Effective - 28 Aug 2019, 2 histories
34.044. One source of supplies, waiver of competitive bids and proposals — rescission of waiver, when — single source exists, when — advertising waived, when. — 1. The commissioner of administration may waive the requirement of competitive bids or proposals for supplies when the commissioner has determined in writing that there is only a single feasible source for the supplies. Immediately upon discovering that other feasible sources exist, the commissioner shall rescind the waiver and proceed to procure the supplies through the competitive processes as described in this chapter. A single feasible source exists when:
(1) Supplies are proprietary and only available from the manufacturer or a single distributor; or
(2) Based on past procurement experience, it is determined that only one distributor services the region in which the supplies are needed; or
(3) Supplies are available at a discount from a single distributor for a limited period of time.
2. On any single feasible source purchase where the estimated expenditure shall be ten thousand dollars or over, the commissioner of administration shall post notice of the proposed purchase. Where the estimated expenditure is one hundred thousand dollars or over, the commissioner of administration shall also advertise the commissioner's intent to make such purchase in at least two daily newspapers of general circulation in such places as are most likely to reach prospective bidders or offerors and may provide such information through an electronic medium available to the general public at least five days before the contract is to be let. 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. The requirement for advertising may be waived, if not feasible, due to the supplies being available at a discount for only a limited period of time.
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(L. 1995 H.B. 562, A.L. 2019 H.B. 1088)
Structure Missouri Revised Statutes
Chapter 34 - State Purchasing and Printing
Section 34.043 - Competitive bidding — waiver of permitted, 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 34.048 - General Services Administration vendors, purchase of supplies authorized.
Section 34.050 - Regulations for purchase of supplies — rules generally, promulgation, procedure.
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 34.076 - Out-of-state contractors or products for public works, requirements, exceptions.
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 34.120 - Departments to report supplies on hand, records of purchase.
Section 34.125 - Departments to keep inventories of nonexpendable property.
Section 34.170 - Commissioner to purchase all state printing — exceptions.
Section 34.180 - To determine form of printed matter — exceptions.
Section 34.190 - Determine size and number of reports to be printed.
Section 34.350 - Missouri domestic product procurement act — law, how cited — definitions.
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 34.376 - Citation of act — definitions.