Does a Mississippi county have to use reverse auction to purchase road and bridge construction equipment over $75,000?

Plain-English summary

For public purchases over $75,000, Mississippi law makes reverse auction "the primary method for receiving bids during the bidding process." A reverse auction is an online competitive process where vendors bid the price down against each other.

The 2022 amendment to Section 31-7-13(c)(i)(2) added an exception. As the opinion quotes it, reverse auction "shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges."

Sunflower County asked the AG whether it was required to use reverse auction to buy a bulldozer, a water truck, and a front-end loader for the County Road Department to use in construction, improvement, and repair of public roads and bridges. The AG said no. Reading the plain language of Section 31-7-13(c)(i)(2), the reverse auction method shall not be used for the purchase of equipment for roads and bridges. The opinion does not address which other purchasing method the county must use instead, or any of the edge cases beyond the equipment described in the request.

What this means for you

County supervisors and purchasing agents buying road equipment

The opinion holds that the county is not required to use reverse auction to buy equipment, such as the bulldozer, water truck, and front-end loader in the request, for use in construction, improvement, and repair of public roads and bridges. Under the amended statute, reverse auction "shall not be used" for that purchase. The opinion does not prescribe an alternative method.

Municipal purchasing officials

The opinion interprets Section 31-7-13(c)(i)(2), which applies to public purchasing generally. It addressed only a county road-equipment purchase; it did not separately analyze municipal purchases, so its reasoning about the reverse-auction exclusion turns on the same statutory text rather than on county-specific rules.

County attorneys

The holding is narrow: reverse auction is not required, and indeed "shall not be used," for the purchase of equipment for road and bridge construction, improvement, or repair. The opinion rests on the plain language of the 2022 amendment and does not catalog which other categories of purchases the exclusion reaches.

Common questions

Does the county have to use reverse auction to buy road-department equipment?
No. The opinion concludes that under Section 31-7-13(c)(i)(2), reverse auction shall not be used for the purchase of equipment for roads and bridges, so the county is not required to use it for the bulldozer, water truck, and front-end loader described in the request.

What does the 2022 amendment actually say?
As quoted in the opinion, reverse auction "shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges."

What purchasing method should the county use instead?
The opinion does not say. It answers only that reverse auction is not the required method for this category of purchase; it does not prescribe an alternative.

Background and statutory framework

Section 31-7-13(c)(i)(2) provides that for purchases over $75,000, "reverse auctions shall be the primary method for receiving bids during the bidding process." The 2022 amendment, as the opinion quotes it, added: "[h]owever, reverse auction shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges."

The AG applied that plain language to the county's question and concluded reverse auction shall not be used for the purchase of equipment for roads and bridges. The opinion does not define the outer limits of the exclusion or address purchases outside the road-and-bridge equipment described in the request.

Citations

• Miss. Code Ann. § 31-7-13(c)(i)(2)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/05/J.McWilliams-May-7-2024-Mississippi-Code-Annotated-Section-31-7-13ci2.pdf

Original opinion text

May 7, 2024
John H. McWilliams, Esq.
Attorney, Sunflower County Board of Supervisors
Post Office Box 107
Indianola, Mississippi 38751-0107
Re: Mississippi Code Annotated Section 31-7-13(c)(i)(2)

Dear Mr. McWilliams:
The Office of the Attorney General has received your request for an official opinion.

Question Presented
Is the county required to use the reverse auction procedure in Mississippi Code Annotated Section 31-7-13(c)(i)(2) to purchase equipment, including a bulldozer, water truck, and front-end loader for use by the County Road Department in construction, improvement, and repair of public roads and bridges within the county?

Brief Response
No. Pursuant to Section 31-7-13(c)(i)(2), any "purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges" shall not use the reverse auction procedure.

Applicable Law and Discussion
Pursuant to Section 31-7-13(c)(i)(2), for purchases over $75,000.00, "reverse auctions shall be the primary method for receiving bids during the bidding process." This section was amended in 2022 and now further provides: "[h]owever, reverse auction shall not be used for any public contract for design, construction, improvement, repair or remodeling of any public facilities, including the purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges." Id.

You ask whether the county is required to use reverse auctions to purchase equipment for use in the construction, improvement, and repair of public roads and bridges within the county. Based on the plain language of Section 31-7-13(c)(i)(2), the reverse auction method shall not be used for the "purchase of materials, supplies, equipment or goods for same and including buildings, roads and bridges."

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General