Contracts for Construction

G8.06 Contracts for Construction

As a state institution, all contracts involving construction on any property owned or used by Missouri State University shall be procured, executed, and administered in strict compliance with the statutes and laws of the State of Missouri including, but not necessarily limited to, applicable sections of chapters 8 and 290 of the Missouri Revised Statutes as well as any applicable sections of the Code of State Regulations. In addition, all University contracts shall comply with Governing Policy: Contract Authorization, G1.18.

The Board of Governors, at its discretion, may dispense with the competitive bidding and advertising requirements as they relate to the construction of building on University property if a private donor providing all or substantially all (defined as at least 90 percent) of the money for such construction project specifies, as a condition precedent to the donation, the consultant (architect, engineer, and/or land surveyor) and/or the contractor to be utilized. In exercising its discretion concerning such donations, the Board of Governors considerations will include, but not necessarily be limited to, the capabilities and prior experience of the consultant and/or contractor with similar construction projects, the ability of the University to assure that the building meets all applicable construction standards and codes, any conflicts of interest that may exist for the donor, the consultant, and/or contractor and the ability of the University to assure compliance with all applicable contract terms and laws related to such construction projects. Any such approval by the Board of Governors to dispense with the competitive bidding and advertising requirements shall be contingent upon the willingness of the specified consultant and/or contractor to agree in writing to comply with standard University contract terms and conditions and to perform such contractual obligations for a specified amount within the specified budget for the construction project.

All work involving contracts for construction shall be the responsibility of Planning, Design, and Construction.

Construction as defined by the state statutes includes construction, reconstruction, improvement, enlargement, alteration, painting and decorating, major repair, conversion, or increase in size and/or capacity. Replacement of a damaged, deteriorated, or worn item, system, or asset for the purpose of reestablishing the original capacity or capability is defined as repair by replacement and is considered construction.