Missouri Revised Statutes
Chapter 34 - State Purchasing and Printing
Section 34.042 - Competitive bidding may be waived for competitive proposals, when — procedure — contract to be let to the lowest and best offeror.

Effective - 28 Aug 2019, 2 histories
34.042. Competitive bidding may be waived for competitive proposals, when — procedure — contract to be let to the lowest and best offeror. — 1. When the commissioner of administration determines that the use of competitive bidding is either not practicable or not advantageous to the state, supplies may be procured by competitive proposals. The commissioner shall state the reasons for such determination, and a report containing those reasons shall be maintained with the vouchers or files pertaining to such purchases. All purchases in excess of ten thousand dollars to be made under this section shall be based on competitive proposals.
2. On any purchase where the estimated expenditure shall be one hundred thousand dollars or over, the commissioner of administration shall:
(1) Advertise for proposals in at least two daily newspapers of general circulation in such places as are most likely to reach prospective offerors 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 proposals for such purchases are to be opened. Other methods of advertisement, 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 notice of the proposed purchase; and
(3) Solicit proposals by mail or other reasonable method generally available to the public from prospective offerors.
­­All proposals 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 proposals. Proposals shall be opened in a manner to avoid disclosure of contents to competing offerors during the process of negotiation.
3. The contract shall be let to the lowest and best offeror as determined by the evaluation criteria established in the request for proposal and any subsequent negotiations conducted pursuant to this subsection. In determining the lowest and best offeror, as provided in the request for proposals and under rules promulgated by the commissioner of administration, negotiations may be conducted with responsible offerors who submit proposals selected by the commissioner of administration on the basis of reasonable criteria for the purpose of clarifying and assuring full understanding of and responsiveness to the solicitation requirements. Those offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation and subsequent revision of proposals; however, a request for proposal may set forth the manner for determining which offerors are eligible for negotiation, including, but not limited to, the use of shortlisting. Revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. In conducting negotiations there shall be no disclosure of any information derived from proposals submitted by competing offerors. The commissioner of administration shall have the right to reject any or all proposals and advertise for new proposals or purchase the required supplies on the open market if they can be so purchased at a better price.
4. The commissioner shall make available, upon request, to any members of the general assembly, information pertaining to competitive proposals, including the names of bidders and the amount of each bidder's offering for each contract.
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(L. 1990 S.B. 808 & 672 § 4, A.L. 1995 H.B. 562, A.L. 2019 H.B. 1088)

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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.