Q Our community college would like to enter into an agreement by which a private development firm would construct dormitories on the college’s land, and then lease the dormitories to the college for a period of thirty years. At the end of the lease term, the dormitories would belong to the college. Does the college have the authority to enter into such a contract? Would Section 37-29-139 exempt this construction project from the bid laws?

A Yes, a community college as the authority to enter into a 30 year lease with a private developer for the purpose of constructing dormitories on property leased to the developer by the community college, pursuant to Sections 37-29-131 and 37-29-135. Section 37-29-139 specifically exempts lease agreements authorized under Sections 37-29-131 through 37-29-139 from laws concerning the “acquisition, construction and drawing of buildings or facilities”, which include competitive bidding requirements. (Attorney General’s Opinion to Marshall, April 24, 2015)