Effective - 28 Aug 2018, 2 histories
34.165. Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when. — 1. In making purchases for this state, its governmental agencies or political subdivisions, the commissioner of administration shall give a bidding preference consisting of at least a five-point bonus and no greater than a fifteen-point bonus on bids for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind established pursuant to the provisions of 41 U.S.C. Sections 46 to 48c, as amended and in sheltered workshops holding a certificate of approval from the department of elementary and secondary education pursuant to section 178.920 if, at a minimum, the participating nonprofit organization or workshop provides the greater of two percent or five thousand dollars of the total contract value of bids for purchase not exceeding ten million dollars. The bonus points shall be awarded on the basis of a sliding scale, as determined in rule by the commissioner of administration, based on revenue generation for and utilization of qualified nonprofit organizations for the blind or sheltered workshops, with the bonus points increasing as the revenue generation for and utilization of such organizations and workshops increases.
2. An affidavit signed by the director or manager and the board president of a participating nonprofit organization shall be provided to the purchasing agency by the contractor at the completion of the contract or within thirty days of the first anniversary of the contract, whichever first occurs, verifying compliance.
3. The commissioner of administration shall make such rules and regulations regarding specifications, quality standards, time of delivery, performance, bidding preferences, and other relevant matters as shall be necessary to carry out the purpose of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
4. At the request of the commissioner of administration, the state auditor may examine all records, books and data of any qualified nonprofit organization for the blind to determine the costs of manufacturing products or rendering services and the manner and efficiency of production and administration of such nonprofit organization with relation to any product or services purchased by this state, its governmental agencies or political subdivisions and to furnish the results of such examination to the commissioner for appropriate action.
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(L. 1997 H.B. 107 § 1, A.L. 2007 H.B. 352, A.L. 2018 H.B. 1879)
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.