MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) DeBar

Senate Bill 2827

AN ACT TO AMEND SECTION 61-13-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO PURCHASE AIRCRAFT FROM THE LOWEST AND BEST BIDDER WITHOUT PUBLISHING OR POSTING ADVERTISEMENT FOR BIDS, PROVIDED AT LEAST TWO COMPETITIVE BIDS HAVE BEEN SOLICITED; TO DELETE THE REQUIREMENT THAT THE PURCHASE BE IN COMPLIANCE WITH SECTIONS 31-7-1 THROUGH 31-7-21; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 61-13-5, Mississippi Code of 1972, is amended as follows:

     61-13-5.  The purchase of aircraft to be used for the purpose in this chapter * * * shall be in compliance with Sections 31‑7‑1 through 31‑7‑21 may be made from the lowest and best bidder without publishing or posting advertisement for bids, provided at least two (2) competitive bids have been solicited.  The Department of Finance and Administration is hereby exempt from the requirements of Section 27-104-7(2)(f) when procuring aircraft maintenance, parts, equipment and/or services.  It shall be the responsibility of the Executive Director of the Department of Finance and Administration to ensure commercially reasonable practices, including competitive pricing and superb industry maintenance standards.  The selection process of maintenance facility shall consider:  their capability and experience, the scope of work, the cost, and the length of time the aircraft will be out of service.  The process undertaken by the Department of Finance and Administration for procurement of the maintenance facility shall be reported to the Public Procurement Review Board.

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