227.102. Electronic bidding authorized, requirements and criteria--rulemaking authority. - Missouri Statutes

Electronic bidding authorized, requirements and criteria--rulemakingauthority.

227.102. 1. Notwithstanding any other provision of law to thecontrary, the commission is authorized to receive bids and bid bonds forany contract for construction, maintenance, repair, or improvement of anybridge or highway on the state highway system electronically via theInternet. Such electronically submitted bids and bid bonds shall containdigital signatures and seals, and all other required bid information andcertifications, in accordance with commission administrative rules,sections 432.200 to 432.295, RSMo, and with any applicable federalcompetitive bidding requirements. At its discretion, the commission mayelect to receive both electronic and paper bids, or the commission mayspecify electronic bidding exclusively for any proposed contract.

2. Any electronic bidding program or service implemented by thecommission and the electronic bid and bid bond vendor shall meet thefollowing criteria, at a minimum:

(1) Each bidder must be able to transmit an electronic bid and bidbond securely and confidentially through bid encryption or other protectionmeasures;

(2) Each bidder must receive prompt confirmation of the timelyelectronic filing of the bidder's bid and bid bond;

(3) Each bidder must be able to withdraw or replace the bidder'sfiled electronic bid and bid bond prior to the time bids are opened;

(4) Each bid filed electronically must be inaccessible or unreadableto all others except for the bidder prior to the time bids are opened;

(5) The portal for filing bids must have a mechanism to block anyadditional bids or modifications to bids when bids are scheduled to beopened; and

(6) Commission representatives and officials of the department oftransportation must have full and immediate access to the bids and bidbonds at the time bids are designated to be opened, but not prior to thattime.

3. The commission is authorized to promulgate administrative rules toadminister the provisions in this section. Any rule or portion of a rule,as that term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.

(L. 2008 S.B. 930 & 947)