Effective - 28 Aug 1995
34.353. All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure. — 1. Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.
2. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty-five thousand dollars. This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States.
3. This section shall not apply where the executive head of the public agency certifies in writing that:
(1) The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements;
(2) Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent;
(3) The specified products are to be purchased or leased by a state-supported four-year institute of higher education and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years;
(4) The specified products are to be purchased or leased by a publicly supported institution and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years; or
(5) The political subdivision has adopted a formal written policy to encourage the purchase of products manufactured or produced in the United States.
4. The certificate required by this section shall specify the nature of the contract, the product being purchased or leased, the names and addresses of the United States manufacturers and producers contacted by the public agency or the project architect or engineer, and an indication that such manufacturers or producers could not supply sufficient quantities or that the price of the products would increase the cost of the contract by more than ten percent.
5. Certificates required by this section shall be maintained by the public agency for a period of three years.
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(L. 1987 S.B. 74 § 3, A.L. 1995 H.B. 562)
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.