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SECOND REGULAR SESSION
HOUSE BILL NO. 2305
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OEHLERKING.
5782H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 8, RSMo, by adding thereto one new section relating to electronic bid
procurement systems.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 8, RSMo, is amended by adding thereto one new section, to be
2 known as section 8.981, to read as follows:
8.981. 1. As used in this section, the following terms mean:
2 (1) "Construction project", any publicly funded construction, ren ovation, or
3 impr ovement of public infrastructur e, buildings, or works including, but not limited to,
4 r oads, bridges, or other transportation projects, that ar e funded in whole or in part by a
5 political subdivision of this state;
6 (2) "Electroni c bid pr ocur ement system", any secure, government-appr oved
7 platform or system that facilitates the electr onic submission of bids including, but not
8 limited to, a platform or system similar to any electr onic pro curement system used by
9 the office of administration on the effective date of this section;
10 (3) "Political subdivision", any county , municipality , city , town, or other
11 governmental entity within the state of Missouri authorized to undertake publicly
12 funded construction pr ojects.
13 2. (1) All political subdivisions undertaking construction pr ojects shall allow
14 contractors and vendors the option to submit bids electr onically using an electr onic bid
15 pr ocur ement system or other secur e electr onic delivery methods.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 (2) The electr onic bid submission system shall comply with the uniform
17 electr onic transactions act established in sections 432.200 to 432.295 and shall ensure the
18 enfor ceability of electr onic r ecords and signatures under section 432.230.
19 3. (1) Each political subdivision advertising for bids on applicable construction
20 pr ojects shall:
21 (a) Publish a notice on a publicly accessible online portal, such as the political
22 subdivision's official website or an electr onic bid pro curement system; and
23 (b) Pr ovide notification thr ough an electr onic medium, such as a public e-
24 pr ocur ement platform or r elevant online bid boards, to ensure accessibility to
25 pr ospective bidders.
26 (2) At the discret ion of the political subdivision, additional notice may be posted
27 in local or region al newspapers of general circu lation or announced thr ough public or
28 minority business outreach channels.
29 (3) The solicitation notice shall include all necessary information reg arding the
30 bid submission pr ocess, deadlines, electr onic submission instructions, and any other
31 r equir ements for prospective bidders.
32 4. (1) Political subdivisions shall implement security measur es to:
33 (a) V erify the identity of bidders;
34 (b) Ensure confidentiality of bid contents; and
35 (c) Pr event unauthorized access or tampering.
36 (2) Acceptable security measur es may include, but ar e not limited to:
37 (a) Digital signatures compliant with section 432.230;
38 (b) Encryption pr otocols; or
39 (c) Other security technologies adhering to industry standards.
40 (3) All electr onic bid submissions shall rem ain secur e and accessible to the
41 public at the specified time for the opening of bids in compliance with chapter 34.
42 5. (1) Political subdivisions accepting electr onic bid submissions shall pro vide an
43 electr onic receip t to the bidder at the time of submission.
44 (2) The re ceipt shall include the date and time of submission and may be:
45 (a) Immediately transmitted to the bidder via email or other electr onic
46 notification; or
47 (b) Accessible to the bidder in an online system wher e it can be viewed and
48 printed.
49 6. (1) The office of administration shall develop and issue guidelines to assist
50 political subdivisions in implementing secure electr onic bid submission pro cesses. Such
51 guidelines shall be issued no later than one year after the effective date of this section.
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52 (2) The office of administration may r ecommend specific digital platforms,
53 security pr otocols, and compliance measur es to ensur e compliance with this section.
54 Any electr onic pro curement system used by the office of administration on the effective
55 date of this section or similar systems may be ref erenc ed as examples of compliant
56 platforms.
57 (3) The office of administration shall consult with political subdivisions,
58 contractors, and industry experts during the development of such guidelines to ensur e
59 practical and effective implementation.
✔
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