1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 827 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR GREGORY (21). |
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8 | 8 | | 2995S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 8.255, RSMo, and to enact in lieu thereof two new sections relating to public |
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11 | 11 | | contracts. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 8.255, RSMo, is repealed and two new 1 |
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15 | 15 | | sections enacted in lieu thereof, to be known as sections 8.255 2 |
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16 | 16 | | and 8.292, to read as follows:3 |
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17 | 17 | | 8.255. 1. The director of the division of facilities 1 |
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18 | 18 | | management, design and construction may authorize any agency 2 |
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19 | 19 | | of the state to establish standing contracts for the purpose 3 |
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20 | 20 | | of accomplishing construction, renovation, maintenance and 4 |
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21 | 21 | | repair projects not exceeding [one] two hundred fifty 5 |
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22 | 22 | | thousand dollars. Such contracts shall be advertised and 6 |
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23 | 23 | | bid in the same manner as contracts for work which exceeds 7 |
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24 | 24 | | [one] two hundred [thousand] fifty dollars, except that each 8 |
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25 | 25 | | contract shall allow for multiple projects, the cost of eac h 9 |
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26 | 26 | | of which does not exceed [one] two hundred fifty thousand 10 |
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27 | 27 | | dollars. Each contract shall be of a stated duration and 11 |
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28 | 28 | | shall have a stated maximum total expenditure. For job 12 |
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29 | 29 | | order contracts, the total expenditure per project shall not 13 |
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30 | 30 | | exceed [three] seven hundred fifty thousand dollars. 14 |
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31 | 31 | | 2. The director, with full documentation, shall have 15 |
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32 | 32 | | the authority to authorize any agency to contract for any 16 |
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33 | 33 | | design or construction, renovation, maintenance, or repair 17 |
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34 | 34 | | work which in his judgment can best be p rocured directly by 18 SB 827 2 |
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35 | 35 | | such agency. The director shall establish, by rule, the 19 |
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36 | 36 | | procedures which the agencies must follow to procure 20 |
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37 | 37 | | contracts for design, construction, renovation, maintenance 21 |
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38 | 38 | | or repair work. Each agency which procures such contracts 22 |
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39 | 39 | | pursuant to a delegation shall file an annual report as 23 |
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40 | 40 | | required by rule. The director shall provide general 24 |
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41 | 41 | | supervision over the process. The director may establish 25 |
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42 | 42 | | procedures by which such contracts are to be procured, 26 |
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43 | 43 | | either generally or in accordan ce with each authorization. 27 |
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44 | 44 | | 3. The director, in his sole discretion, may with full 28 |
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45 | 45 | | documentation approve a recommendation from a project 29 |
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46 | 46 | | designer that a material, product or system within a 30 |
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47 | 47 | | specification for construction, renovation or repair work be 31 |
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48 | 48 | | designated by brand, trade name or individual mark, when it 32 |
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49 | 49 | | is determined to be in the best interest of the state. The 33 |
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50 | 50 | | specification may include a preestablished price for 34 |
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51 | 51 | | purchase of the material, product or system where required 35 |
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52 | 52 | | by the director. 36 |
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53 | 53 | | 8.292. 1. As used in this section, "master agreement" 1 |
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54 | 54 | | means a contract for architecture, engineering, or land 2 |
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55 | 55 | | surveying services that will be performed on an as -need 3 |
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56 | 56 | | basis for an indefinite quantity of projects over a defined 4 |
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57 | 57 | | period. 5 |
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58 | 58 | | 2. The division of facilities management, design and 6 |
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59 | 59 | | construction may establish master agreements using a 7 |
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60 | 60 | | qualification-based selection process. Master agreements 8 |
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61 | 61 | | may be used for multiple projects, provided the estimated 9 |
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62 | 62 | | fee for architecture, engineering, or land surveying 10 |
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63 | 63 | | services for each individual project does not exceed one 11 |
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64 | 64 | | hundred thousand dollars. 12 |
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65 | 65 | | 3. The division shall issue a request for 13 |
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66 | 66 | | qualifications for all master agreements. Each request for 14 SB 827 3 |
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67 | 67 | | qualifications shall be pub lished on the website of the 15 |
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68 | 68 | | division or advertised through an electronic medium 16 |
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69 | 69 | | available to the general public for a period of at least ten 17 |
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70 | 70 | | days before statements of qualifications are reviewed. 18 |
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71 | 71 | | 4. The request for qualifications shall specify th e 19 |
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72 | 72 | | number of master agreements to be awarded and the basis for 20 |
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73 | 73 | | establishing multiple master agreements. Multiple master 21 |
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74 | 74 | | agreements may be awarded based on a set number, geographic 22 |
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75 | 75 | | region, or the type of projects or services to be performed. 23 |
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76 | 76 | | 5. The division shall evaluate statements of 24 |
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77 | 77 | | qualifications for a master agreement based on the following 25 |
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78 | 78 | | criteria: 26 |
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79 | 79 | | (1) The specialized experience and technical 27 |
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80 | 80 | | competence of the firm with respect to the type of services 28 |
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81 | 81 | | that may be required; 29 |
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82 | 82 | | (2) The past record of performance of the firm with 30 |
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83 | 83 | | respect to such factors as control of costs, quality of 31 |
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84 | 84 | | work, and ability to meet schedules; and 32 |
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85 | 85 | | (3) If applicable, the firm's proximity to and 33 |
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86 | 86 | | familiarity with the area in which services are to be 34 |
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87 | 87 | | performed. 35 |
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88 | 88 | | 6. The period for each master agreement may not exceed 36 |
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89 | 89 | | two years, including all renewal periods, and the total 37 |
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90 | 90 | | value of all services performed under the master agreement 38 |
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91 | 91 | | may not exceed one million dollars per year. 39 |
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92 | 92 | | 7. A master agreement shall set forth the agreed -upon 40 |
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93 | 93 | | terms and conditions and the fee schedule or hourly rate for 41 |
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94 | 94 | | the specified period. The scope, schedule, and total fee 42 |
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95 | 95 | | for each project performed under the master agreement shall 43 |
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96 | 96 | | be established by a task order i ssued by the division. 44 |
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97 | 97 | | |
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