Mississippi Senate Bill SB2845

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Construction manager at risk program; exempt under public bidding laws.

Impact

A notable implication of SB2845 is that contracts resulting from this management approach are exempted from public bidding laws. This exemption could enhance the speed and flexibility with which state agencies can initiate and complete construction projects, as they will not be bound by the traditional competitive bidding process. Supporters argue that this will enable the state to act more decisively in executing necessary construction tasks, ultimately leading to better management of resources and time.

Summary

Senate Bill 2845 proposes amendments to the Mississippi Code that affect the construction management processes for state projects. Specifically, the bill introduces provisions that allow the Department of Finance and Administration to mandate that construction managers procure all necessary contracts as part of their role in the construction manager at-risk method of project delivery. This new approach is designed to streamline the process by which construction projects are managed and executed at the state level, thereby promoting efficiency and potentially reducing delays in public works programs.

Contention

Opponents of the bill might raise concerns about the lack of transparency and accountability that can arise from bypassing public bidding requirements. Bypassing these regulations could lead to questions about the fairness of contract awards and the potential for favoritism or corruption. Furthermore, critics may argue that local contractors could be disproportionately affected, as larger firms may benefit more from the ability to secure contracts without competitive bids, potentially stifling competition and local economic participation.