
(fc) To assist the Town of Sumner, Mississippi, in paying costs associated with the construction of a police department building and related facilities............................... $250,000.00
(fd) To assist the Town of Webb, Mississippi, in paying costs associated with the construction of a community center...........
.................................................... $250,000.00
(fe) To assist Newton County, Mississippi, in paying costs associated with purchasing a fire truck............... $250,000.00
(ff) To assist the Town of Decatur, Mississippi, in paying costs associated with the purchase of two (2) patrol vehicles and equipment........................................... $125,000.00
(fg) To assist the Town of Sebastopol, Mississippi, in paying costs associated with a building extension and fixtures for the town police department.................................... $250,000.00
(fh) To assist the Town of Seminary, Mississippi, in paying costs associated with water and sewer infrastructure improvements.................................................... $250,000.00
(fi) To assist Jefferson Davis County, Mississippi, in paying costs associated with improvements to Broome Road................
.................................................... $100,000.00
(fj) To assist Jones County, Mississippi, in paying costs associated with mill and overlay to Graves Road and adjoining streets from Buffalo Hill road to the city limits of Ellisville, Mississippi, and to extend the project to Mississippi Highway 588, and for other paving projects in the county
.................................................... $600,000.00
(fk) To assist the City of Laurel, Mississippi, in paying costs associated with additions to and expansion of the Veterans Memorial Museum in Laurel, Mississippi........................ $200,000.00
(fl) To assist Jones County Junior College in paying costs associated with construction of a building to house the School of Design.................................................... $200,000.00
(fm) To assist the City of Brandon, Mississippi, in paying costs associated with infrastructure repairs, maintenance, upgrades and improvements....................................... $1,000,000.00
(fn) To provide funds to be distributed equally among the following fire departments in Jasper County: Bay Springs Volunteer Fire Department, Central Volunteer Fire Department, Fellowship Volunteer Fire Department, Hal Volunteer Fire Department, Lake Eddins Volunteer Fire Department, Louin Volunteer Fire Department, Montrose Volunteer Fire Department, Mossville Volunteer Fire Department, Northeast Jasper Volunteer Fire Department, Paulding Volunteer Fire Department and Rose Hill Volunteer Fire Department....................... $110,000.00
(fo) To assist Clarke County, Mississippi, in paying costs associated with infrastructure for the new Howard Industrial Expansion Plant, including, but not limited to, water, sewer and fencing $500,000.00
(fq) To assist Tippah County, Mississippi, in paying costs associated with the destruction of the old Tippah County Hospital.................................................... $500,000.00
(fr) To assist the Town of Blue Mountain, Mississippi, in paying costs associated with the purchase of equipment for the town's fire department...................................... $50,000.00
(fs) To assist the Town of Walnut, Mississippi, in paying costs associated with the purchase of equipment for the town's fire department.......................................... $100,000.00
(ft) To assist the City of Ripley, Mississippi, in paying costs associated with the purchase of equipment for the city's fire department.......................................... $175,000.00
(fu) To assist the Town of Falkner, Mississippi, in paying costs associated with the purchase of equipment for the town's fire department........................................... $50,000.00
(fv) To assist the Town of Dumas, Mississippi, in paying costs associated with the purchase of equipment for the town's fire department..................................................... $50,000.00
(fw) To assist Tippah County, Mississippi, in paying costs association with the purchase of equipment for the Tippah County Sheriff's Department................................. $100,000.00
(fx) To assist the Town of Falkner, Mississippi, in paying costs associated with the Heritage Museum............. $30,000.00
(fy) To assist * * * the CREATE Foundation
with creating a Target Endowment Fund for various projects in * * * Tippah County, Mississippi ......................................... $75,000.00
(fz) To assist
VFW Post 4881 in the City of Ripley, Mississippi, in paying costs associated
with building maintenance * * * for VFW Post 4881..................................................... $25,000.00
(ga) To assist
American Legion Post 81 in the City of Ripley, Mississippi, with
costs associated * * *
with building maintenance * * *..................................................... $25,000.00
(gb) To assist the Town of Walnut, Mississippi, in paying costs associated with gas system improvements...................
..................................................... $75,000.00
(gc) To assist Sharkey County, Mississippi, in paying costs associated with repairs to the Sharkey County Courthouse located in Rolling Fork, Mississippi.......................... $1,000,000.00
(gd) To assist Hinds County, Mississippi, in paying costs associated with purchasing and installing surveillance cameras on Dixon Road, McCain Avenue and South Drive.............................
..................................................... $25,000.00
(ge) To assist the City of Verona, Mississippi, in paying costs associated with site work and infrastructure related to the Old Town Project........................................ $500,000.00
(gf) To assist the Town of Taylorsville, Mississippi, in paying costs associated with infrastructure repair and to upgrade water, sewer and fire protection systems to industrial area.. $350,000.00
(gg) To assist the City of Guntown, Mississippi, in paying costs associated with repairing, reconstruction, resurfacing and other improvements such as curbs, drainage to Mike Avenue and to bring the road up to code, and any remaining funds shall be used for costs associated with making improvements to other streets in the city. $750,000.00
(gh) To assist Prentiss County, Mississippi, in paying costs associated with making improvements to roads and bridges in Supervisors District 3 in Prentiss County........................ $300,000.00
(gi) To assist the Town of Lena, Mississippi, in paying costs associated with road and water infrastructure
projects............................................ $500,000.00
(gj) To assist the Town of D'Lo, Mississippi, in paying costs associated with construction of a fire station
..................................................... $50,000.00
(gk) To assist the Town of D'Lo, Mississippi, in paying costs associated with Phase II of paving town streets including First Street from Highway 149 to South Pine, Second Street from Highway 149 to South Maple, Third Street from Highway 149 to South Maple, Fourth Street from Highway 149 to South Maple and Cemetary Road.......... $250,000.00
(gl) To assist the Town of D'Lo, Mississippi, in paying costs associated with Phase III of paving town streets including South Oak from Highway 540 to end, West Fifth from Highway 149 to South Oak, East Fifth from Highway 149 to South Oak, West Pecan from Willow Street to Highway 149, and East Pecan from Highway 149 to Water Tower... $250,000.00
(gm) To assist Rankin County, Mississippi, to provide funds to be distributed equally among the following fire departments in Rankin County: Cleary Volunteer Fire Department, Star Volunteer Fire Department, Florence Volunteer Fire Department, SW Rankin Volunteer Fire Department and Monterey Volunteer Fire Department...... $75,000.00
(gn) To assist Copiah County, Mississippi, to provide funds to be distributed equally among the following fire departments in Copiah County: Crystal Springs Volunteer Fire Department, Hopewell Volunteer Fire Department, New Zion Volunteer Fire Department and Dentville Volunteer Fire Department.......................................
..................................................... $60,000.00
(go) To assist Simpson County, Mississippi, with costs associated with the Old Pearl Volunteer Fire Department
..................................................... $15,000.00
(gp) To assist Rankin County, Mississippi, with funds associated with the road connecting U.S. Highway 49 to Pearson Road.................................................... $500,000.00
(gq) To assist the City of Crystal Springs, Mississippi, in paying costs associated with Chautauqua Park Amphitheater $500,000.00
(gr) * * * [Deleted]
(gs) To assist the City of Ocean Springs, Mississippi, in paying costs associated with GIS mapping of infrastructure
..................................................... $75,000.00
(gt) To assist the City of Ocean Springs, Mississippi, in paying costs associated with improvements or adding turn lanes, curbs, drainage and sidewalks............................... $400,000.00
(gu) To assist the City of Ocean Springs, Mississippi, in paying costs associated with covering the stage located at Fort Maurepas.................................................... $450,000.00
(gv) To the Mississippi Development Authority for the purpose of providing funding to WISPR Systems in Batesville, Mississippi, for research and development to expand its current small Unmanned Aircraft Systems (sUAS) manufacturing capabilities in Mississippi $500,000.00
(gw) To assist the Mississippi Organ Recovery Agency in paying costs associated with a statewide communications
program............................................. $500,000.00
(gx) To assist the City of Senatobia, Mississippi, in paying costs associated with water, sewer and road infrastructure renovations in the Downtown Historic District..................................
.................................................. $2,000,000.00
(gy) To assist Rankin County, Mississippi, in paying costs associated with infrastructure improvements on the I-20 Connector Loop Project........................................... $3,000,000.00
(gz) To assist the City of Senatobia, Mississippi, in paying costs associated with infrastructure repairs and improvements at the Senatobia Sports Park................................ $600,000.00
(ha) To assist the City of Senatobia, Mississippi, in paying costs associated with sewer and water improvements to the New Image Water and Sewer System................................... $2,000,000.00
(hb) To assist Tate County, Mississippi, with reimbursement of funds for costs associated with Tate County Courthouse parking facility renovations; any remaining funds may be spent on drainage and road repairs as determined by the Tate County Board of Supervisors.................................................. $1,650,000.00
(hc) To assist the Mississippi Department of Transportation in paying costs associated with improvements at the intersection of Highway 51 and Porter Street, and at the intersection of Highway 4 and I-55 intersection within the city limits of the City of Senatobia, Mississippi.................................................... $750,000.00
(hd) To assist Northwest Mississippi Community College in paying costs associated with capital infrastructure and repairs to the main campus facilities............................. $2,000,000.00
(he) To assist the Cottonville-Savage Rural Water Association in paying costs associated with construction, repair and maintenance of, and acquiring equipment for, a water system
.................................................... $285,000.00
(hf) To assist Holmes Community College in paying costs associated with the construction of a new Allied Health building
.................................................. $1,000,000.00
(hg) To assist the Kosciusko School District in paying costs associated with infrastructure, construction and improvements to facilities throughout the district..............................
.................................................. $1,000,000.00
(hh) To assist the Edinburg Domestic Water Association in paying costs associated with the construction, repair and maintenance of, and acquiring equipment for, a water system.....................
.................................................... $150,000.00
(hi) To assist Leake County, Mississippi, in paying costs associated with the construction, repair and renovation of North Jordan Street............................................ $2,500,000.00
(hj) To assist Leake County, Mississippi, in paying costs associated with the construction, repair and renovation of Red Dog Road.................................................... $925,000.00
(hk) To assist Leake County, Mississippi, in paying costs associated with the local workforce initiative of the Leake County Development Association for students in Leake County.............
..................................................... $50,000.00
(hl) To assist Holmes County, Mississippi, in paying costs associated with road resurfacing and repairs in Supervisors District 2 of the county.......................................... $500,000.00
(hm) To assist the City of Carthage, Mississippi, in paying costs associated with the construction, repair and renovation of the Carthage Coliseum.................................. $1,000,000.00
(hn) To assist Leake County, Mississippi, in paying costs associated with acquiring firefighting equipment for Leake County fire departments......................................... $100,000.00
(ho) To assist the Town of West, Mississippi, in paying costs associated with infrastructure improvements, renovations and rehabilitation of existing town properties, including, but not limited to, the Welcome Center, City Hall, Old City Hall and the Library, as well as the purchase of a new police vehicle, including the necessary equipment to outfit the vehicle.................................
.................................................... $300,000.00
(hp) To assist Attala County, Mississippi, in paying costs associated with the construction of an Attala County Fire Station, an Emergency Operations Center and E-911
Telecommunications Center.......................... $3,600,000.00
(hq) To assist Attala County, Mississippi, in paying costs associated with the repair or replacement of the roof for the Old Jack Post Industrial Building............................. $850,000.00
(hr) To assist the City of Kosciusko, Mississippi, in paying costs associated with the construction, renovation and rehabilitation of the Strand Theatre................................... $500,000.00
(hs) To assist the Carmack Community Club in Attala
County, Mississippi, in paying costs associated with the renovation, construction
and rehabilitation of a building for the * * * club... $200,000.00
(ht) To assist the Possumneck-Carmack Water Association in paying costs associated with the construction, repair and maintenance of, and acquiring equipment for, the water association...............
.................................................... $150,000.00
(hu) To assist Zama Water Association in paying costs associated with the construction, repair and maintenance of, and acquiring equipment for, the water association........ $150,000.00
(hv) To assist the Department of Finance and Administration in paying costs associated with the program established under Section 3 of House Bill No. 419, 2023 Regular Session.............. $300,000.00
(hw) To assist Jasper County, Mississippi, in paying costs associated with repairs, resurfacing and improvements to roads and bridges.......................................... $ 1,100,000.00
(hx) To assist the Town of Heidelberg, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 300,000.00
(hy) To assist the City of Bay Springs, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 150,000.00
(hz) To assist the East Jasper Consolidated School District
in paying costs associated with * * * repairs and renovations
of the old Heidelberg Academy................................ $ 150,000.00
(ia) To assist Forrest County, Mississippi, in paying costs associated with repairs and improvements on Monroe Road
Extension......................................... $ 325,000.00
(ib) To assist Lawrence County, Mississippi, in paying costs associated with pavement maintenance for the N.A. Sandifer Highway $ 1,000,000.00
(ic) To assist Lincoln County, Mississippi, in paying costs associated with repairs and renovations to the county courthouse $ 250,000.00
(id) To assist Holmes County, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 500,000.00
(ie) To assist the City of Lexington, Mississippi, in paying costs associated with renovations to the city hall and the municipal fire station.......................................... $ 500,000.00
(if) To assist the Town of Tchula, Mississippi, in paying costs associated with repairs, resurfacing and improvements to town streets.......................................... $ 250,000.00
(ig) To assist the City of Olive Branch, Mississippi, in paying costs associated with the improvement and expansion of aircraft hangers.......................................... $ 1,500,000.00
(ih) To assist Marshall County, Mississippi, in paying costs associated with building the Chickasaw Trail Emergency Response Center................................................. $ 1,500,000.00
(ii) To assist Desoto County, Mississippi, in paying costs associated with a parking lot and staging improvements at the National Guard Armory...................................... $ 500,000.00
(ij) To assist the City of Byram, Mississippi, in paying costs associated with drainage repair projects........................
................................................. $ 500,000.00
(ik) To assist the City of Byram, Mississippi, in paying costs associated with improvements to the Terry Road Bridge............
................................................. $ 250,000.00.
(il) To assist the Town of Terry, Mississippi, in paying costs associated with the renovation of a community center and improvements to Main Street....................................... $ 300,000.00
(im) * * * [Deleted]
(in) To assist the City of Oxford, Mississippi, in paying costs associated with the construction of a new police station.. $ 1,000,000.00
(io) To assist Panola County, Mississippi, in paying costs associated with improvements at the Panola County
Airport.......................................... $ 500,000.00
(ip) To assist the City of Louisville, Mississippi, in paying costs associated with infrastructure improvements for the North and South Industrial Road Project........................... $ 2,000,000.00
(iq) To assist Neshoba County, Mississippi, in paying costs associated with the purchase of equipment for the Neshoba County Sheriff's Department.............................. $ 200,000.00
(ir) To assist the Brewer Community Association, Inc., in paying costs associated with the improvement and operation of the community center in Brewer, Mississippi............ $ 150,000.00
(is) To assist Tammy Wynette Legacy Park in paying costs associated with the improvement and operation of the Tammy Wynette Legacy Center in the Town of Tremont, Mississippi......................
................................................. $ 150,000.00
(it) To assist the Prairie Rural Community Development Club in paying costs associated with the improvement and operation of the former Prairie School in Prairie, Mississippi..........................
................................................. $ 150,000.00
(iu) To assist the City of Tupelo, Mississippi, in paying costs associated with improvements to Ballard Park including, but not limited to, inclusive playground equipment and any necessary playground equipment for special needs children............................
................................................. $ 500,000.00
(iv) To assist Jefferson County, Mississippi, in paying costs associated with infrastructure improvements to roads and bridges $ 100,000.00
(iw) To assist Claiborne County, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 500,000.00
(ix) To assist Claiborne County, Mississippi, in paying costs associated with improvements to law enforcement
facilities........................................ $ 225,000.00
(iy) To assist Copiah County, Mississippi, in paying costs associated with the demolition of the former hospital complex in the City of Hazlehurst..................................... $ 75,000.00
(iz) To assist the City of Natchez, Mississippi, in paying costs associated with various drainage projects.................
................................................. $ 500,000.00
(ja) To assist the Gulfport Redevelopment Commission in paying costs associated with a mixed-use downtown development project, including general infrastructure to leverage public and private investment $ 2,000,000.00
(jb) To assist the City of Magee, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 500,000.00
(jc) To assist the City of Mendenhall, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 500,000.00
(jd) To assist the Village of Puckett, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 500,000.00
(je) To assist Montgomery County, Mississippi, in paying costs associated with the installation of traffic signals at the intersection of U.S. Highway 82 and Middleton Road and at the intersection of U.S. Highway 82 and Mission Road.....................................
................................................. $ 700,000.00
(jf) To assist Grenada County, Mississippi, in paying costs associated with improvements to Nat G. Trout Road................
................................................. $ 500,000.00
(jg) To assist the Kosciusko School District in paying costs associated with renovations and improvements to the Skipworth Auditorium................................................. $ 500,000.00
(jh) To assist Attala County, Mississippi, in paying costs associated with the repair and/or replacement of the roof of the Jack Post Industrial Building.......................... $ 250,000.00
(ji) To assist the City of Kosciusko, Mississippi, in paying costs associated with repairs and renovations to the
Strand........................................... $ 250,000.00
(jj) To assist Greene County, Mississippi, in paying costs associated with the purchase of equipment for the Emergency 911 Call Center........................................... $ 705,000.00
(jk) To assist Greene County, Mississippi, in paying costs associated with the construction of a county-owned
building......................................... $ 400,000.00
(jl) To assist Greene County, Mississippi, in paying costs associated with the rehabilitation and repair of the Greene County Rural Events Center..................................... $ 600,000.00
(jm) To assist the Mississippi Department of Transportation in paying costs associated with widening and improvements to State Highway/Old Highway 63 from Highway 57 to Highway 63 in Greene County, Mississippi....................................... $ 1,000,000.00
(jn) To assist George County, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 300,000.00
(jo) To assist Greene County, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 550,000.00
(jp) To assist the Town of State Line, Mississippi, in paying costs associated with Hurricane Zeta.............. $ 250,000.00
(jq) To assist Wayne County, Mississippi, in paying costs associated with the repair and upgrades to courtrooms............
................................................. $ 75,000.00
(jr) To assist the City of D'Iberville, Mississippi, in paying costs associated with the extension of Mallet Road...............
................................................. $ 2,500,000.00
(js) To assist the Mississippi State University Research and Technology Corporation in paying costs associated with the Mississippi Cybersecurity Center adjacent to Keesler Air Force Base $15,000,000.00
(jt) To assist the Jackson County School District in paying costs associated with repairs and renovations to facilities at St. Martin High School...................................... $ 1,000,000.00
(ju) To assist Jackson County, Mississippi, in paying costs associated with upgrades at the intersection of Jim Ramsey Road and Old Fort Bayou Road................................... $ 500,000.00
(jv) To assist the City of Ocean Springs, Mississippi, in paying costs associated with repairs and restoration of the Mary C. O'Keefe Cultural Arts Center...................... $ 250,000.00
(jw) To assist the Lamar County School District in paying costs associated with the development of the new courtyard at the Sumrall High School...................................... $ 1,400,000.00
(jx) To assist the Town of Seminary, Mississippi, in paying costs associated with water and sewer improvements...............
................................................. $ 250,000.00
(jy) To assist the City of Collins, Mississippi, in paying costs associated with water and sewer improvement near the Collins Civic Center........................................... $ 400,000.00
(jz) To assist the City of Flowood, Mississippi, in paying costs associated with infrastructure improvements on Flowood Drive $ 1,500,000.00
(ka) To assist the City of Flowood, Mississippi, in paying costs associated with infrastructure improvements on Liberty Road and at Liberty Park...................................... $ 1,250,000.00
(kb) To assist Rankin County, Mississippi, in paying costs associated with infrastructure improvements on the I-20 Connector Loop Project.......................................... $ 4,500,000.00
(kc) To assist the City of Meridian, Mississippi, in paying costs associated with infrastructure improvements to North Hills Street from Highway 19 to Highway 39..................... $ 3,400,000.00
(kd) To assist the Kemper County School District in paying costs associated with software and training programs for the Career and Technical Education Center........................ $ 200,000.00
(ke) To assist the City of Picayune, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 500,000.00
(kf) To assist the City of Poplarville, Mississippi, in paying costs associated with the purchase of public safety vehicles, public works vehicles and equipment, fire protection purchases, street paving and drainage improvements......................... $ 1,000,000.00
(kg) To assist the City of Vicksburg, Mississippi, in paying costs associated with repairs to the Fisher Ferry
Bridge.......................................... $ 4,000,000.00
(kh) To assist the City of Vicksburg, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 500,000.00
(ki) To assist the South Delta School District in paying costs associated with asbestos demolition and remediation..............
................................................. $ 350,000.00
(kj) To assist with Pearl River Valley Water Supply District for the dredging fund............................. $ 2,000,000.00
(kk) To assist the Lighthouse Academy for Dyslexia in Ocean Springs with costs associated for general purposes for dyslexia services................................................... $ 195,000.00
(kl) To assist the Culkin Water District with the reconstruction of water lines for an industrial park, schools, hospital and other accounts................................ $ 1,500,000.00
(km) To assist Warren County, Mississippi, in paying costs associated with upgrades and improvements to the historic Old Courthouse and grounds in Vicksburg.......................... $ 2,000,000.00
(kn) To assist Yazoo County, Mississippi, in paying costs associated with construction and repairs to the Lake George Bridge $ 3,000,000.00
(ko) To assist the City of Ridgeland, Mississippi, in paying costs associated with the construction of the Commerce Park Connector Road............................................. $ 2,000,000.00
(kp) To assist the City of Jackson, Mississippi, in paying costs associated with repairs, renovation and upgrades to the Jackson Planetarium....................................... $ 1,000,000.00
(kq) To assist the City of Jackson, Mississippi, in paying costs associated with repairs, renovations and upgrades to Thalia Mara Hall............................................. $ 1,500,000.00
(kr) To assist the Town of Bolton, Mississippi, in paying
costs associated with repairs and renovations to the * * * police department ....................................... $
50,000.00
(ks) To assist Tunica County, Mississippi, in paying costs associated with repairs, resurfacing and improvements and traffic signal upgrades on Casino Strip Resort Boulevard.......................
................................................. $ 500,000.00
(kt) To assist the Town of Lambert, Mississippi, in paying costs associated with equipment purchases for the town's fire department................................................. $ 100,000.00
(ku) To assist the City of Hattiesburg, Mississippi, in paying costs associated with improvements in infrastructure in the Midtown area of the city, including, but not limited to, roads, bridges, water, sewer, drainage, sidewalks, stormwater detention, land acquisition, utility relocation and lighting........................................
................................................. $ 2,000,000.00
(kv) To assist Perry County, Mississippi, in paying costs associated with the construction of a roadway and a bridge to access the Perry County Industrial Park...................... $ 750,000.00
(kw) To assist the City of Greenwood, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 500,000.00
(kx) To assist the Mississippi Development Authority in providing reimbursements for Major League Baseball mandated alterations and improvements to Trustmark Park................ $ 1,300,000.00
(ky) To assist the Town of Gloster, Mississippi, in paying costs associated for infrastructure improvements to Gloster Road, Georgia Pacific 1 Road, Georgia Pacific 2 Road, Pepper House Road and East Railroad Avenue................................... $ 2,500,000.00
(kz) To assist the City of Pearl, Mississippi, in paying costs associated with lighting improvements on U.S. Highway 80 $ 1,500,000.00
(la) To assist the City of Richland, Mississippi, in paying costs associated with the U.S. Highway 49 pedestrian crossover.. $ 500,000.00
(lb) To assist the City of Newton, Mississippi, in paying costs associated with demolition, repairs and renovations of the Medical and Community Facility............................ $ 1,500,000.00
(lc) To assist the City of Forest, Mississippi, in paying costs associated with infrastructure improvements to Jack Lee Drive and Old Morton Road.................................. $ 250,000.00
(ld) To assist the City of Hernando, Mississippi, in paying costs associated with the installation of a roundabout at the intersection of U.S. Highway 51 and Oak Grove Road...............
................................................. $ 1,500,000.00
(le) To assist Lee County, Mississippi, in paying costs associated with the acquisition of real property adjacent to Turner Industrial Park for the purpose of site expansion and rail spur improvements...................................... $ 1,000,000.00
(lf) To assist Lee County, Mississippi, in paying costs associated with the purchase of a fire truck for the Richmond Fire Department in the Richmond community of Lee County...............
................................................. $ 358,000.00
(lg) To assist the City of Saltillo, Mississippi, in paying costs associated with the construction of a new fire station.... $ 1,000,000.00
(lh) To assist the City of Gluckstadt, Mississippi, in paying costs associated with the construction of a municipal court building and a police station.................................. $ 750,000.00
(li) To assist the City of Madison, Mississippi, in paying costs associated with the Madison Avenue bypass to U.S. Highway 51 $ 2,000,000.00
(lj) To assist the City of Bay St. Louis, Mississippi, in paying costs associated with infrastructure improvements.........
................................................. $ 250,000.00
(lk) To assist Hancock County, Mississippi, in paying costs associated with infrastructure improvements.....................
................................................. $ 500,000.00
(ll) To assist the City of Waveland, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 250,000.00
(lm) To assist the Horn Lake Creek Basin Interceptor Sewer District in paying the costs associated with infrastructure improvements................................................. $ 2,000,000.00
(ln) To assist the Twenty-third Circuit Court District in paying costs associated with the District Attorney's Office......
................................................. $ 275,000.00
(lo) To assist the City of Southaven, Mississippi, in paying costs associated with traffic signal and intersection improvements at Stateline Road and Swinnea Road................... $ 300,000.00
(lp) To assist the City of Southaven, Mississippi, in paying costs associated with upgrades and improvements to Snowden Grove Park $ 500,000.00
(lq) To assist the City of Southaven, Mississippi, in paying costs associated with a traffic signal and intersection improvements at Church Road and Tchulahoma Road.................................
................................................. $ 350,000.00
(lr) To assist * * * Horn Lake Water * * * Association, Inc. in paying
costs associated with a water meter replacement
................................................. $ 250,000.00
(ls) To assist Alcorn County, Mississippi, in paying costs associated with infrastructure improvements to the Industrial Access Roadway.......................................... $ 500,000.00
(lt) To assist the City of Corinth, Mississippi, in paying costs associated with the Polk Street bridge replacement project $ 1,500,000.00
(lu) To assist Blue Mountain Christian University in paying costs associated with the nursing school........... $ 250,000.00
(lv) To assist the City of Farmington, Mississippi, in paying the costs associated with the purchase of vehicles and equipment for the police department................................. $ 100,000.00
(lw) To assist Lamar County, Mississippi, in paying costs associated with infrastructure improvements to the roundabout at Oak Grove Road and Weathersby Road.................... $ 1,500,000.00
(lx) To assist the Jackson County Economic Development Foundation in paying costs associated with the employment of career coaches for the Jackson County School District..................
................................................. $ 600,000.00
(ly) To assist Jackson County, Mississippi, in paying costs associated with road and bridge repairs in Supervisor District 1 $ 300,000.00
(lz) To assist Washington County, Mississippi, in paying
costs associated with repair and renovations of Estes Street, Airdale Drive * * *, Sidney Street and other streets
................................................. $ 600,000.00
(ma) To assist the Town of Metcalfe, Mississippi, in paying costs associated with repairs, renovations and
technological enhancements of town hall............ $ 100,000.00
(mb) To assist the Town of Benoit, Mississippi, in paying costs associated with repairs, renovations and
technological enhancements of town hall............ $ 100,000.00
(mc) To assist the City of Leland, Mississippi, in paying costs associated with repairs, renovations and
technological enhancements of city hall............ $ 75,000.00
(md) To assist Washington County, Mississippi, in paying costs associated with improvements, renovations, repairs and upgrades to the Greenville Mid-Delta Airport...................... $ 500,000.00
(me) To assist the City of Cleveland, Mississippi, in paying costs associated with infrastructure and drainage
improvements...................................... $ 500,000.00
(mf) To assist Bolivar County, Mississippi, in paying costs associated with the expansion of the Terrene Landing River Boat Dock and improvements to Terrene Landing Road............................
................................................. $ 400,000.00
(mg) To assist Tishomingo County, Mississippi, in paying costs associated with the repair, renovation and expansion of the General Building 1016 at the Tri-State Commerce Park....................
................................................. $ 650,000.00
(mh) To assist the City of Fulton, Mississippi, in paying costs associated with construction, renovation and repair of an acquired building to repurpose for use as the city hall..................
................................................. $ 250,000.00
(mi) To assist the Town of Marietta, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 200,000.00
(mj) To assist the Town of Mantachie, Mississippi, in paying costs associated with infrastructure improvements for the Fawn Grove Industrial Park................................... $ 148,000.00
(mk) To assist the Town of Tishomingo, Mississippi, in paying costs associated with the replacement of gate valves and other water infrastructure projects........................... $ 150,000.00
(ml) To assist the Village of Paden, Mississippi, in paying costs associated with the repairs and renovations of a village-owned industrial building............................... $ 150,000.00
(mm) To assist Itawamba County, Mississippi, in paying costs associated with repairs and renovations to the RCDC
facilities....................................... $ 40,000.00
(mn) To assist Tishomingo County, Mississippi, in paying costs associated with repairs and renovations at the Old
Historical Courthouse............................. $ 100,000.00
(mo) To assist the Town of Bruce, Mississippi, in paying costs associated with equipment upgrades and other purchases for the town's police department................................. $ 50,000.00
(mp) To assist the Town of New Houlka, Mississippi, in paying costs associated with the purchase of a fire truck...............
................................................. $ 125,000.00
(mq) To assist Calhoun County, Mississippi, in paying costs associated with the repairs, paving and improvements of County Road 137................................................. $ 125,000.00
(mr) To assist Calhoun County, Mississippi, in paying costs associated with the repairs, paving and improvements of County Road 306................................................. $ 1,000,000.00
(ms) To assist the Pat Harrison Waterway District in paying costs associated with the relocation of a boat ramp..............
................................................. $ 100,000.00
(mt) To assist the Mississippi Department of Transportation in paying costs associated with a turn lane and traffic signal at the intersection of McArthur Street and Highway 145 in Quitman, Mississippi................................................. $ 100,000.00
(mu) To assist Clarke County, Mississippi, in paying costs associated with the purchase of vehicles and equipment for the Clarke County Sherriff's Department....................................
................................................. $ 100,000.00
(mv) To assist Yazoo County, Mississippi, in paying costs associated with repairs and improvements to roads and bridges... $ 500,000.00
(mw) To assist the Town of Cary, Mississippi, in paying costs associated with the construction of a fire station...............
................................................. $ 250,000.00
(mx) To assist Yazoo City, Mississippi, in paying costs associated with the repair and renovation of the Triangle Cultural Center................................................. $ 200,000.00
(my) To assist the City of Long Beach, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 750,000.00
(mz) To assist the City of Pass Christian, Mississippi, in paying costs associated with infrastructure improvements.........
................................................. $ 750,000.00
(na) To assist the City of Macon, Mississippi, in paying costs associated with the purchase of fire trucks and firefighting equipment for the city's fire department..................................
................................................. $ 350,000.00
(nb) To assist the City of West Point, Mississippi, in paying costs associated with repairs, resurfacing and improvements to streets................................................. $ 1,000,000.00
(nc) To assist Tate County, Mississippi, in paying costs associated with infrastructure improvements for the Chrome-Craft Redevelopment project............................. $ 1,000,000.00
(nd) To assist Union County, Mississippi, in paying costs associated with infrastructure improvements in Supervisor District 1 $ 300,000.00
(ne) To assist Union County, Mississippi, in paying costs associated with infrastructure improvements in Supervisor District 2 $ 300,000.00
(nf) To assist the Town of Potts Camp, Mississippi, in paying costs associated with infrastructure improvements................
................................................. $ 300,000.00
(ng) To assist Jackson County, Mississippi, in paying costs associated with the engineering and construction of the Jackson County Blueway Connection, along the Pascagoula River..................
................................................. $ 500,000.00
(nh) To assist the City of Pascagoula, Mississippi, in defraying expenses associated with a police substation for East Pascagoula........................................ $ 1,500,000.00
(ni) To assist the City of Ocean Springs, Mississippi, in paying costs associated with infrastructure improvements.........
................................................. $ 600,000.00
(nj) To assist the City of Starkville, Mississippi, in paying costs associated with the Starkville Main Street
Project.......................................... $ 500,000.00
(nk) To assist Oktibbeha County, Mississippi, with costs associated with roof repairs to the Town of Maben's Fire
Department........................................ $ 50,000.00
(nl) To assist Oktibbeha County, Mississippi, in * * * providing funds to be distributed
equally among the following fire departments to assist in paying various department
costs: Adaton Self Creek Volunteer Fire Department, Central Oktibbeha Fire Department,
Maben Fire Department, and Sturgis/District 4 Volunteer Fire Department $ 200,000.00
(nm) To assist Webster County, Mississippi, with costs associated with the repairs and maintenance of the Volunteer Fire Departments buildings............................. $ 250,000.00
(nn) To assist the City of Eupora, Mississippi, with costs associated with the purchase of a police vehicle................
................................................. $ 55,000.00
(no) To assist the Town of Weir, Mississippi, with costs associated with infrastructure improvement projects and purchasing vehicles for the police department................. $ 45,000.00
(np) To assist the Community Foundation for Mississippi in paying costs associated with providing direct services for reading intervention and training for teachers, and with renovations to building space to provide such services..................................
................................................. $ 500,000.00
(nq) To assist the Marty Stuart Congress of Country Music Museum in paying costs associated with the construction of Phase 2 of the museum in the City of Philadelphia, Mississippi; however, no funds may be disbursed for such purposes until the Department of Finance and Administration is provided proof that the museum, museum owner or museum governing body, as applicable, possesses the ownership rights to all Marty Stuart memorabilia, exhibits and/or other items or material displayed in the museum or has a written binding agreement to display Marty Stuart memorabilia and/or similar memorabilia for a period of at least twenty-five (25) years...................... $10,000,000.00
(nr) To provide funds to the Three Rivers Solid Waste Management Authority to construct, repair, renovate, expand, enhance, improve, and equip the Three Rivers Regional Landfill in the City of Pontotoc, Mississippi, and the three (3) Authority Transfer Stations located in the City of Oxford, Mississippi, Lee County, Mississippi, and Monroe County, Mississippi......................................
.................................................. $4,000,000.00
(ns) To assist the Chickasaw Inkana Foundation in paying costs associated with the construction, furnishing and equipping of the Chickasaw Heritage Center in the City of Tupelo, Mississippi $4,950,000.00
(nt) To assist the Scenic Rivers Development Alliance in paying costs associated with the Okhissa Lake Development Project.................................................. $8,000,000.00
(nu) To assist the City of Tupelo, Mississippi, with a match to federal funds for the construction of railroad improvements that run through the city for public safety and economic development improvements.................................................. $4,600,000.00
(nv) To assist Camp Kamassa in defraying expenses related to construction of buildings, facilities, complexes and related infrastructure..................................... $4,000,000.00
(nw) To assist Hinds Community College in paying costs associated with construction of the Health Science Complex at the Rankin Campus........................................... $16,000,000.00
(nx) To * * * assist the Columbus Redevelopment Authority in paying costs associated
with the Park View - Burns Bottom Project.................................................. $3,000,000.00
(ny) To the Prentiss County School District for upgrades to equipment, furnishings and facilities for the CTE program at Wheeler Attendance Center.................................. $1,000,000.00
(nz) To the Grenada School District for upgrades to equipment, furnishings and facilities for the CTE program..................
.................................................. $3,000,000.00
(oa) To the Itawamba County School District for upgrades to equipment, furnishings and facilities for the CTE program including equipment for aiding in logistics and maintenance... $4,000,000.00
(ob) To the George County School District for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................. $1,000,000.00
(oc) To the Jackson County School District for upgrades to equipment, furnishings and facilities for the CTE program at three high schools: East Central, Vancleave and St. Martin................
.................................................. $9,000,000.00
(od) To the South Tippah School District for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................... $500,000.00
(oe) To the Senatobia Municipal School District for upgrades to equipment, furnishings and facilities for the CTE program $500,000.00
(of) To the Attala County School District for upgrades to equipment, furnishings and facilities for the CTE program at Kosciusko-Attala County Career Tech Center................... $2,000,000.00
(og) To the Greene County School District for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................. $2,000,000.00
(oh) To the Lee County School District for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................... $350,000.00
(oi) To the Wayne County School District for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................... $500,000.00
(oj) To Long Beach High School for upgrades to equipment, furnishings and facilities for the CTE program..................
.................................................. $1,000,000.00
(ok) To the Newton County School System for upgrades to equipment, furnishings and facilities for the CTE program........
.................................................. $2,000,000.00
(ol) To the Tupelo Public School District for upgrades to equipment, furnishings and facilities for the CTE program........
................................................... $350,000.00.
SECTION 2. Section 4 of Chapter 549, Laws of 2023, is amended as follows:
Section 4. (1) Monies transferred pursuant to Section 1 of this act into the 2022 IHL Capital Improvements Fund created in Section 37-101-83, Mississippi Code of 1972, shall be disbursed by the Department of Finance and Administration, pursuant to the authority granted by the department's appropriation bill, Senate Bill No. 3043, 2023 Regular Session, to spend those monies, with the approval of the Board of Trustees of State Institutions of Higher Learning on those projects related to the universities under its management and control to pay the costs of capital improvements, renovation and/or repair of existing facilities, furnishings and/or equipping facilities for public facilities as hereinafter described:
AMOUNT
NAME PROJECT ALLOCATED
Alcorn State University......................... $ 13,197,500.00
Repair, renovation,
and expansion of and upgrades,
improvements and additions
to the David L. Whitney
Complex and Wellness
Center........................$ 13,197,500.00
Alcorn State University/Division of
Agriculture........................................$ 620,000.00
Preplanning for renovation
of the poultry science
facilities on the Lorman
Campus into a Poultry/Animal
Science Center Academic
Research Center Building
Complex.......................$ 620,000.00
Delta State University........................... $ 8,122,500.00
Repair, renovation,
and upgrading of
campus buildings
and facilities...............$ 2,800,000.00
Repair and renovation
of and upgrades,
improvements and
additions to the
Walter Sillers Coliseum.....$ 5,322,500.00
Jackson State University......................... $ 8,013,000.00
and equipping of a new
residence hall and related
facilities, and/or repairing and
renovating existing residence halls
and related facilities.......$ 8,013,000.00
Mississippi State University................... $ 20,732,500.00
Repair, renovation, construction,
acquisition of property, furnishing
and equipping of related
facilities to house the
College of Architecture,
Art and Design.............$ 5,732,500.00
Repair, renovation, construction,
acquisition of property, furnishing
and equipping of related
facilities of the Kinesiology
and Autism Building........$ 15,000,000.00
Mississippi State University/Division of
Agriculture, Forestry and Veterinary Medicine... $ 14,755,000.00
Repair and renovation
of and upgrades and
improvements to
Dorman Hall and
related facilities......$ 1,300,000.00
Preplanning for renovation
of and upgrades and
improvements to
the Bost Extension
Center...................$ 455,000.00
Repair and renovation
of and upgrades and
improvements to
Dorman Hall and
related facilities......$ 13,000,000.00
Mississippi University for Women................ $ 9,312,500.00
Repair, renovation,
and upgrading of
campus buildings
and facilities..........$ 8,712,500.00
Preplanning for repair
and renovation of
and upgrades and
improvements to Old
Pohl Gym................$ 300,000.00
Preplanning for repair
and renovation of
and upgrades and
improvements to the
Hogarth Center..........$ 300,000.00
Mississippi Valley State University............... $ 3,427,500.00
Demolition of Leflore Hall
and preplanning for
construction, furnishing
and equipping of a new
residence hall and related
facilities.............$ 3,427,500.00
University of Mississippi....................... $ 18,382,500.00
Planning and construction,
furnishing and
equipping of a
new building and
related facilities
to house the School
of Accountancy.........$ 14,382,500.00
Repair, renovation, and expansion
of the Nursing School in
Oxford.................$ 4,000,000.00
University of Mississippi Medical Center......... $ 56,886,500.00
Repair, renovation,
and upgrading of
campus buildings
and facilities.........$ 11,350,000.00
Upgrades and improvements
to elevators and related
facilities..............$ 4,000,000.00
Development and
implementation of
campus wayfinding
system................$ 1,536,500.00
Construction, furnishing
and equipping of a new Dental
School.........................................$40,000,000.00
University of Southern Mississippi............... $ 22,162,500.00
Construction, furnishing
and equipping of a new
science research facility.......$ 17,162,500.00
Repair and renovation of the
Criminal Justice Building
and improvements to the
Forensic Lab ..............$ 5,000,000.00
University of Southern Mississippi/Gulf
Coast Campuses...................................$ 11,140,000.00
Repair, renovation,
and upgrading of
campus buildings
and facilities at
the Gulf Coast
Research Laboratory,
Halstead Campus..........$ 640,000.00
Ocean Enterprise at
the Port of Gulfport $ 10,000,000.00
Dubard School and Children's
Center for Communication and
Development – Gulf Park campus
for furnishing and equipment...$ 500,000.00.
IHL Education and Research Center................$ 6,500,000.00
Replacement of a chiller
and related equipment
for the campus air
conditioning and
heating system; replacement
of cooling tower and
related equipment for
the campus air conditioning
and heating system;
replacement of roof for
the Universities Center;
and replacement of campus
emergency management
system........................$6,500,000.00
TOTAL......................................... $ 193,252,000.00
(2) (a) Amounts transferred into such special fund pursuant to Section 1 of this act shall be disbursed to pay the costs of projects described in subsection (1) of this section. If any monies in such special fund are not used within four (4) years after the date funds are transferred under Section 1 of this act into the special fund, then the institution of higher learning for which any unused monies are allocated under subsection (1) of this section shall provide an accounting of such unused monies to the Department of Finance and Administration.
(b) Monies in the special fund may be used to reimburse reasonable actual and necessary costs incurred by the Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, in administering or providing assistance directly related to a project described in subsection (1) of this section. An accounting of actual costs incurred for which reimbursement is sought shall be maintained for each project by the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management. Reimbursement of reasonable actual and necessary costs for a project shall not exceed two percent (2%) of the monies in the special fund used for such project. Monies authorized for a particular project may not be used to reimburse administrative costs for unrelated projects.
(3) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of monies deposited into the special fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by such department, which warrants shall be issued upon requisitions signed by the Executive Director of the Department of Finance and Administration, or his or her designee.
(4) Any amounts allocated to an institution of higher learning that are in excess of that needed to complete the projects at such institution of higher learning that are described in subsection (1) of this section may be used for general repairs and renovations at the institution of higher learning.
SECTION 3. Section 27-104-373, Mississippi Code of 1972, is amended as follows:
27-104-373. (1) A special fund, to be designated as the "2023 Local Improvements Projects Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the Department of Finance and Administration as provided in Section 28 of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.
(2) Contracts or purchases for projects funded with monies disbursed from the 2023 Local Improvements Projects Fund under Section 28 of Chapter 549, 2023 Regular Session, as amended by Section 1 of this act, that involve expenditures that are more than Five Thousand Dollars ($5,000.00) but not more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, must be made from the lowest and best bidder without publishing or posting advertisements for bids after obtaining at least two (2) competitive written bids. Any such contracts or purchases that involve expenditures that are more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, must be made from the lowest and best bidder after advertising for competitive bids and obtaining at least three (3) competitive written bids. "Competitive" means that the bids are developed based upon comparable identification of the needs and are developed independently and without knowledge of other bids or prospective bids. This provision of this subsection shall supersede any other provision of law to the contrary.
SECTION 4. Section 65-1-185, Mississippi Code of 1972, is amended as follows:
65-1-185. There is created in
the State Treasury a special fund to be designated as the "2023 DeSoto County Infrastructure
Improvements Fund," which shall consist of funds made available by the
Legislature in any manner and funds from any other source designated for deposit
into such fund. The fund shall be maintained by the State Treasurer as a separate
and special fund, separate and apart from the General Fund of the state. Monies
deposited into the fund shall be used by the * * * Mississippi
Department of Transportation, upon appropriation by the Legislature, to assist * * * in
paying the costs associated with infrastructure improvements on Interstate 55 from
Church Road to Goodman Road in Desoto County, Mississippi. Unexpended amounts remaining
in the fund at the end of a fiscal year shall not lapse into the State General Fund,
and any investment earnings or interest earned on amounts in the fund shall be deposited
to the credit of the fund.
SECTION 5. Section 65-1-187, Mississippi Code of 1972, is amended as follows:
65-1-187. There is created in
the State Treasury a special fund to be designated as the "2023 Lafayette County Infrastructure
Improvements Fund," which shall consist of funds made available by the
Legislature in any manner and funds from any other source designated for deposit
into such fund. The fund shall be maintained by the State Treasurer as a separate
and special fund, separate and apart from the General Fund of the state. Monies
deposited into the fund shall be used by the * * * Mississippi
Department of Transportation, upon appropriation by the Legislature, to assist * * * in
paying the costs associated with infrastructure improvements on Highway 7 from Highway
9 to 0.2 miles North of Highway 6 in Lafayette County, Mississippi. Unexpended
amounts remaining in the fund at the end of a fiscal year shall not lapse into the
State General Fund, and any investment earnings or interest earned on amounts in
the fund shall be deposited to the credit of the fund.
SECTION 6. Section 65-1-189, Mississippi Code of 1972, is amended as follows:
65-1-189. There is created in
the State Treasury a special fund to be designated as the "2023 Gulfport Commerce Corridor
Fund," which shall consist of funds made available by the Legislature in
any manner and funds from any other source designated for deposit into such fund.
The fund shall be maintained by the State Treasurer as a separate and special fund,
separate and apart from the General Fund of the state. Monies deposited into the
fund shall be used by the * * *Department of Finance and Administration Mississippi Department
of Transportation, upon appropriation by the Legislature, to assist in paying
the costs associated with the Gulfport Commerce Corridor project located in the
City of Gulfport. Unexpended amounts remaining in the fund at the end of a fiscal
year shall not lapse into the State General Fund, and any investment earnings or
interest earned on amounts in the fund shall be deposited to the credit of the fund.
SECTION 7. Section 31-7-13, Mississippi Code of 1972, as amended by House Bill No. 297 and Senate Bill No. 2486, 2024 Regular Session, is amended as follows:
[Until July 1, 2024, this section shall read as follows:]
31-7-13. All agencies and governing authorities shall purchase their commodities and printing; contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewage collection or disposal; contract for public construction; and contract for rentals as herein provided.
(a) Bidding procedure for purchases not over $5,000.00. Purchases which do not involve an expenditure of more than Five Thousand Dollars ($5,000.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requesting competitive bids. However, nothing contained in this paragraph (a) shall be construed to prohibit any agency or governing authority from establishing procedures which require competitive bids on purchases of Five Thousand Dollars ($5,000.00) or less.
(b) Bidding procedure for purchases over $5,000.00 but not over $75,000.00. Purchases which involve an expenditure of more than Five Thousand Dollars ($5,000.00) but not more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive written bids have been obtained. Any state agency or community or junior college purchasing commodities or procuring construction pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, to accept the lowest competitive written bid under Seventy-five Thousand Dollars ($75,000.00). Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid. Such authorization shall be made in writing by the governing authority and shall be maintained on file in the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate. The purchasing agent or the purchase clerk, or his designee, as the case may be, and not the governing authority, shall be liable for any penalties and/or damages as may be imposed by law for any act or omission of the purchasing agent or purchase clerk, or his designee, constituting a violation of law in accepting any bid without approval by the governing authority. The term "competitive written bid" shall mean a bid submitted on a bid form furnished by the buying agency or governing authority and signed by authorized personnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form and signed by authorized personnel representing the vendor. "Competitive" shall mean that the bids are developed based upon comparable identification of the needs and are developed independently and without knowledge of other bids or prospective bids. Any bid item for construction in excess of Five Thousand Dollars ($5,000.00) shall be broken down by components to provide detail of component description and pricing. These details shall be submitted with the written bids and become part of the bid evaluation criteria. Bids may be submitted by facsimile, electronic mail or other generally accepted method of information distribution. Bids submitted by electronic transmission shall not require the signature of the vendor's representative unless required by agencies or governing authorities.
(c) Bidding procedure for purchases over $75,000.00.
(i) Publication requirement.
1. Purchases which involve an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located. However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($25,000.00) shall be bid. All references to American Recovery and Reinvestment Act projects in this section shall not apply to programs identified in Division B of the American Recovery and Reinvestment Act.
2. Reverse auctions shall be the primary method for receiving bids during the bidding process. If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board. The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board. If the Public Procurement Review Board 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, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges. 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. The provisions of this item 2 requiring reverse auction as the primary method of receiving bids shall not apply to term contract purchases as provided in paragraph (n) of this section; however, a purchasing entity may, in its discretion, utilize reverse auction for such purchases. The provisions of this item 2 shall not apply to individual public schools, including public charter schools and public school districts, only when purchasing copyrighted educational supplemental materials and software as a service product. For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel.
3. The date as
published for the bid opening shall not be less than seven (7) working days after
the last published notice; however, if the purchase involves a construction project
in which the estimated cost is in excess of Seventy-five Thousand Dollars ($75,000.00),
such bids shall not be opened in less than fifteen (15) working days after the last
notice is published and the notice for the purchase of such construction shall be
published once each week for two (2) consecutive weeks. * * * The notice of intention to let contracts
or purchase equipment shall state the time and place at which bids shall be received,
list the contracts to be made or types of equipment or supplies to be purchased,
and, if all plans and/or specifications are not published, refer to the plans and/or
specifications on file. If there is no newspaper published in the county or municipality,
then such notice shall be given by posting same at the courthouse, or for municipalities
at the city hall, and at two (2) other public places in the county or municipality,
and also by publication once each week for two (2) consecutive weeks in some newspaper
having a general circulation in the county or municipality in the above-provided
manner. On the same date that the notice is submitted to the newspaper for publication,
the agency or governing authority involved shall mail written notice to, or provide
electronic notification to the main office of the Mississippi Procurement Technical
Assistance Program under the Mississippi Development Authority that contains the
same information as that in the published notice. * * *
Within one (1) working day of the contract award, the agency or governing authority
shall post to the designated web page maintained by the Department of Finance and
Administration, notice of the award, including the award recipient, the contract
amount, and a brief summary of the contract in accordance with rules promulgated
by the department. Within one (1) working day of the contract execution, the agency
or governing authority shall post to the designated web page maintained by the Department
of Finance and Administration a summary of the executed contract and make a copy
of the appropriately redacted contract documents available for linking to the designated
web page in accordance with the rules promulgated by the department. The information
provided by the agency or governing authority shall be posted to the web page * * * until the project is completed * * *.
4. Agencies and governing authorities using federal funds for the procurement of any good or service, including exempt personal and professional services, must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - Subpart D - Post Federal Award Requirements Procurement Standards, in accordance with 2 CFR 200.317 through 2 CFR 200.327.
(ii) Bidding process amendment procedure. If all plans and/or specifications are published in the notification, then the plans and/or specifications may not be amended. If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments. This notification of amendments may be made via mail, facsimile, electronic mail or other generally accepted method of information distribution. No addendum to bid specifications may be issued within two (2) working days of the time established for the receipt of bids unless such addendum also amends the bid opening to a date not less than five (5) working days after the date of the addendum.
(iii) Filing requirement. In all cases involving governing authorities, before the notice shall be published or posted, the plans or specifications for the construction or equipment being sought shall be filed with the clerk of the board of the governing authority. In addition to these requirements, a bid file shall be established which shall indicate those vendors to whom such solicitations and specifications were issued, and such file shall also contain such information as is pertinent to the bid.
(iv) Specification restrictions.
1. Specifications pertinent to such bidding shall be written so as not to exclude comparable equipment of domestic manufacture. However, if valid justification is presented, the Department of Finance and Administration or the board of a governing authority may approve a request for specific equipment necessary to perform a specific job. Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job. In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education.
2. Specifications for construction projects may include an allowance for commodities, equipment, furniture, construction materials or systems in which prospective bidders are instructed to include in their bids specified amounts for such items so long as the allowance items are acquired by the vendor in a commercially reasonable manner and approved by the agency/governing authority. Such acquisitions shall not be made to circumvent the public purchasing laws.
(v) Electronic bids. Agencies and governing authorities shall provide a secure electronic interactive system for the submittal of bids requiring competitive bidding that shall be an additional bidding option for those bidders who choose to submit their bids electronically. The Department of Finance and Administration shall provide, by regulation, the standards that agencies must follow when receiving electronic bids. Agencies and governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section. Any special condition or requirement for the electronic bid submission shall be specified in the advertisement for bids required by this section. Agencies or governing authorities that are currently without available high speed Internet access shall be exempt from the requirement of this subparagraph (v) until such time that high speed Internet access becomes available. Any county having a population of less than twenty thousand (20,000) shall be exempt from the provisions of this subparagraph (v). Any municipality having a population of less than ten thousand (10,000) shall be exempt from the provisions of this subparagraph (v). The provisions of this subparagraph (v) shall not require any bidder to submit bids electronically. When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal.
(d) Lowest and best bid decision procedure.
(i) Decision procedure. Purchases may be made from the lowest and best bidder. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications.
(ii) Decision procedure for Certified Purchasing Offices. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure: Purchases may be made from the bidder offering the best value. In determining the best value bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation. This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities. All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. No agency or governing authority shall accept a bid based on items or criteria not included in the specifications.
(iii) Decision procedure for Mississippi Landmarks. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), where purchase involves renovation, restoration, or both, of the State Capitol Building or any other historical building designated for at least five (5) years as a Mississippi Landmark by the Board of Trustees of the Department of Archives and History under the authority of Sections 39-7-7 and 39-7-11, the agency or governing authority may use the following procedure: Purchases may be made from the lowest and best prequalified bidder. Prequalification of bidders shall be determined not less than fifteen (15) working days before the first published notice of bid opening. Prequalification criteria shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid and prequalification procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications.
(iv) Construction project negotiations authority. If the lowest and best bid is not more than ten percent (10%) above the amount of funds allocated for a public construction or renovation project, then the agency or governing authority shall be permitted to negotiate with the lowest bidder in order to enter into a contract for an amount not to exceed the funds allocated.
(e) Lease-purchase authorization. For the purposes of this section, the term "equipment" shall mean equipment, furniture and, if applicable, associated software and other applicable direct costs associated with the acquisition. Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e). Lease-purchase financing may also be obtained from the vendor or from a third-party source after having solicited and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids. Solicitation for the bids for financing may occur before or after acceptance of bids for the purchase of such equipment or, where no such bids for purchase are required, at any time before the purchase thereof. No such lease-purchase agreement shall be for an annual rate of interest which is greater than the overall maximum interest rate to maturity on general obligation indebtedness permitted under Section 75-17-101, and the term of such lease-purchase agreement shall not exceed the useful life of equipment covered thereby as determined according to the upper limit of the asset depreciation range (ADR) guidelines for the Class Life Asset Depreciation Range System established by the Internal Revenue Service pursuant to the United States Internal Revenue Code and regulations thereunder as in effect on December 31, 1980, or comparable depreciation guidelines with respect to any equipment not covered by ADR guidelines. Any lease-purchase agreement entered into pursuant to this paragraph (e) may contain any of the terms and conditions which a master lease-purchase agreement may contain under the provisions of Section 31-7-10(5), and shall contain an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8). Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with respect to each such lease-purchase transaction the same information as required to be maintained by the Department of Finance and Administration pursuant to Section 31-7-10(13). However, nothing contained in this section shall be construed to permit agencies to acquire items of equipment with a total acquisition cost in the aggregate of less than Ten Thousand Dollars ($10,000.00) by a single lease-purchase transaction. All equipment, and the purchase thereof by any lessor, acquired by lease-purchase under this paragraph and all lease-purchase payments with respect thereto shall be exempt from all Mississippi sales, use and ad valorem taxes. Interest paid on any lease-purchase agreement under this section shall be exempt from State of Mississippi income taxation.
(f) Alternate bid authorization. When necessary to ensure ready availability of commodities for public works and the timely completion of public projects, no more than two (2) alternate bids may be accepted by a governing authority for commodities. No purchases may be made through use of such alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid. In that event, purchases of such commodities may be made from one (1) of the bidders whose bid was accepted as an alternate.
(g) Construction contract change authorization. In the event a determination is made by an agency or governing authority after a construction contract is let that changes or modifications to the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids; provided that such change shall be made in a commercially reasonable manner and shall not be made to circumvent the public purchasing statutes. In addition to any other authorized person, the architect or engineer hired by an agency or governing authority with respect to any public construction contract shall have the authority, when granted by an agency or governing authority, to authorize changes or modifications to the original contract without the necessity of prior approval of the agency or governing authority when any such change or modification is less than one percent (1%) of the total contract amount. The agency or governing authority may limit the number, manner or frequency of such emergency changes or modifications.
(h) Petroleum purchase alternative. In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section. If two (2) competitive written bids are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section. In the event any agency or governing authority shall have advertised for bids for the purchase of gas, diesel fuel, oils and other petroleum products and coal and no acceptable bids can be obtained, such agency or governing authority is authorized and directed to enter into any negotiations necessary to secure the lowest and best contract available for the purchase of such commodities.
(i) Road construction petroleum products price adjustment clause authorization. Any agency or governing authority authorized to enter into contracts for the construction, maintenance, surfacing or repair of highways, roads or streets, may include in its bid proposal and contract documents a price adjustment clause with relation to the cost to the contractor, including taxes, based upon an industry-wide cost index, of petroleum products including asphalt used in the performance or execution of the contract or in the production or manufacture of materials for use in such performance. Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state. The price adjustment clause shall be based on the cost of such petroleum products only and shall not include any additional profit or overhead as part of the adjustment. The bid proposals or document contract shall contain the basis and methods of adjusting unit prices for the change in the cost of such petroleum products.
(j) State agency emergency purchase procedure. If the governing board or the executive head, or his designees, of any agency of the state shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the head of such agency, or his designees, shall file with the Department of Finance and Administration (i) a statement explaining the conditions and circumstances of the emergency, which shall include a detailed description of the events leading up to the situation and the negative impact to the entity if the purchase is made following the statutory requirements set forth in paragraph (a), (b) or (c) of this section, and (ii) a certified copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable. Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements.
If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made.
Total purchases made under this paragraph (j) shall only be for the purpose of meeting needs created by the emergency situation. Following the emergency purchase, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the nature of the emergency shall be filed with the Department of Finance and Administration. Any contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year.
Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (j).
(k) Governing authority emergency purchase procedure. If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made. At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority. Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (k).
(l) Hospital purchase, lease-purchase and lease authorization.
(i) The commissioners or board of trustees of any public hospital may contract with such lowest and best bidder for the purchase or lease-purchase of any commodity under a contract of purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years.
(ii) In addition to the authority granted in subparagraph (i) of this paragraph (l), the commissioners or board of trustees is authorized to enter into contracts for the lease of equipment or services, or both, which it considers necessary for the proper care of patients if, in its opinion, it is not financially feasible to purchase the necessary equipment or services. Any such contract for the lease of equipment or services executed by the commissioners or board shall not exceed a maximum of five (5) years' duration and shall include a cancellation clause based on unavailability of funds. If such cancellation clause is exercised, there shall be no further liability on the part of the lessee. Any such contract for the lease of equipment or services executed on behalf of the commissioners or board that complies with the provisions of this subparagraph (ii) shall be excepted from the bid requirements set forth in this section.
(m) Exceptions from bidding requirements. Excepted from bid requirements are:
(i) Purchasing agreements approved by department. Purchasing agreements, contracts and maximum price regulations executed or approved by the Department of Finance and Administration.
(ii) Outside equipment repairs. Repairs to equipment, when such repairs are made by repair facilities in the private sector; however, engines, transmissions, rear axles and/or other such components shall not be included in this exemption when replaced as a complete unit instead of being repaired and the need for such total component replacement is known before disassembly of the component; however, invoices identifying the equipment, specific repairs made, parts identified by number and name, supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs.
(iii) In-house equipment repairs. Purchases of parts for repairs to equipment, when such repairs are made by personnel of the agency or governing authority; however, entire assemblies, such as engines or transmissions, shall not be included in this exemption when the entire assembly is being replaced instead of being repaired.
(iv) Raw gravel or dirt. Raw unprocessed deposits of gravel or fill dirt which are to be removed and transported by the purchaser.
(v) Governmental equipment auctions. Motor vehicles or other equipment purchased from a federal agency or authority, another governing authority or state agency of the State of Mississippi, or any governing authority or state agency of another state at a public auction held for the purpose of disposing of such vehicles or other equipment. Any purchase by a governing authority under the exemption authorized by this subparagraph (v) shall require advance authorization spread upon the minutes of the governing authority to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items.
(vi) Intergovernmental sales and transfers. Purchases, sales, transfers or trades by governing authorities or state agencies when such purchases, sales, transfers or trades are made by a private treaty agreement or through means of negotiation, from any federal agency or authority, another governing authority or state agency of the State of Mississippi, or any state agency or governing authority of another state. Nothing in this section shall permit such purchases through public auction except as provided for in subparagraph (v) of this paragraph (m). It is the intent of this section to allow governmental entities to dispose of and/or purchase commodities from other governmental entities at a price that is agreed to by both parties. This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state. Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain approval from the Department of Finance and Administration, prior to releasing or taking possession of the commodities.
(vii) Perishable supplies or food. Perishable supplies or food purchased for use in connection with hospitals, the school lunch programs, homemaking programs and for the feeding of county or municipal prisoners.
(viii) Single-source items. Noncompetitive items available from one (1) source only. In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority. Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter. In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration. Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased.
(ix) Waste disposal facility construction contracts. Construction of incinerators and other facilities for disposal of solid wastes in which products either generated therein, such as steam, or recovered therefrom, such as materials for recycling, are to be sold or otherwise disposed of; however, in constructing such facilities, a governing authority or agency shall publicly issue requests for proposals, advertised for in the same manner as provided herein for seeking bids for public construction projects, concerning the design, construction, ownership, operation and/or maintenance of such facilities, wherein such requests for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, environmental compatibility, legal responsibilities and such other matters as are determined by the governing authority or agency to be appropriate for inclusion; and after responses to the request for proposals have been duly received, the governing authority or agency may select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals.
(x) Hospital group purchase contracts. Supplies, commodities and equipment purchased by hospitals through group purchase programs pursuant to Section 31-7-38.
(xi) Information technology products. Purchases of information technology products made by governing authorities under the provisions of purchase schedules, or contracts executed or approved by the Mississippi Department of Information Technology Services and designated for use by governing authorities.
(xii) Energy efficiency services and equipment. Energy efficiency services and equipment acquired by school districts, community and junior colleges, institutions of higher learning and state agencies or other applicable governmental entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14.
(xiii) Municipal electrical utility system fuel. Purchases of coal and/or natural gas by municipally owned electric power generating systems that have the capacity to use both coal and natural gas for the generation of electric power.
(xiv) Library books and other reference materials. Purchases by libraries or for libraries of books and periodicals; processed film, videocassette tapes, filmstrips and slides; recorded audiotapes, cassettes and diskettes; and any such items as would be used for teaching, research or other information distribution; however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph.
(xv) Unmarked vehicles. Purchases of unmarked vehicles when such purchases are made in accordance with purchasing regulations adopted by the Department of Finance and Administration pursuant to Section 31-7-9(2).
(xvi) Election ballots. Purchases of ballots printed pursuant to Section 23-15-351.
(xvii) Multichannel interactive video systems. From and after July 1, 1990, contracts by Mississippi Authority for Educational Television with any private educational institution or private nonprofit organization whose purposes are educational in regard to the construction, purchase, lease or lease-purchase of facilities and equipment and the employment of personnel for providing multichannel interactive video systems (ITSF) in the school districts of this state.
(xviii) Purchases of prison industry products by the Department of Corrections, regional correctional facilities or privately owned prisons. Purchases made by the Mississippi Department of Corrections, regional correctional facilities or privately owned prisons involving any item that is manufactured, processed, grown or produced from the state's prison industries.
(xix) Undercover operations equipment. Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration.
(xx) Junior college books for rent. Purchases by community or junior colleges of textbooks which are obtained for the purpose of renting such books to students as part of a book service system.
(xxi) Certain school district purchases. Purchases of commodities made by school districts from vendors with which any levying authority of the school district, as defined in Section 37-57-1, has contracted through competitive bidding procedures for purchases of the same commodities.
(xxii) Garbage, solid waste and sewage contracts. Contracts for garbage collection or disposal, contracts for solid waste collection or disposal and contracts for sewage collection or disposal.
(xxiii) Municipal water tank maintenance contracts. Professional maintenance program contracts for the repair or maintenance of municipal water tanks, which provide professional services needed to maintain municipal water storage tanks for a fixed annual fee for a duration of two (2) or more years.
(xxiv) Purchases of Mississippi Industries for the Blind products or services. Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind.
(xxv) Purchases of state-adopted textbooks. Purchases of state-adopted textbooks by public school districts.
(xxvi) Certain purchases under the Mississippi Major Economic Impact Act. Contracts entered into pursuant to the provisions of Section 57-75-9(2), (3) and (4).
(xxvii) Used heavy or specialized machinery or equipment for installation of soil and water conservation practices purchased at auction. Used heavy or specialized machinery or equipment used for the installation and implementation of soil and water conservation practices or measures purchased subject to the restrictions provided in Sections 69-27-331 through 69-27-341. Any purchase by the State Soil and Water Conservation Commission under the exemption authorized by this subparagraph shall require advance authorization spread upon the minutes of the commission to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items.
(xxviii) Hospital lease of equipment or services. Leases by hospitals of equipment or services if the leases are in compliance with paragraph (l)(ii).
(xxix) Purchases made pursuant to qualified cooperative purchasing agreements. Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities. Such purchases shall only be made if the use of the cooperative purchasing agreements is determined to be in the best interest of the governmental entity.
(xxx) School yearbooks. Purchases of school yearbooks by state agencies or governing authorities; however, state agencies and governing authorities shall use for these purchases the RFP process as set forth in the Mississippi Procurement Manual adopted by the Office of Purchasing and Travel.
(xxxi) Design-build method of contracting and certain other contracts. Contracts entered into under the provisions of Section 31-7-13.1, 37-101-44 or 65-1-85.
(xxxii) Toll roads and bridge construction projects. Contracts entered into under the provisions of Section 65-43-1 or 65-43-3.
(xxxiii) Certain purchases under Section 57-1-221. Contracts entered into pursuant to the provisions of Section 57-1-221.
(xxxiv) Certain transfers made pursuant to the provisions of Section 57-105-1(7). Transfers of public property or facilities under Section 57-105-1(7) and construction related to such public property or facilities.
(xxxv) Certain purchases or transfers entered into with local electrical power associations. Contracts or agreements entered into under the provisions of Section 55-3-33.
(xxxvi) Certain purchases by an academic medical center or health sciences school. Purchases by an academic medical center or health sciences school, as defined in Section 37-115-50, of commodities that are used for clinical purposes and 1. intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, and 2. medical devices, biological, drugs and radiation-emitting devices as defined by the United States Food and Drug Administration.
(xxxvii) Certain purchases made under the Alyce G. Clarke Mississippi Lottery Law. Contracts made by the Mississippi Lottery Corporation pursuant to the Alyce G. Clarke Mississippi Lottery Law.
(xxxviii) Certain purchases made by the Department of Health and the Department of Revenue. Purchases made by the Department of Health and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act. This subparagraph shall stand repealed on June 30, 2026.
(n) Term contract authorization. All contracts for the purchase of:
(i) All contracts for the purchase of commodities, equipment and public construction (including, but not limited to, repair and maintenance), may be let for periods of not more than sixty (60) months in advance, subject to applicable statutory provisions prohibiting the letting of contracts during specified periods near the end of terms of office. Term contracts for a period exceeding twenty-four (24) months shall also be subject to ratification or cancellation by governing authority boards taking office subsequent to the governing authority board entering the contract.
(ii) Bid proposals and contracts may include price adjustment clauses with relation to the cost to the contractor based upon a nationally published industry-wide or nationally published and recognized cost index. The cost index used in a price adjustment clause shall be determined by the Department of Finance and Administration for the state agencies and by the governing board for governing authorities. The bid proposal and contract documents utilizing a price adjustment clause shall contain the basis and method of adjusting unit prices for the change in the cost of such commodities, equipment and public construction.
(o) Purchase law violation prohibition and vendor penalty. No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required. Submission of such invoices shall constitute a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for thirty (30) days in the county jail, or both such fine and imprisonment. In addition, the claim or claims submitted shall be forfeited.
(p) Electrical utility petroleum-based equipment purchase procedure. When in response to a proper advertisement therefor, no bid firm as to price is submitted to an electric utility for power transformers, distribution transformers, power breakers, reclosers or other articles containing a petroleum product, the electric utility may accept the lowest and best bid therefor although the price is not firm.
(q) Fuel management system bidding procedure. Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for competitive written bids to provide the services and products for the systems. In the event that the governing authority or agency cannot locate two (2) sellers of such systems or cannot obtain bids from two (2) sellers of such systems, it shall show proof that it made a diligent, good-faith effort to locate and negotiate with two (2) sellers of such systems. Such proof shall include, but not be limited to, publications of a request for proposals and letters soliciting negotiations and bids. For purposes of this paragraph (q), a fuel management or fuel access system is an automated system of acquiring fuel for vehicles as well as management reports detailing fuel use by vehicles and drivers, and the term "competitive written bid" shall have the meaning as defined in paragraph (b) of this section. Governing authorities and agencies shall be exempt from this process when contracting for the services and products of fuel management or fuel access systems under the terms of a state contract established by the Office of Purchasing and Travel.
(r) Solid waste contract proposal procedure. Before entering into any contract for garbage collection or disposal, contract for solid waste collection or disposal or contract for sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for seeking bids for purchases which involve an expenditure of more than the amount provided in paragraph (c) of this section. Any request for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, legal responsibilities and other relevant factors as are determined by the governing authority or agency to be appropriate for inclusion; all factors determined relevant by the governing authority or agency or required by this paragraph (r) shall be duly included in the advertisement to elicit proposals. After responses to the request for proposals have been duly received, the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the persons or firms submitting proposals. If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated. Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations.
(s) Minority set-aside authorization. Notwithstanding any provision of this section to the contrary, any agency or governing authority, by order placed on its minutes, may, in its discretion, set aside not more than twenty percent (20%) of its anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the Department of Finance and Administration and shall be subject to bid requirements under this section. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder. For the purposes of this paragraph, the term "minority business" means a business which is owned by a majority of persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions:
(i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.
(ii) "Black" means persons having origins in any black racial group of Africa.
(iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.
(iv) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts.
(t) Construction punch list restriction. The architect, engineer or other representative designated by the agency or governing authority that is contracting for public construction or renovation may prepare and submit to the contractor only one (1) preliminary punch list of items that do not meet the contract requirements at the time of substantial completion and one (1) final list immediately before final completion and final payment.
(u) Procurement of construction services by state institutions of higher learning. Contracts for privately financed construction of auxiliary facilities on the campus of a state institution of higher learning may be awarded by the Board of Trustees of State Institutions of Higher Learning to the lowest and best bidder, where sealed bids are solicited, or to the offeror whose proposal is determined to represent the best value to the citizens of the State of Mississippi, where requests for proposals are solicited.
(v) Insurability of bidders for public construction or other public contracts. In any solicitation for bids to perform public construction or other public contracts to which this section applies, including, but not limited to, contracts for repair and maintenance, for which the contract will require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to either submit proof of current insurance coverage in the specified amount or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder. Proof of insurance coverage shall be submitted within five (5) business days from bid acceptance.
(w) Purchase authorization clarification. Nothing in this section shall be construed as authorizing any purchase not authorized by law.
(x) Mississippi Regional Pre-Need Disaster Clean Up Act. (i) The Department of Finance and Administration shall enter into nine (9) contracts for the pre-need purchase of labor, services, work, materials, equipment, supplies or other personal property for disaster-related solid waste collection, disposal or monitoring. One (1) contract shall be entered into for each of the nine (9) Mississippi Emergency Management Association districts:
1. Coahoma, DeSoto, Grenada, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha Counties;
2. Alcorn, Benton, Itawamba, Lafayette, Lee, Marshall, Pontotoc, Prentiss, Tippah, Tishomingo and Union Counties;
3. Attala, Bolivar, Carroll, Holmes, Humphreys, Leflore, Montgomery, Sunflower and Washington Counties;
4. Calhoun, Chickasaw, Choctaw, Clay, Lowndes, Monroe, Noxubee, Oktibbeha, Webster and Winston Counties;
5. Claiborne, Copiah, Hinds, Issaquena, Madison, Rankin, Sharkey, Simpson, Warren and Yazoo Counties;
6. Clarke, Jasper, Kemper, Lauderdale, Leake, Neshoba, Newton, Scott, and Smith Counties and the Mississippi Band of Choctaw Indians;
7. Adams, Amite, Franklin, Jefferson, Lawrence, Lincoln, Pike, Walthall and Wilkinson Counties;
8. Covington, Forrest, Greene, Jefferson Davis, Jones, Lamar, Marion, Perry and Wayne Counties; and
9. George, Hancock, Harrison, Jackson, Pearl River and Stone Counties.
Any such contract shall set forth the manner of awarding such a contract, the method of payment, and any other matter deemed necessary to carry out the purposes of the agreement. Such contract may be entered into only for a term of one (1) year, with an option for an additional one-year extension after the conclusion of the first year of the contract, and only after having solicited bids or proposals, as appropriate, which shall be publicly advertised by posting on a web page maintained by the Department of Finance and Administration through submission of such advertisement to the Mississippi Procurement Technical Assistance Program under the Mississippi Development Authority. The bid opening shall not occur until after the submission has been posted for at least ten (10) consecutive days. The state's share of expenditures for solid waste collection, disposal or monitoring under any contract shall be appropriated and paid in the manner set forth in the contract and in the same manner as for other solid waste collection, disposal, or monitoring expenses of the state. Any contract entered into under this paragraph shall not be subject to the provisions of Section 17-13-11.
(ii) Any board of supervisors of any county or any governing authority of any municipality may opt in to the benefits and services provided under the appropriate and relevant contract established in subparagraph (i) of this paragraph at the time of a disaster event in that county or municipality. At the time of opt in, the county or municipality shall assume responsibility for payment in full to the contractor for the disaster-related solid waste collection, disposal or monitoring services provided. Nothing in this subparagraph (ii) shall be construed as requiring a county or municipality to opt in to any such contract established in subparagraph (i) of this paragraph.
[From and after July 1, 2024, this section shall read as follows:]
31-7-13. All agencies and governing authorities shall purchase their commodities and printing; contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewage collection or disposal; contract for public construction; and contract for rentals as herein provided.
(a) Bidding procedure for purchases not over $5,000.00. Purchases which do not involve an expenditure of more than Five Thousand Dollars ($5,000.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requesting competitive bids. However, nothing contained in this paragraph (a) shall be construed to prohibit any agency or governing authority from establishing procedures which require competitive bids on purchases of Five Thousand Dollars ($5,000.00) or less.
(b) Bidding procedure for purchases over $5,000.00 but not over $75,000.00. Purchases which involve an expenditure of more than Five Thousand Dollars ($5,000.00) but not more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive written bids have been obtained. Any state agency or community or junior college purchasing commodities or procuring construction pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, to accept the lowest competitive written bid under Seventy-five Thousand Dollars ($75,000.00). Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid. Such authorization shall be made in writing by the governing authority and shall be maintained on file in the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate. The purchasing agent or the purchase clerk, or his designee, as the case may be, and not the governing authority, shall be liable for any penalties and/or damages as may be imposed by law for any act or omission of the purchasing agent or purchase clerk, or his designee, constituting a violation of law in accepting any bid without approval by the governing authority. The term "competitive written bid" shall mean a bid submitted on a bid form furnished by the buying agency or governing authority and signed by authorized personnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form and signed by authorized personnel representing the vendor. "Competitive" shall mean that the bids are developed based upon comparable identification of the needs and are developed independently and without knowledge of other bids or prospective bids. Any bid item for construction in excess of Five Thousand Dollars ($5,000.00) shall be broken down by components to provide detail of component description and pricing. These details shall be submitted with the written bids and become part of the bid evaluation criteria. Bids may be submitted by facsimile, electronic mail or other generally accepted method of information distribution. Bids submitted by electronic transmission shall not require the signature of the vendor's representative unless required by agencies or governing authorities.
(c) Bidding procedure for purchases over $75,000.00.
(i) Publication requirement.
1. Purchases which involve an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), exclusive of freight and shipping charges, may be made from the lowest and best bidder after advertising for competitive bids once each week for two (2) consecutive weeks in a regular newspaper published in the county or municipality in which such agency or governing authority is located. However, all American Recovery and Reinvestment Act projects in excess of Twenty-five Thousand Dollars ($25,000.00) shall be bid. All references to American Recovery and Reinvestment Act projects in this section shall not apply to programs identified in Division B of the American Recovery and Reinvestment Act.
2. Reverse auctions shall be the primary method for receiving bids during the bidding process. If a purchasing entity determines that a reverse auction is not in the best interest of the state, then that determination must be approved by the Public Procurement Review Board. The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board. If the Public Procurement Review Board 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, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges. 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. The provisions of this item 2 requiring reverse auction as the primary method of receiving bids shall not apply to term contract purchases as provided in paragraph (n) of this section; however, a purchasing entity may, in its discretion, utilize reverse auction for such purchases. The provisions of this item 2 shall not apply to individual public schools, including public charter schools and public school districts, only when purchasing copyrighted educational supplemental materials and software as a service product. For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel.
3. The date as
published for the bid opening shall not be less than seven (7) working days after
the last published notice; however, if the purchase involves a construction project
in which the estimated cost is in excess of Seventy-five Thousand Dollars ($75,000.00),
such bids shall not be opened in less than fifteen (15) working days after the last
notice is published and the notice for the purchase of such construction shall be
published once each week for two (2) consecutive weeks. * * * The notice of intention to let contracts
or purchase equipment shall state the time and place at which bids shall be received,
list the contracts to be made or types of equipment or supplies to be purchased,
and, if all plans and/or specifications are not published, refer to the plans and/or
specifications on file. If there is no newspaper published in the county or municipality,
then such notice shall be given by posting same at the courthouse, or for municipalities
at the city hall, and at two (2) other public places in the county or municipality,
and also by publication once each week for two (2) consecutive weeks in some newspaper
having a general circulation in the county or municipality in the above-provided
manner. On the same date that the notice is submitted to the newspaper for publication,
the agency or governing authority involved shall mail written notice to, or provide
electronic notification to the main office of the Mississippi Procurement Technical
Assistance Program under the Mississippi Development Authority that contains the
same information as that in the published notice. * * *
Within one (1) working day of the contract award, the agency or governing authority
shall post to the designated web page maintained by the Department of Finance and
Administration, notice of the award, including the award recipient, the contract
amount, and a brief summary of the contract in accordance with rules promulgated
by the department. Within one (1) working day of the contract execution, the agency
or governing authority shall post to the designated web page maintained by the Department
of Finance and Administration a summary of the executed contract and make a copy
of the appropriately redacted contract documents available for linking to the designated
web page in accordance with the rules promulgated by the department. The information
provided by the agency or governing authority shall be posted to the web page * * * until the project is completed * * *.
4. Agencies and governing authorities using federal funds for the procurement of any good or service, including exempt personal and professional services, must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - Subpart D - Post Federal Award Requirements Procurement Standards, in accordance with 2 CFR 200.317 through 2 CFR 200.327.
(ii) Bidding process amendment procedure. If all plans and/or specifications are published in the notification, then the plans and/or specifications may not be amended. If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments. This notification of amendments may be made via mail, facsimile, electronic mail or other generally accepted method of information distribution. No addendum to bid specifications may be issued within two (2) working days of the time established for the receipt of bids unless such addendum also amends the bid opening to a date not less than five (5) working days after the date of the addendum.
(iii) Filing requirement. In all cases involving governing authorities, before the notice shall be published or posted, the plans or specifications for the construction or equipment being sought shall be filed with the clerk of the board of the governing authority. In addition to these requirements, a bid file shall be established which shall indicate those vendors to whom such solicitations and specifications were issued, and such file shall also contain such information as is pertinent to the bid.
(iv) Specification restrictions.
1. Specifications pertinent to such bidding shall be written so as not to exclude comparable equipment of domestic manufacture. However, if valid justification is presented, the Department of Finance and Administration or the board of a governing authority may approve a request for specific equipment necessary to perform a specific job. Further, such justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job. In addition to these requirements, from and after July 1, 1990, vendors of relocatable classrooms and the specifications for the purchase of such relocatable classrooms published by local school boards shall meet all pertinent regulations of the State Board of Education, including prior approval of such bid by the State Department of Education.
2. Specifications for construction projects may include an allowance for commodities, equipment, furniture, construction materials or systems in which prospective bidders are instructed to include in their bids specified amounts for such items so long as the allowance items are acquired by the vendor in a commercially reasonable manner and approved by the agency/governing authority. Such acquisitions shall not be made to circumvent the public purchasing laws.
(v) Electronic bids. Agencies and governing authorities shall provide a secure electronic interactive system for the submittal of bids requiring competitive bidding that shall be an additional bidding option for those bidders who choose to submit their bids electronically. The Department of Finance and Administration shall provide, by regulation, the standards that agencies must follow when receiving electronic bids. Agencies and governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section. Any special condition or requirement for the electronic bid submission shall be specified in the advertisement for bids required by this section. Agencies or governing authorities that are currently without available high speed Internet access shall be exempt from the requirement of this subparagraph (v) until such time that high speed Internet access becomes available. Any county having a population of less than twenty thousand (20,000) shall be exempt from the provisions of this subparagraph (v). Any municipality having a population of less than ten thousand (10,000) shall be exempt from the provisions of this subparagraph (v). The provisions of this subparagraph (v) shall not require any bidder to submit bids electronically. When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal.
(d) Lowest and best bid decision procedure.
(i) Decision procedure. Purchases may be made from the lowest and best bidder. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications.
(ii) Decision procedure for Certified Purchasing Offices. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), Certified Purchasing Offices may also use the following procedure: Purchases may be made from the bidder offering the best value. In determining the best value bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation. This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities. All best value procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. No agency or governing authority shall accept a bid based on items or criteria not included in the specifications.
(iii) Decision procedure for Mississippi Landmarks. In addition to the decision procedure set forth in subparagraph (i) of this paragraph (d), where purchase involves renovation, restoration, or both, of the State Capitol Building or any other historical building designated for at least five (5) years as a Mississippi Landmark by the Board of Trustees of the Department of Archives and History under the authority of Sections 39-7-7 and 39-7-11, the agency or governing authority may use the following procedure: Purchases may be made from the lowest and best prequalified bidder. Prequalification of bidders shall be determined not less than fifteen (15) working days before the first published notice of bid opening. Prequalification criteria shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation. In determining the lowest and best bid, freight and shipping charges shall be included. Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions and other relevant provisions may be included in the best bid calculation. All best bid and prequalification procedures for state agencies must be in compliance with regulations established by the Department of Finance and Administration. If any governing authority accepts a bid other than the lowest bid actually submitted, it shall place on its minutes detailed calculations and narrative summary showing that the accepted bid was determined to be the lowest and best bid, including the dollar amount of the accepted bid and the dollar amount of the lowest bid. No agency or governing authority shall accept a bid based on items not included in the specifications.
(iv) Construction project negotiations authority. If the lowest and best bid is not more than ten percent (10%) above the amount of funds allocated for a public construction or renovation project, then the agency or governing authority shall be permitted to negotiate with the lowest bidder in order to enter into a contract for an amount not to exceed the funds allocated.
(e) Lease-purchase authorization. For the purposes of this section, the term "equipment" shall mean equipment, furniture and, if applicable, associated software and other applicable direct costs associated with the acquisition. Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e). Lease-purchase financing may also be obtained from the vendor or from a third-party source after having solicited and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids. Solicitation for the bids for financing may occur before or after acceptance of bids for the purchase of such equipment or, where no such bids for purchase are required, at any time before the purchase thereof. No such lease-purchase agreement shall be for an annual rate of interest which is greater than the overall maximum interest rate to maturity on general obligation indebtedness permitted under Section 75-17-101, and the term of such lease-purchase agreement shall not exceed the useful life of equipment covered thereby as determined according to the upper limit of the asset depreciation range (ADR) guidelines for the Class Life Asset Depreciation Range System established by the Internal Revenue Service pursuant to the United States Internal Revenue Code and regulations thereunder as in effect on December 31, 1980, or comparable depreciation guidelines with respect to any equipment not covered by ADR guidelines. Any lease-purchase agreement entered into pursuant to this paragraph (e) may contain any of the terms and conditions which a master lease-purchase agreement may contain under the provisions of Section 31-7-10(5), and shall contain an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8). Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with respect to each such lease-purchase transaction the same information as required to be maintained by the Department of Finance and Administration pursuant to Section 31-7-10(13). However, nothing contained in this section shall be construed to permit agencies to acquire items of equipment with a total acquisition cost in the aggregate of less than Ten Thousand Dollars ($10,000.00) by a single lease-purchase transaction. All equipment, and the purchase thereof by any lessor, acquired by lease-purchase under this paragraph and all lease-purchase payments with respect thereto shall be exempt from all Mississippi sales, use and ad valorem taxes. Interest paid on any lease-purchase agreement under this section shall be exempt from State of Mississippi income taxation.
(f) Alternate bid authorization. When necessary to ensure ready availability of commodities for public works and the timely completion of public projects, no more than two (2) alternate bids may be accepted by a governing authority for commodities. No purchases may be made through use of such alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid. In that event, purchases of such commodities may be made from one (1) of the bidders whose bid was accepted as an alternate.
(g) Construction contract change authorization. In the event a determination is made by an agency or governing authority after a construction contract is let that changes or modifications to the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids; provided that such change shall be made in a commercially reasonable manner and shall not be made to circumvent the public purchasing statutes. In addition to any other authorized person, the architect or engineer hired by an agency or governing authority with respect to any public construction contract shall have the authority, when granted by an agency or governing authority, to authorize changes or modifications to the original contract without the necessity of prior approval of the agency or governing authority when any such change or modification is less than one percent (1%) of the total contract amount. The agency or governing authority may limit the number, manner or frequency of such emergency changes or modifications.
(h) Petroleum purchase alternative. In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section. If two (2) competitive written bids are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section. In the event any agency or governing authority shall have advertised for bids for the purchase of gas, diesel fuel, oils and other petroleum products and coal and no acceptable bids can be obtained, such agency or governing authority is authorized and directed to enter into any negotiations necessary to secure the lowest and best contract available for the purchase of such commodities.
(i) Road construction petroleum products price adjustment clause authorization. Any agency or governing authority authorized to enter into contracts for the construction, maintenance, surfacing or repair of highways, roads or streets, may include in its bid proposal and contract documents a price adjustment clause with relation to the cost to the contractor, including taxes, based upon an industry-wide cost index, of petroleum products including asphalt used in the performance or execution of the contract or in the production or manufacture of materials for use in such performance. Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state. The price adjustment clause shall be based on the cost of such petroleum products only and shall not include any additional profit or overhead as part of the adjustment. The bid proposals or document contract shall contain the basis and methods of adjusting unit prices for the change in the cost of such petroleum products.
(j) State agency emergency purchase procedure. If the governing board or the executive head, or his designees, of any agency of the state shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the head of such agency, or his designees, shall file with the Department of Finance and Administration (i) a statement explaining the conditions and circumstances of the emergency, which shall include a detailed description of the events leading up to the situation and the negative impact to the entity if the purchase is made following the statutory requirements set forth in paragraph (a), (b) or (c) of this section, and (ii) a certified copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable. Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements.
If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made.
Total purchases made under this paragraph (j) shall only be for the purpose of meeting needs created by the emergency situation. Following the emergency purchase, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the nature of the emergency shall be filed with the Department of Finance and Administration. Any contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year.
Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (j).
(k) Governing authority emergency purchase procedure. If the governing authority, or the governing authority acting through its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made. At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority. Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (k).
(l) Hospital purchase, lease-purchase and lease authorization.
(i) The commissioners or board of trustees of any public hospital may contract with such lowest and best bidder for the purchase or lease-purchase of any commodity under a contract of purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years.
(ii) In addition to the authority granted in subparagraph (i) of this paragraph (l), the commissioners or board of trustees is authorized to enter into contracts for the lease of equipment or services, or both, which it considers necessary for the proper care of patients if, in its opinion, it is not financially feasible to purchase the necessary equipment or services. Any such contract for the lease of equipment or services executed by the commissioners or board shall not exceed a maximum of five (5) years' duration and shall include a cancellation clause based on unavailability of funds. If such cancellation clause is exercised, there shall be no further liability on the part of the lessee. Any such contract for the lease of equipment or services executed on behalf of the commissioners or board that complies with the provisions of this subparagraph (ii) shall be excepted from the bid requirements set forth in this section.
(m) Exceptions from bidding requirements. Excepted from bid requirements are:
(i) Purchasing agreements approved by department. Purchasing agreements, contracts and maximum price regulations executed or approved by the Department of Finance and Administration.
(ii) Outside equipment repairs. Repairs to equipment, when such repairs are made by repair facilities in the private sector; however, engines, transmissions, rear axles and/or other such components shall not be included in this exemption when replaced as a complete unit instead of being repaired and the need for such total component replacement is known before disassembly of the component; however, invoices identifying the equipment, specific repairs made, parts identified by number and name, supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs.
(iii) In-house equipment repairs. Purchases of parts for repairs to equipment, when such repairs are made by personnel of the agency or governing authority; however, entire assemblies, such as engines or transmissions, shall not be included in this exemption when the entire assembly is being replaced instead of being repaired.
(iv) Raw gravel or dirt. Raw unprocessed deposits of gravel or fill dirt which are to be removed and transported by the purchaser.
(v) Governmental equipment auctions. Motor vehicles or other equipment purchased from a federal agency or authority, another governing authority or state agency of the State of Mississippi, or any governing authority or state agency of another state at a public auction held for the purpose of disposing of such vehicles or other equipment. Any purchase by a governing authority under the exemption authorized by this subparagraph (v) shall require advance authorization spread upon the minutes of the governing authority to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items.
(vi) Intergovernmental sales and transfers. Purchases, sales, transfers or trades by governing authorities or state agencies when such purchases, sales, transfers or trades are made by a private treaty agreement or through means of negotiation, from any federal agency or authority, another governing authority or state agency of the State of Mississippi, or any state agency or governing authority of another state. Nothing in this section shall permit such purchases through public auction except as provided for in subparagraph (v) of this paragraph (m). It is the intent of this section to allow governmental entities to dispose of and/or purchase commodities from other governmental entities at a price that is agreed to by both parties. This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state. Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain approval from the Department of Finance and Administration, prior to releasing or taking possession of the commodities.
(vii) Perishable supplies or food. Perishable supplies or food purchased for use in connection with hospitals, the school lunch programs, homemaking programs and for the feeding of county or municipal prisoners.
(viii) Single-source items. Noncompetitive items available from one (1) source only. In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority. Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter. In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration. Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased.
(ix) Waste disposal facility construction contracts. Construction of incinerators and other facilities for disposal of solid wastes in which products either generated therein, such as steam, or recovered therefrom, such as materials for recycling, are to be sold or otherwise disposed of; however, in constructing such facilities, a governing authority or agency shall publicly issue requests for proposals, advertised for in the same manner as provided herein for seeking bids for public construction projects, concerning the design, construction, ownership, operation and/or maintenance of such facilities, wherein such requests for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, environmental compatibility, legal responsibilities and such other matters as are determined by the governing authority or agency to be appropriate for inclusion; and after responses to the request for proposals have been duly received, the governing authority or agency may select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals.
(x) Hospital group purchase contracts. Supplies, commodities and equipment purchased by hospitals through group purchase programs pursuant to Section 31-7-38.
(xi) Information technology products. Purchases of information technology products made by governing authorities under the provisions of purchase schedules, or contracts executed or approved by the Mississippi Department of Information Technology Services and designated for use by governing authorities.
(xii) Energy efficiency services and equipment. Energy efficiency services and equipment acquired by school districts, community and junior colleges, institutions of higher learning and state agencies or other applicable governmental entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14.
(xiii) Municipal electrical utility system fuel. Purchases of coal and/or natural gas by municipally owned electric power generating systems that have the capacity to use both coal and natural gas for the generation of electric power.
(xiv) Library books and other reference materials. Purchases by libraries or for libraries of books and periodicals; processed film, videocassette tapes, filmstrips and slides; recorded audiotapes, cassettes and diskettes; and any such items as would be used for teaching, research or other information distribution; however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph.
(xv) Unmarked vehicles. Purchases of unmarked vehicles when such purchases are made in accordance with purchasing regulations adopted by the Department of Finance and Administration pursuant to Section 31-7-9(2).
(xvi) Election ballots. Purchases of ballots printed pursuant to Section 23-15-351.
(xvii) Multichannel interactive video systems. From and after July 1, 1990, contracts by Mississippi Authority for Educational Television with any private educational institution or private nonprofit organization whose purposes are educational in regard to the construction, purchase, lease or lease-purchase of facilities and equipment and the employment of personnel for providing multichannel interactive video systems (ITSF) in the school districts of this state.
(xviii) Purchases of prison industry products by the Department of Corrections, regional correctional facilities or privately owned prisons. Purchases made by the Mississippi Department of Corrections, regional correctional facilities or privately owned prisons involving any item that is manufactured, processed, grown or produced from the state's prison industries.
(xix) Undercover operations equipment. Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration.
(xx) Junior college books for rent. Purchases by community or junior colleges of textbooks which are obtained for the purpose of renting such books to students as part of a book service system.
(xxi) Certain school district purchases. Purchases of commodities made by school districts from vendors with which any levying authority of the school district, as defined in Section 37-57-1, has contracted through competitive bidding procedures for purchases of the same commodities.
(xxii) Garbage, solid waste and sewage contracts. Contracts for garbage collection or disposal, contracts for solid waste collection or disposal and contracts for sewage collection or disposal.
(xxiii) Municipal water tank maintenance contracts. Professional maintenance program contracts for the repair or maintenance of municipal water tanks, which provide professional services needed to maintain municipal water storage tanks for a fixed annual fee for a duration of two (2) or more years.
(xxiv) Purchases of Mississippi Industries for the Blind products or services. Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind.
(xxv) Purchases of state-adopted textbooks. Purchases of state-adopted textbooks by public school districts.
(xxvi) Certain purchases under the Mississippi Major Economic Impact Act. Contracts entered into pursuant to the provisions of Section 57-75-9(2), (3) and (4).
(xxvii) Used heavy or specialized machinery or equipment for installation of soil and water conservation practices purchased at auction. Used heavy or specialized machinery or equipment used for the installation and implementation of soil and water conservation practices or measures purchased subject to the restrictions provided in Sections 69-27-331 through 69-27-341. Any purchase by the State Soil and Water Conservation Commission under the exemption authorized by this subparagraph shall require advance authorization spread upon the minutes of the commission to include the listing of the item or items authorized to be purchased and the maximum bid authorized to be paid for each item or items.
(xxviii) Hospital lease of equipment or services. Leases by hospitals of equipment or services if the leases are in compliance with paragraph (l)(ii).
(xxix) Purchases made pursuant to qualified cooperative purchasing agreements. Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities. Such purchases shall only be made if the use of the cooperative purchasing agreements is determined to be in the best interest of the governmental entity.
(xxx) School yearbooks. Purchases of school yearbooks by state agencies or governing authorities; however, state agencies and governing authorities shall use for these purchases the RFP process as set forth in the Mississippi Procurement Manual adopted by the Office of Purchasing and Travel.
(xxxi) Design-build method of contracting and certain other contracts. Contracts entered into under the provisions of Section 31-7-13.1, 37-101-44 or 65-1-85.
(xxxii) Toll roads and bridge construction projects. Contracts entered into under the provisions of Section 65-43-1 or 65-43-3.
(xxxiii) Certain purchases under Section 57-1-221. Contracts entered into pursuant to the provisions of Section 57-1-221.
(xxxiv) Certain transfers made pursuant to the provisions of Section 57-105-1(7). Transfers of public property or facilities under Section 57-105-1(7) and construction related to such public property or facilities.
(xxxv) Certain purchases or transfers entered into with local electrical power associations. Contracts or agreements entered into under the provisions of Section 55-3-33.
(xxxvi) Certain purchases by an academic medical center or health sciences school. Purchases by an academic medical center or health sciences school, as defined in Section 37-115-50, of commodities that are used for clinical purposes and 1. intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, and 2. medical devices, biological, drugs and radiation-emitting devices as defined by the United States Food and Drug Administration.
(xxxvii) Certain purchases made under the Alyce G. Clarke Mississippi Lottery Law. Contracts made by the Mississippi Lottery Corporation pursuant to the Alyce G. Clarke Mississippi Lottery Law.
(xxxviii) Certain purchases made by the Department of Health and the Department of Revenue. Purchases made by the Department of Health and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act. This subparagraph shall stand repealed on June 30, 2026.
(xxxix) Purchases made by state agencies related to museum exhibits. Purchases made by an agency related to the fabrication, construction, installation or refurbishing of museum exhibits. An agency making a purchase under this exemption in excess of the bid threshold set forth in 31-7-13(c) shall publicly advertise a Request for Qualifications or Request for Proposals in which price as an evaluation factor is at least twenty percent (20%) out of the one hundred percent (100%) total weight, but shall be otherwise exempt. Any contract arising from a purchase using this exemption must be approved by the Public Procurement Review Board prior to execution by the agency. The agency shall submit a written report on December 1 of each year to the Chairs of the Senate and House Appropriations Committees, the Chairs of the Senate and House Accountability, Efficiency and Transparency Committees and the Chair of the Public Procurement Review Board, identifying all purchases made by the agency using this exemption in which the cost of the option selected by the agency was more than twenty-five percent (25%) higher than the lowest cost option available.
(n) Term contract authorization. All contracts for the purchase of:
(i) All contracts for the purchase of commodities, equipment and public construction (including, but not limited to, repair and maintenance), may be let for periods of not more than sixty (60) months in advance, subject to applicable statutory provisions prohibiting the letting of contracts during specified periods near the end of terms of office. Term contracts for a period exceeding twenty-four (24) months shall also be subject to ratification or cancellation by governing authority boards taking office subsequent to the governing authority board entering the contract.
(ii) Bid proposals and contracts may include price adjustment clauses with relation to the cost to the contractor based upon a nationally published industry-wide or nationally published and recognized cost index. The cost index used in a price adjustment clause shall be determined by the Department of Finance and Administration for the state agencies and by the governing board for governing authorities. The bid proposal and contract documents utilizing a price adjustment clause shall contain the basis and method of adjusting unit prices for the change in the cost of such commodities, equipment and public construction.
(o) Purchase law violation prohibition and vendor penalty. No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required. Submission of such invoices shall constitute a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for thirty (30) days in the county jail, or both such fine and imprisonment. In addition, the claim or claims submitted shall be forfeited.
(p) Electrical utility petroleum-based equipment purchase procedure. When in response to a proper advertisement therefor, no bid firm as to price is submitted to an electric utility for power transformers, distribution transformers, power breakers, reclosers or other articles containing a petroleum product, the electric utility may accept the lowest and best bid therefor although the price is not firm.
(q) Fuel management system bidding procedure. Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for competitive written bids to provide the services and products for the systems. In the event that the governing authority or agency cannot locate two (2) sellers of such systems or cannot obtain bids from two (2) sellers of such systems, it shall show proof that it made a diligent, good-faith effort to locate and negotiate with two (2) sellers of such systems. Such proof shall include, but not be limited to, publications of a request for proposals and letters soliciting negotiations and bids. For purposes of this paragraph (q), a fuel management or fuel access system is an automated system of acquiring fuel for vehicles as well as management reports detailing fuel use by vehicles and drivers, and the term "competitive written bid" shall have the meaning as defined in paragraph (b) of this section. Governing authorities and agencies shall be exempt from this process when contracting for the services and products of fuel management or fuel access systems under the terms of a state contract established by the Office of Purchasing and Travel.
(r) Solid waste contract proposal procedure. Before entering into any contract for garbage collection or disposal, contract for solid waste collection or disposal or contract for sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for seeking bids for purchases which involve an expenditure of more than the amount provided in paragraph (c) of this section. Any request for proposals when issued shall contain terms and conditions relating to price, financial responsibility, technology, legal responsibilities and other relevant factors as are determined by the governing authority or agency to be appropriate for inclusion; all factors determined relevant by the governing authority or agency or required by this paragraph (r) shall be duly included in the advertisement to elicit proposals. After responses to the request for proposals have been duly received, the governing authority or agency shall select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the persons or firms submitting proposals. If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals process may be reinitiated. Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations.
(s) Minority set-aside authorization. Notwithstanding any provision of this section to the contrary, any agency or governing authority, by order placed on its minutes, may, in its discretion, set aside not more than twenty percent (20%) of its anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the Department of Finance and Administration and shall be subject to bid requirements under this section. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder. For the purposes of this paragraph, the term "minority business" means a business which is owned by a majority of persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions:
(i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.
(ii) "Black" means persons having origins in any black racial group of Africa.
(iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.
(iv) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts.
(t) Construction punch list restriction. The architect, engineer or other representative designated by the agency or governing authority that is contracting for public construction or renovation may prepare and submit to the contractor only one (1) preliminary punch list of items that do not meet the contract requirements at the time of substantial completion and one (1) final list immediately before final completion and final payment.
(u) Procurement of construction services by state institutions of higher learning. Contracts for privately financed construction of auxiliary facilities on the campus of a state institution of higher learning may be awarded by the Board of Trustees of State Institutions of Higher Learning to the lowest and best bidder, where sealed bids are solicited, or to the offeror whose proposal is determined to represent the best value to the citizens of the State of Mississippi, where requests for proposals are solicited.
(v) Insurability of bidders for public construction or other public contracts. In any solicitation for bids to perform public construction or other public contracts to which this section applies, including, but not limited to, contracts for repair and maintenance, for which the contract will require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to either submit proof of current insurance coverage in the specified amount or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder. Proof of insurance coverage shall be submitted within five (5) business days from bid acceptance.
(w) Purchase authorization clarification. Nothing in this section shall be construed as authorizing any purchase not authorized by law.
(x) Mississippi Regional
Pre-Need Disaster Clean Up Act. (i) * * *
The Department of Finance and Administration
shall develop and implement a process that creates a preferred vendor list for both
disaster debris removal and monitoring.
(ii) Any board of supervisors of any county or any governing authority of any municipality may opt in to the benefits and services provided under the appropriate and relevant contract established in subparagraph (i) of this paragraph at the time of a disaster event in that county or municipality. At the time of opt in, the county or municipality shall assume responsibility for payment in full to the contractor for the disaster-related solid waste collection, disposal or monitoring services provided. Nothing in this subparagraph (ii) shall be construed as requiring a county or municipality to opt in to any such contract established in subparagraph (i) of this paragraph.
SECTION 8. This act shall take effect and be in force from and after its passage.