Mississippi 2023 Regular Session Status: Passed House

HB 875 — Public purchases; revise bidding requirements for certain projects and other related to Mississippi Landmarks.

Last action — Died In Committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1129 added · 1115 removed

Plain-language change summary

The revised version of HB 875 removes a specific provision that allowed for certain complex purchases not exceeding $500,000. This change means that now, purchases of that magnitude may face different requirements, likely tighter bidding or procurement processes. This matters because it could impact how public agencies acquire large items or services, possibly increasing competition and transparency in spending taxpayer money.

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Accountability, Efficiency, Transparency COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
Accountability, Efficiency, Transparency HOUSE BILL NO.
875 AN ACT TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY SOLICITATION FOR CONSTRUCTION IN EXCESS OF $5,000.00 TO INCLUDE DRAWINGS, RENDERINGS OR SPECIFICATIONS OF SUFFICIENT DETAIL TO DEFINE THE WORK OR REQUIRE THAT COST PROPOSALS BE BROKEN DOWN BY COMPONENTS;
875 (As Passed the House) AN ACT TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY SOLICITATION FOR CONSTRUCTION IN EXCESS OF $5,000.00 TO INCLUDE DRAWINGS, RENDERINGS OR SPECIFICATIONS OF SUFFICIENT DETAIL TO DEFINE THE WORK OR REQUIRE THAT COST PROPOSALS BE BROKEN DOWN BY COMPONENTS;
TO PROVIDE AN EXCEPTION FROM BIDDING REQUIREMENTS FOR CERTAIN PURCHASES MADE FOR THE RENOVATION, REPAIR, RESTORATION OR IMPROVEMENT TO BUILDINGS DESIGNATED AS MISSISSIPPI LANDMARKS LOCATED WITHIN THE CAPITOL COMPLEX THAT DO NOT EXCEED $500,000.00;
TO PROVIDE AN EXCEPTION FROM BIDDING REQUIREMENTS FOR CERTAIN PURCHASES MADE FOR THE RENOVATION, REPAIR, RESTORATION OR IMPROVEMENT TO BUILDINGS DESIGNATED AS MISSISSIPPI LANDMARKS LOCATED WITHIN THE CAPITOL COMPLEX THAT DO NOT EXCEED $500,000, AND FOR AIRCRAFT AND AIRCRAFT SIMULATION DEVICES FOR ACADEMIC INSTRUCTIONAL PURPOSES;
875 *HR26/R1298CS* ~ OFFICIAL ~ G1/2 23/HR26/R1298CS PAGE 1 (ENK\KW) (a) Bidding procedure for purchases not over $5,000.00.
875 *HR26/R1298PH* ~ OFFICIAL ~ G1/2 23/HR26/R1298PH PAGE 1 (ENK\KW) (a) Bidding procedure for purchases not over $5,000.00.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 2(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 2(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 3(ENK\KW) distribution.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 3(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
distribution.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 4(ENK\KW) Review Board.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 4(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
Review Board.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 5(ENK\KW) Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 5(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 6(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 6(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 7(ENK\KW) execution and subsequent amendments, links to the contract documents, expenditures against the awarded contracts and general expenditures of funds from the American Recovery and Reinvestment Act.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 7(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
execution and subsequent amendments, links to the contract documents, expenditures against the awarded contracts and general expenditures of funds from the American Recovery and Reinvestment Act.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 8(ENK\KW) who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 8(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 9(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 9(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 10(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 10(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
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875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 11(ENK\KW) best bid, freight and shipping charges shall be included.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 11(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
best bid, freight and shipping charges shall be included.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 12(ENK\KW) Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 12(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities.
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 * * * 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, or at any building that is determined by the Mississippi Department of Archives and History as being potentially eligible for such designation, excepting those buildings having such designation which are located within the Capitol Complex where procurement exceeds Five Hundred Thousand Dollars ($500,000.00), the agency or governing authority may use the following procedure:
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 * * * 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, or at any building that is determined by the Mississippi Department of Archives and History as being potentially eligible for such designation, including those buildings having such designation which are located within the Capitol Complex where procurement exceeds Five Hundred Thousand Dollars ($500,000.00), the agency or governing authority may use the following procedure:
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 13(ENK\KW) determined * * * on or before the first published notice of bid opening.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 13(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
determined * * * on or before the first published notice of bid opening.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 14(ENK\KW) (v) Decision procedure for high complexity construction projects.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 14(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
(v) Decision procedure for high complexity construction projects.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 15(ENK\KW) regulations established by the Department of Finance and Administration.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 15(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
regulations established by the Department of Finance and Administration.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 16(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 16(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 17(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 17(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 18(ENK\KW) purchasing statutes.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 18(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
purchasing statutes.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 19(ENK\KW) lowest and best contract available for the purchase of such commodities.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 19(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
lowest and best contract available for the purchase of such commodities.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 20(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 20(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 21(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 21(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 22(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 22(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 23(ENK\KW) financially feasible to purchase the necessary equipment or services.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 23(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
financially feasible to purchase the necessary equipment or services.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 24(ENK\KW) supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 24(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
supplies used in such repairs, and the number of hours of labor and costs therefor shall be required for the payment for such repairs.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 25(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 25(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 26(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 26(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 27(ENK\KW) 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;
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 27(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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;
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 28(ENK\KW) entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 28(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
entities on a shared-savings, lease or lease-purchase basis pursuant to Section 31-7-14.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 29(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 29(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 30(ENK\KW) waste collection or disposal and contracts for sewage collection or disposal.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 30(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
waste collection or disposal and contracts for sewage collection or disposal.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 31(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 31(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 32(ENK\KW) (xxxi) Design-build method of contracting and certain other contracts.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 32(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
(xxxi) Design-build method of contracting and certain other contracts.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 33(ENK\KW) (xxxvii) Certain purchases made under the Alyce G.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 33(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
(xxxvii) Certain purchases made under the Alyce G.
(n) Term contract authorization.
(xl) Aircraft and aircraft simulation devices for academic instructional purposes.
All contracts for the purchase of:
Purchases of aircraft and aircraft simulation devices, any parts or equipment relating thereto, by any state institution of higher learning which offers undergraduate and graduate degree programs in aviation, or the H.
(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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 34(ENK\KW) 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.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 34(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
Board of Trustees of State Institutions of Higher Learning, acting on behalf of any state institution of higher learning which offers undergraduate and graduate degree programs in aviation, for purposes of academic instruction.
The university's chair of the Department of Commercial Aviation shall be authorized to develop purchasing procedures which shall be in compliance with the exemption created in this subparagraph, which shall be subject to approval by the IHL board before its implementation.
(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.
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 cost index used in a price adjustment clause shall be determined by the Department of H.
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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 35(ENK\KW) amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 35(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
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.
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 H.
(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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 36(ENK\KW) with two (2) sellers of such systems.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 36(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
(r) Solid waste contract proposal procedure.
H.
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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 37(ENK\KW) are determined by the governing authority or agency to be appropriate for inclusion;
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 37(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
(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;
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.
If the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable, the request for proposals H.
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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 38(ENK\KW) discretion, set aside not more than twenty percent (20%) of its anticipated annual expenditures for the purchase of commodities from minority businesses;
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 38(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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;
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:
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, H.
B.
No.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 39(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
Black, Hispanic or Native American, according to the following definitions:
H.
(t) Construction punch list restriction.
B.
No.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 39(ENK\KW) (t) Construction punch list restriction.
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.
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 H.
(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 H.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS PAGE 40(ENK\KW) or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder.
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH ST:
Public purchases;
revise bidding PAGE 40(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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.
This act shall take effect and be in force from and after July 1, 2023.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
875 *HR26/R1298CS* ~ OFFICIAL ~ 23/HR26/R1298CS ST:
875 *HR26/R1298PH* ~ OFFICIAL ~ 23/HR26/R1298PH PAGE 41(ENK\KW)
Public purchases;
revise bidding PAGE 41(ENK\KW) requirements for certain projects and other related to Mississippi Landmarks.
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Amendments

2 amendments

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Action History

  1. Died In Committee

  2. Referred To Accountability, Efficiency, Transparency

  3. Transmitted To Senate

  4. Passed As Amended

  5. Amended

  6. Committee Substitute Adopted

  7. Read the Third Time

  8. Title Suff Do Pass Comm Sub

  9. Referred To Accountability, Efficiency, Transparency

Sponsors

  • Weathersby · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 174 not signed on

Sponsors (1)

  • Weathersby

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage as Amended

Passed 115 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 56000
Democrat 27002
Unaffiliated 30101
Independent 2000
Total 115103
% of votes cast 97%1%0%3%
How each member voted (119)
Member Party Vote
Bailey — Yea
Bain — Yea
Barnett — Yea
Blackmon — Yea
Bomgar — Yea
Boyd (19th) — Yea
Busby — Yea
Clarke — Yea
Criswell — Yea
Darnell — Yea
Gibbs — Yea
Goodin — Yea
Huddleston — Yea
Jackson — Yea
Johnson — Yea
Lancaster — Yea
McLeod — Yea
Miles — Yea
Paden — Yea
Patterson — Yea
Reynolds — Yea
Robinson — Yea
Stamps — Yea
Straughter — Yea
Thompson — Yea
Walker — Yea
Weathersby — Yea
Williamson — Yea
Young — Yea
Mr. Speaker — Yea
Boyd (37th) — Nay
Hopkins — Not Voting
Bo Brown Democrat Yea
Bo Brown Democrat Not Voting
Bob Evans Democrat Yea
Bob Evans Democrat Not Voting
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Yea
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Yea
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Yea
Zakiya Summers Democrat Yea
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Clay Deweese Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jason White Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Joseph Tubb Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Subjects

public-safety transportation agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 875?
HB 875 is sponsored by Weathersby.
What is the current status of HB 875?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 875?
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