Mississippi Code

Miss. Code Ann. § 59-5-37 (2026)

Employment of personnel, execution of contracts, etc., for development, promotion, maintenance, etc., of ports, harbors, rivers, etc.; suits by and against state port authority; advertising and bidding requirements for contracts or purchases; use of design-build method of contracting

✓ current as of July 2026

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(1) The board or State Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways including, if required for its protection, retirement benefits, workers' compensation insurance and other employee benefits for the benefit of any employees of the board or State Port Authority. The board or State Port Authority may establish a trade development and promotion account to pay all direct and necessary expenses for the promotion and development of the state port. The authority is granted the power to sue and be sued in its own name.

(2)
- (a) The board or State Port Authority may, in its discretion, make such contracts or purchases according to the state purchasing laws. Contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder who shall make bond as shall be required by the board or State Port Authority conditioned for the faithful prosecution and completion of work according to such contracts, such bond to be furnished by a corporate surety company qualified to do business in this state. However, the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-5-11, and the acquisition thereof by the board upon such terms and conditions and for such amount as may be approved by the board.
- (b) The State Port Authority shall be considered to be a "governing authority" under the state public purchasing laws as that term is defined in Section 31-7-1 and used in Sections 31-7-1 through 31-7-73, and shall not be subject to the jurisdiction of the Department of Finance and Administration, the Public Procurement Review Board or the Bureau of Building, Grounds and Real Property Management under the provisions of Sections 27-104-7, 29-5-2 and 31-11-3.

(3)[Repealed effective 7/1/2027]
- (a) The board or State Port Authority, in its discretion, may use the design-build method of contracting for the renovation, repair and/or making of other improvements to not more than one (1) freezer and related equipment and/or facilities at the State Port at Gulfport, Mississippi. Notwithstanding any other provision of law to the contrary, any port or port commission may use the design-build method of contracting for the renovation, repair and/or making of other improvements to equipment and/or facilities at the port. For the purposes of this subsection (3), the term "design-build method of contracting" means a contract that combines the design and construction phases of a project into a single contract and the contractor is required to satisfactorily perform, at a minimum, both the design and construction of the project.
- (b) This subsection (3) shall stand repealed from and after July 1, 2027.

Codes, 1942, § 7564-13; Laws, 1958, ch. 365, § 13; Laws, 1962, ch. 389; Laws, 1976, ch. 400, § 2; Laws, 1984; reenacted and amended, 1985, ch. 474, § 17; Laws, 1986, ch. 438, § 39; Laws, 1987, ch. 483, § 40; Laws, 1988, ch. 442, § 37; Laws, 1989, ch. 537, § 35; Laws, 1990, ch. 518, § 36; Laws, 1991, ch. 618, § 36; Laws, 1992, ch. 491, § 38; Laws, 1997, ch. 401, § 1; Laws, 2001, ch. 321, § 1; Laws, 2008, ch. 544, § 1; Laws, 2010, ch. 535, § 1; Laws, 2012, ch. 485, § 5, eff. 4/26/2012.

Amended by Laws, 2024, ch. 457, HB 652,§ 1, eff. 7/1/2024.

Amended by Laws, 2020, ch. 404, SB 2273,§ 1, eff. 7/1/2020.

Amended by Laws, 2016, ch. 417, HB 506, 1, eff. 7/1/2016.

Amended by Laws, 2013, ch. 347, HB 129, 1, eff. 7/1/2013.

Notes of Decisions

Cited in 5 cases, 1983–2018 · leading case: Tradigrain, Inc. v. Mississippi State Port Auth., 701 F.2d 1131 (5th Cir. 1983).

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Tradigrain, Inc. v. Mississippi State Port Auth., 701 F.2d 1131 (5th Cir. 1983). · cites it 8× “For example, it may sue and be sued in its own name, Miss.Code Ann. § 59-5-37 (1972 supp. 1982); purchase, lease and own property, § 59-5-7 (facilities, buildings, vessels), § 59-5-31 (public utility systems and necessary easements), § 59-5-37 (land); and enter into contracts…”

Mississippi State Port Auth. v. S. Indus. Contractors, LLC, 271 So. 3d 742 (Miss. Ct. App. 2018). · cites it 4× “The record and applicable statutory law reflect that the Port Authority's principal office, and all Port facilities, are entirely situated in the City of Gulfport, Harrison County, Mississippi, see Miss. Code Ann. § 59-5-37 (3)(a) (referencing the Port Authority's operations and…”

Strait v. Pat Harrison Waterway Dist., 523 So. 2d 36 (Miss. 1988). “1987) Southeast Mississippi Industrial Council § 59-5-37 (Supp. 1987) State Port Authority § 59-17-31 (Supp.”

Mississippi State Port Auth. v. Inland Tugs Co., 660 F. Supp. 38 (S.D. Miss. 1986). · cites it 2× “Section 59-5-37 (Supp. 1985). Two other requirements for the application of this doctrine—that there be no accrued, intervening rights, and that the parties’ positions be such that the status quo may be restored, Mississippi State Bldg.”

Strait v. Pat Harrison Waterway Dist., 523 So. 2d 36 (Miss. 1988). “1987) Southeast Mississippi Industrial Council § 59-5-37 (Supp.1987) State Port Authority § 59-17-31 (Supp.”

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