Missouri Revised Statutes
Chapter 34 - State Purchasing and Printing
Section 34.040 - Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority.

Effective - 28 Aug 2019, 2 histories
34.040. Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority. — 1. All purchases in excess of ten thousand dollars shall be based on competitive bids, except as otherwise provided in this chapter.
2. On any purchase where the estimated expenditure shall be one hundred thousand dollars or over, except as provided in subsection 6 of this section, the commissioner of administration shall:
(1) Advertise for bids in at least two daily newspapers of general circulation in such places as are most likely to reach prospective bidders and may advertise in at least two weekly minority newspapers and may provide such information through an electronic medium available to the general public at least five days before bids for such purchases are to be opened. Other methods of advertisement, which may include minority business purchase councils, however, may be adopted by the commissioner of administration when such other methods are deemed more advantageous for the supplies to be purchased;
(2) Post a notice of the proposed purchase in his or her office; and
(3) Solicit bids by mail or other reasonable method generally available to the public from prospective suppliers. All bids for such supplies shall be mailed or delivered to the office of the commissioner of administration so as to reach such office before the time set for opening bids.
3. The contract shall be let to the lowest and best bidder. The commissioner of administration shall have the right to reject any or all bids and advertise for new bids, or purchase the required supplies on the open market if they can be so purchased at a better price. When bids received pursuant to this section are unreasonable or unacceptable as to terms and conditions, noncompetitive, or the low bid exceeds available funds and it is determined in writing by the commissioner of administration that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this section, provided that each responsible bidder who submitted such bid under the original solicitation is notified of the determination and is given a reasonable opportunity to modify their bid and submit a best and final bid to the state. In cases where the bids received are noncompetitive or the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation.
4. The director of the department of revenue shall follow bidding procedures as contained in this chapter and may promulgate rules necessary to establish such procedures. No points shall be awarded on a request for proposal for a contract license office to a bidder for a return-to-the-state provision offer.
5. All bids shall be based on standard specifications wherever such specifications have been approved by the commissioner of administration. The commissioner of administration shall make rules governing the delivery, inspection, storage and distribution of all supplies so purchased and governing the manner in which all claims for supplies delivered shall be submitted, examined, approved and paid. The commissioner shall determine the amount of bond or deposit and the character thereof which shall accompany bids or contracts.
6. The department of natural resources may, without the approval of the commissioner of administration required pursuant to this section, enter into contracts of up to five hundred thousand dollars to abate illegal waste tire sites pursuant to section 260.276 when the director of the department determines that urgent action is needed to protect public health, safety, natural resources or the environment. The department shall follow bidding procedures pursuant to this section and may promulgate rules necessary to establish such procedures. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.
7. The commissioner of administration and other agencies to which the state purchasing law applies shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in chapter 144. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or otherwise.
8. The commissioner of administration may hold reverse auctions to procure merchandise, supplies, raw materials, or finished goods if price is the primary factor in evaluating bids, excluding items in section 34.047. The office of administration shall promulgate rules regarding the handling of the reverse auction process.
9. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2019, shall be invalid and void.
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(RSMo 1939 § 14591, A.L. 1945 p. 1428 § 65, A.L. 1983 H.B. 384, A.L. 1990 S.B. 808 & 672, A.L. 1995 H.B. 562, A.L. 1999 H.B. 603, A.L. 2003 H.B. 600, A.L. 2015 H.B. 137, A.L. 2019 H.B. 1088)
CROSS REFERENCE:
Bidding for construction of a minimum security correctional facility, 221.500

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title IV - Executive Branch

Chapter 34 - State Purchasing and Printing

Section 34.010 - Definitions.

Section 34.030 - Commissioner to purchase all supplies and lands — requirements for certain land purchases.

Section 34.031 - Recycled products, preference for products made from solid waste — elimination of purchase of products made from polystyrene foam — commissioner of administration, duties — report.

Section 34.032 - Recycled paper to be used, when — recyclable products to be collected by all state agencies — sale proceeds to fund utilicare.

Section 34.040 - Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority.

Section 34.042 - Competitive bidding may be waived for competitive proposals, when — procedure — contract to be let to the lowest and best offeror.

Section 34.043 - Competitive bidding — waiver of permitted, when.

Section 34.044 - One source of supplies, waiver of competitive bids and proposals — rescission of waiver, when — single source exists, when — advertising waived, when.

Section 34.045 - Emergency procurement, waiver of competitive bids or proposals.

Section 34.046 - Contract directly with other governmental entities for purchase of supplies.

Section 34.047 - Information technology purchases, online bidding/vendor registration system to be used for notice, when.

Section 34.048 - General Services Administration vendors, purchase of supplies authorized.

Section 34.050 - Regulations for purchase of supplies — rules generally, promulgation, procedure.

Section 34.055 - State to pay late charges for supplies and services, when, rate — vendor to apply, exception — energy assistance program for persons of low income, recipients exempt from interest charges.

Section 34.059 - Surety bonds required for public works contracts or construction, public entity cannot require they be obtained from particular insurance or surety company.

Section 34.060 - Requests for bids on supplies and materials to be in general terms — to recite preference for Missouri products.

Section 34.070 - Preference to Missouri products and firms.

Section 34.071 - Commodities defined.

Section 34.073 - Missouri businesses, performance of jobs or services, preference, when.

Section 34.074 - Disabled veterans, state and political subdivision contracts, preference to be given, when — rulemaking authority.

Section 34.076 - Out-of-state contractors or products for public works, requirements, exceptions.

Section 34.080 - Institutions to use coal from Missouri or adjoining states, when — institution defined.

Section 34.090 - Laws requiring purchase from state institutions to be given effect.

Section 34.100 - Direct purchases and emergency purchases, when authorized, procedure.

Section 34.110 - Acceptance of gifts to state — purchase of surplus war materials.

Section 34.115 - Return of gifts made to state to donor, when, how — donation of motor vehicles to assist military veterans, return of title, when.

Section 34.120 - Departments to report supplies on hand, records of purchase.

Section 34.125 - Departments to keep inventories of nonexpendable property.

Section 34.140 - Inventory of removable equipment, when — transfer of supplies between departments, when — distribution to certain donees, definitions, procedure — sale by auction, sealed bid — sidearms and badges, who may purchase, when.

Section 34.150 - Violation by any department renders contract void — liability of head of department.

Section 34.160 - Commissioner not to be interested in concern making bids for furnishing supplies or printing — penalty for violation.

Section 34.165 - Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when.

Section 34.170 - Commissioner to purchase all state printing — exceptions.

Section 34.175 - Soybean-based ink to be used for state printing, when — logo requirement — effective when.

Section 34.180 - To determine form of printed matter — exceptions.

Section 34.190 - Determine size and number of reports to be printed.

Section 34.192 - Reports, method of preparation — minimization of volume of printed material produced.

Section 34.350 - Missouri domestic product procurement act — law, how cited — definitions.

Section 34.353 - All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.

Section 34.355 - Vendor to furnish proof of compliance — misrepresentation of facts, penalty.

Section 34.359 - Treaties and law of the United States to supersede.

Section 34.363 - Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services.

Section 34.375 - Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.

Section 34.376 - Citation of act — definitions.

Section 34.378 - Contingent fee contracts, limitations — written proposals, when — standard addendum — posting of contracts on website — record-keeping requirements — fees, limitation on — report, contents.

Section 34.380 - Contractual authority not expanded.

Section 34.600 - Citation of law — public entity contracts, no boycott of goods or services from Israel — definitions — violation, voiding of contract — rulemaking authority.