HOUSE BILL NO. 1429 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE OEHLERKING.
2970H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 8, RSMo, by adding thereto one new section relating to electronic bid procurement systems.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 8, RSMo, is amended by adding thereto one new section, to be 2 known as section 8.981, to read as follows: 8.981. 1. As used in this section, the following terms mean: 2 (1) "Construction project", any publicly funded construction, renovation, or 3 improvement of public infrastructure, buildings, or works including, but not limited to, 4 roads, bridges, or other transportation projects, that are funded in whole or in part by a 5 political subdivision of this state; 6 (2) "Electronic bid procurement system", any secure, government-approved 7 platform or system that facilitates the electronic submission of bids including, but not 8 limited to, a platform or system similar to any electronic procurement system used by 9 the office of administration on the effective date of this section; 10 (3) "Political subdivision", any county, municipality, city, town, or other 11 governmental entity within the state of Missouri authorized to undertake publicly 12 funded construction projects. 13 2. (1) All political subdivisions undertaking construction projects shall allow 14 contractors and vendors the option to submit bids electronically using an electronic bid 15 procurement system or other secure electronic delivery methods.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1429 2
16 (2) The electronic bid submission system shall comply with the uniform 17 electronic transactions act established in sections 432.200 to 432.295 and shall ensure the 18 enforceability of electronic records and signatures under section 432.230. 19 3. (1) Each political subdivision advertising for bids on applicable construction 20 projects shall: 21 (a) Publish a notice on a publicly accessible online portal, such as the political 22 subdivision's official website or an electronic bid procurement system; and 23 (b) Provide notification through an electronic medium, such as a public e- 24 procurement platform or relevant online bid boards, to ensure accessibility to 25 prospective bidders. 26 (2) At the discretion of the political subdivision, additional notice may be posted 27 in local or regional newspapers of general circulation or announced through public or 28 minority business outreach channels. 29 (3) The solicitation notice shall include all necessary information regarding the 30 bid submission process, deadlines, electronic submission instructions, and any other 31 requirements for prospective bidders. 32 4. (1) Political subdivisions shall implement security measures to: 33 (a) Verify the identity of bidders; 34 (b) Ensure confidentiality of bid contents; and 35 (c) Prevent unauthorized access or tampering. 36 (2) Acceptable security measures may include, but are not limited to: 37 (a) Digital signatures compliant with section 432.230; 38 (b) Encryption protocols; or 39 (c) Other security technologies adhering to industry standards. 40 (3) All electronic bid submissions shall remain secure and accessible to the 41 public at the specified time for the opening of bids in compliance with chapter 34. 42 5. (1) Political subdivisions accepting electronic bid submissions shall provide an 43 electronic receipt to the bidder at the time of submission. 44 (2) The receipt shall include the date and time of submission and may be: 45 (a) Immediately transmitted to the bidder via email or other electronic 46 notification; or 47 (b) Accessible to the bidder in an online system where it can be viewed and 48 printed. 49 6. (1) The office of administration shall develop and issue guidelines to assist 50 political subdivisions in implementing secure electronic bid submission processes. Such 51 guidelines shall be issued no later than one year after the effective date of this section. HB 1429 3
52 (2) The office of administration may recommend specific digital platforms, 53 security protocols, and compliance measures to ensure compliance with this section. 54 Any electronic procurement system used by the office of administration on the effective 55 date of this section or similar systems may be referenced as examples of compliant 56 platforms. 57 (3) The office of administration shall consult with political subdivisions, 58 contractors, and industry experts during the development of such guidelines to ensure 59 practical and effective implementation. ✔
Statutes affected: