EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 827
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
2995S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 8.255, RSMo, and to enact in lieu thereof two new sections relating to public
contracts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 8.255, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 8.255 2
and 8.292, to read as follows:3
8.255. 1. The director of the division of facilities 1
management, design and construction may authorize any agency 2
of the state to establish standing contracts for the purpose 3
of accomplishing construction, renovation, maintenance and 4
repair projects not exceeding [one] two hundred fifty 5
thousand dollars. Such contracts shall be advertised and 6
bid in the same manner as contracts for work which exceeds 7
[one] two hundred [thousand] fifty dollars, except that each 8
contract shall allow for multiple projects, the cost of eac h 9
of which does not exceed [one] two hundred fifty thousand 10
dollars. Each contract shall be of a stated duration and 11
shall have a stated maximum total expenditure. For job 12
order contracts, the total expenditure per project shall not 13
exceed [three] seven hundred fifty thousand dollars. 14
2. The director, with full documentation, shall have 15
the authority to authorize any agency to contract for any 16
design or construction, renovation, maintenance, or repair 17
work which in his judgment can best be p rocured directly by 18 SB 827 2
such agency. The director shall establish, by rule, the 19
procedures which the agencies must follow to procure 20
contracts for design, construction, renovation, maintenance 21
or repair work. Each agency which procures such contracts 22
pursuant to a delegation shall file an annual report as 23
required by rule. The director shall provide general 24
supervision over the process. The director may establish 25
procedures by which such contracts are to be procured, 26
either generally or in accordan ce with each authorization. 27
3. The director, in his sole discretion, may with full 28
documentation approve a recommendation from a project 29
designer that a material, product or system within a 30
specification for construction, renovation or repair work be 31
designated by brand, trade name or individual mark, when it 32
is determined to be in the best interest of the state. The 33
specification may include a preestablished price for 34
purchase of the material, product or system where required 35
by the director. 36
8.292. 1. As used in this section, "master agreement" 1
means a contract for architecture, engineering, or land 2
surveying services that will be performed on an as -need 3
basis for an indefinite quantity of projects over a defined 4
period. 5
2. The division of facilities management, design and 6
construction may establish master agreements using a 7
qualification-based selection process. Master agreements 8
may be used for multiple projects, provided the estimated 9
fee for architecture, engineering, or land surveying 10
services for each individual project does not exceed one 11
hundred thousand dollars. 12
3. The division shall issue a request for 13
qualifications for all master agreements. Each request for 14 SB 827 3
qualifications shall be pub lished on the website of the 15
division or advertised through an electronic medium 16
available to the general public for a period of at least ten 17
days before statements of qualifications are reviewed. 18
4. The request for qualifications shall specify th e 19
number of master agreements to be awarded and the basis for 20
establishing multiple master agreements. Multiple master 21
agreements may be awarded based on a set number, geographic 22
region, or the type of projects or services to be performed. 23
5. The division shall evaluate statements of 24
qualifications for a master agreement based on the following 25
criteria: 26
(1) The specialized experience and technical 27
competence of the firm with respect to the type of services 28
that may be required; 29
(2) The past record of performance of the firm with 30
respect to such factors as control of costs, quality of 31
work, and ability to meet schedules; and 32
(3) If applicable, the firm's proximity to and 33
familiarity with the area in which services are to be 34
performed. 35
6. The period for each master agreement may not exceed 36
two years, including all renewal periods, and the total 37
value of all services performed under the master agreement 38
may not exceed one million dollars per year. 39
7. A master agreement shall set forth the agreed -upon 40
terms and conditions and the fee schedule or hourly rate for 41
the specified period. The scope, schedule, and total fee 42
for each project performed under the master agreement shall 43
be established by a task order i ssued by the division. 44