HB 312,by Rep. Gadberry, passed off of the Senate floor by a vote of 38-0. The bill now returns to the House for concurrence which is the last step in the process.
The passage of HB 312 is a major win for the business of engineering and the design community as a whole as it will close a loophole in the Hammett Act by requiring QBS procurement when any public dollars (state or local) are being used for engineering, architecture or surveying. Currently, the law only prohibits a 'public entity' from considering price or price related information when selecting A/E services. Recognizing the limiting language, some public entities have required their prime designers (private entities) to solicit bids from their A/E subs after the public entity selected the prime using QBS. This is a clear circumvention of the law that will no longer be allowed. The legislation also adds that any private entity contracted by a public entity to deliver a project or program of project must also adhere to the Hammett Act.
This enhancement to the Hammett Act will not take effect until August 1, 2025, but please notify me directly if you experience any public entity requesting bids or price related information from your A/E subs or you have a prime designer working for a public entity that is requesting bids engineering or surveying services.
