PUBLICATION OF NOTICE FOR CERTAIN PUBLIC PROJECTS (SECTIONS 8.250, 8.679, AND 8.690)

This act modifies the public notice requirements required for certain public contracts. Specifically, for each of the following projects, the officer or agency entering into the contract or project is required to advertise in a newspaper in the county where the work is located and through an electronic medium available to the general public and allow such advertisement to be posted for a period of 5 days prior to bids or proposals being opened:

· Contracts for projects entered into by an officer or agency of the state in excess of $100,000 (Section 8.250);

· Certain public works projects performed with a negotiated contract with construction management services. (Section 8.679); and

· Construction manager-at-risk and design-build projects engaged in by the Office of Administration. (Section 8.690).

These provisions are identical to provisions in HCS/HB 752 (2023) and substantially similar to provisions in SB 362 (2023).

OA COMPETITIVE BIDDING SOLICITATIONS (SECTION 34.042)

The Commissioner of Administration is permitted to award a contract to the lowest and best responsive vendor, as determined by the evaluation criteria set out in the solicitation, while reserving certain contract provisions for negotiation after the notice of award, provided such fact is indicated in the solicitation for proposals. The reserved contract provisions for post-award negotiation shall not be provisions that were part of the evaluation criteria and scoring or provisions that impacted such criteria or scoring. The time frame for such post-award negotiations shall be set out in the solicitation itself, and if such negotiations fail, the Commissioner may cancel the award and award the contract to the next lowest and best vendor. If satisfied with the lowest and best responsive vendor's proposal, the Commissioner may waive post-award negotiations.

This provision is identical to a provision in HCS/HB 752 (2023).

PUBLICATION OF NOTICE BY COUNTY PLANNING BOARDS - MASTER PLANS (SECTION 64.231)

Pursuant to current law, before the adoption, amendment, or extension of a master plan by a county planning board, the board shall hold at least one public hearing, with the notice of the hearing to be published in at least one newspaper having general circulation within the county, and notice of the hearing shall also be posted at least 15 days in advance thereof in at least two conspicuous places in each township. This act repeals the requirement to post in at least two conspicuous places in each township and instead requires posting on the county's website.

ELIGIBILITY FOR NEWSPAPERS AS PUBLISHER OF PUBLIC ADVERTISEMENTS (SECTIONS 493.050 AND 493.070)

This act modifies the requirements for newspapers that are permitted to publish public advertisements by allowing the following newspapers, if otherwise satisfying statutory requirements, to publish such advertisements:

· Those that have been published regularly and consecutively for a period of one year, rather than three years;

· Those that are deemed a successor to a defunct newspaper by virtue of beginning publication not later than 90 days, rather than 30 days, after the termination of publication of the defunct newspaper; and

· Those that have been purchased or newly established by a newspaper that has been published regularly and consecutively for a period of one year or that is a successor to a defunct newspaper.

SCOTT SVAGERA