AN ACT TO AMEND SECTION 31-7-13.1, MISSISSIPPI CODE OF 1972, TO REVISE THE DUAL-PHASE DESIGN-BUILD METHOD OF CONSTRUCTION CONTRACTING; TO REMOVE THE REQUIREMENT FOR TWO PHASES OF DESIGN-BUILD CONSTRUCTION CONTRACTING; TO PROVIDE THAT DESIGN-BUILD CONSTRUCTION CONTRACTING MAY BE USED FOR RESIDENTIAL BUILDINGS, RESIDENTIAL-MIXED USED DEVELOPMENTS, PARKING GARAGES AND OTHER PRESCRIPTIVE TYPE FACILITIES; TO PROVIDE THAT THE DESIGN-BUILD METHOD OF CONSTRUCTION CONTRACTING MAY ONLY BE USED WHEN THE DEPARTMENT OF FINANCE AND ADMINISTRATION OR A GOVERNING AUTHORITY HAS DETERMINED THAT USING THE DESIGN-BUILD METHOD OF CONSTRUCTION CONTRACTING SATISFIES THE PUBLIC INTEREST BETTER THAN TRADITIONAL DESIGN BID OR WHEN THE LEGISLATURE HAS SPECIFICALLY REQUIRED OR AUTHORIZED THE USE OF THIS METHOD IN THE LEGISLATION AUTHORIZING A PROJECT; TO PROVIDE THAT INSTEAD OF THE DUAL-PHASE PROCEDURE FOR AWARDING A CONTRACT, FOR EACH PROPOSED DESIGN-BUILD PROJECT, EITHER A FIXED FIRM PRICE OR GUARANTEED MAXIMUM PRICE CONTRACT MUST BE ADOPTED; TO REVISE WHAT MUST BE INCLUDED IN THE WORK STATEMENT; TO PROVIDE THAT NOTICE SHALL ALSO BE POSTED ON THE MISSISSIPPI PROCUREMENT PORTAL; TO PROVIDE THAT PROPOSALS WHICH INCLUDE CRITERIA OTHER THAN COST ONLY SHALL BE EVALUATED BY AN EVALUATION COMMITTEE ESTABLISHED BY THE PROCURING ENTITY; TO PROVIDE THE MAKEUP OF THE EVALUATION COMMITTEE AND THE SELECTION CRITERIA THAT THE EVALUATION COMMITTEE SHALL CONSIDER WHEN EVALUATING SUBMITTED PROPOSALS; TO PROVIDE THAT AN AGENCY OR GOVERNING AUTHORITY MAY NOT AWARD A STIPULATED FEE TO AN OFFEROR FOR PREPARATION COSTS TO SUBMIT A RESPONSE TO THE REQUEST FOR PROPOSALS; TO AMEND SECTIONS 31-11-3, 61-3-15 AND 31-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 31-7-13.1, 31-11-3, 61-3-15, 31-7-13
As Passed by the House: 31-7-13.1, 31-11-3, 61-3-15, 31-7-13
Approved by the Governor: 31-7-13.1, 61-3-15, 31-7-13