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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EXECUTIVE BRANCH
Chapter : Chapter 34 State Purchasing and Printing
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1. The term "department" as used in this chapter shall be deemed
to mean department, office, board, commission, bureau, institution, or
any other agency of the state, except the legislative and judicial
departments.
2. The term "lowest and best" in determining the lowest and best award,
cost, and other factors are to be considered in the evaluation process.
Factors may include, but are not limited to, value, performance, and
quality of a product.
3. The term "Missouri product" refers to goods or commodities which are
manufactured, mined, produced, or grown by companies in Missouri, or
services provided by such companies.
4. The term "negotiation" as used in this chapter means the process of
selecting a contractor by the competitive methods described in this
chapter, whereby the commissioner of administration can establish any and
all terms and conditions of a procurement contract by discussion with one
or more prospective contractors.
5. The term "purchase" as used in this chapter shall include the rental
or leasing of any equipment, articles or things.
6. The term "supplies" used in this chapter shall be deemed to mean
supplies, materials, equipment, contractual services and any and all
articles or things, except for utility services regulated under chapter
393, RSMo, or as in this chapter otherwise provided.
7. The term "value" includes but is not limited to price, performance,
and quality. In assessing value, the state purchaser may consider the
economic impact to the state of Missouri for Missouri products versus the
economic impact of products generated from out of state. This economic
impact may include the revenues returned to the state through tax revenue
obligations. (RSMo 1939 § 14599, A.L. 1945 p. 1428 § 73, A.L. 1965 p.
142, A.L. 1995 H.B. 562, A.L. 2004 S.B. 1249)
CROSS REFERENCE: Commissioner of administration to head division of
purchasing, RSMo 37.010
The commissioner of administration shall purchase all supplies
for all departments of the state, except as in this chapter otherwise
provided. The commissioner of administration shall negotiate all leases
and purchase all lands, except for such departments as derive their power
to acquire lands from the constitution of the state. (RSMo 1939 § 14590,
A.L. 1945 p. 1428 § 64)
CROSS REFERENCES: Contracts, advertisement of bids for construction work,
RSMo 8.250 Forms, approval required, RSMo 37.340; failure to obtain
personal liability, RSMo 37.390 Printing or copying equipment, contracts
or leases approval required, RSMo 37.350; failure to obtain, personal
liability, RSMo 37.390
1. The commissioner of administration, in consultation with the
environmental improvement and energy resources authority of the
department of natural resources, shall give full consideration to the
purchase of products made from materials recovered from solid waste and
to the reduction and ultimate elimination of purchases of products
manufactured in whole or in part of thermoformed or other extruded
polystyrene foam manufactured using any fully halogenated
chlorofluorocarbon (CFC). Products that utilize recovered materials of a
price and quality comparable to products made from virgin materials shall
be sought and purchased, with particular emphasis on recycled oil,
retread tires, compost materials and recycled paper products. The
commissioner shall exercise a preference for such products if their use
is technically feasible and, where a bid is required, their price is
equal to, or less than, the price of items which are manufactured or
produced from virgin materials. Products that would be inferior, violate
safety standards or violate product warranties if the provisions of this
section are followed may be excluded from the provisions of this section.
2. The commissioner of administration shall:
(1) Review the procurement specifications in order to eliminate
discrimination against the procurement of recycled products;
(2) Review and modify the contract specifications for paper products and
increase the minimum required percentage of recycled paper in each
product as follows:
(a) Forty percent recovered materials for newsprint;
(b) Eighty percent recovered materials for paperboard;
(c) Fifty percent waste paper in high grade printing and writing paper;
(d) Five to forty percent in tissue products;
(3) Support federal incentives and policy guidelines designed to promote
these goals;
(4) Develop and implement a cooperative procurement policy to facilitate
bulk order purchases and to increase availability of recycled products.
The policy shall be distributed to all state agencies and shall be made
available to political subdivisions of the state;
(5) Conduct a survey using existing staff of those items customarily
required by the state that are manufactured in whole or part from
polystyrene plastic, and report its findings, together with an analysis
of environmentally acceptable alternatives thereto, prepared in
collaboration with the department of natural resources, to the general
assembly and every state agency within six months of August 28, 1995.
3. Notwithstanding the provisions of this section, no state agency may
purchase any food or beverage containers or wrapping manufactured from
any polystyrene foam manufactured using any fully halogenated
chlorofluorocarbon (CFC) found by the United States Environmental
Protection Agency (EPA) to be an ozone-depleting chemical.
4. No state agency may purchase any items made in whole or part of
thermoformed or other extruded polystyrene foam manufactured using any
fully halogenated chlorofluorocarbon (CFC) found by the United States
Environmental Protection Agency (EPA) to be an ozone-depleting chemical
without approval from the commissioner of administration. Approval shall
not be granted unless the purchasing agency demonstrates to the
satisfaction of the director of the department of natural resources and
the commissioner that there is no environmentally more acceptable
alternatives or the quality of such alternatives is not adequate for the
purpose intended.
5. For each paper product type and corresponding recycled paper content
standard pursuant to subdivision (2) of subsection 2 of this section,
attainment goals for the percentage of paper products to be purchased
that utilize post-consumer recovered materials shall be:
(1) Ten percent in 1991 and 1992;
(2) Twenty-five percent in 1993 and 1994;
(3) Forty percent in 1995; and
(4) Sixty percent by 2000.
6. In the review of capital improvement projects for buildings and
facilities of state government, the commissioner of administration shall
direct the division of design and construction to give full consideration
to alternatives which use solid waste, as defined in section 260.200,
RSMo, as a fuel for energy production or which use products composed of
materials recovered from solid waste.
7. The commissioner of administration, in consultation with the
environmental improvement and energy resources authority of the
department of natural resources, shall prepare and provide by January
first of each year an annual report summarizing past activities and
accomplishments of the program and proposed goals of the program
including projections for each affected agency. The report shall also
include a list of products utilizing recovered materials that could
substitute for products currently purchased and a schedule of amounts
purchased of products utilizing recovered materials compared to purchases
of similar products utilizing virgin materials for the period covered by
the annual report.
8. The office of administration, department of natural resources and
department of economic development shall cooperate jointly and share to
the greatest extent possible, information and other resources to promote:
(1) Producers or potential producers of secondary material goods to
expand or develop their product lines;
(2) Increased demand for secondary materials recovered in Missouri; and
(3) Increased demand by state government for products which contain
secondary materials recovered in Missouri.
9. The commissioner of administration may increase minimum recycled
content percentages for paper products, minimum recycled content
percentages for other recycled products and establish minimum
post-consumer content as such products become available. The preference
provided in subsection 1 of this section shall apply to the minimum
standards established by the commissioner. (L. 1986 S.B. 475, A.L. 1989
H.B. 438, et al., A.L. 1990 S.B. 530, A.L. 1995 H.B. 562)
1. The provisions of section 34.040 to the contrary
notwithstanding, each department and agency of the state government,
including the general assembly, shall purchase, in the manner provided by
law, and use recycled paper when recycled paper can be obtained that is
comparable to the quality presently used by the department or agency and
if the price is competitive. For the purposes of this section,
"competitive" means a price within ten percent of the price of items
which are manufactured or produced from virgin materials. Attainment
goals for the percentage of paper products to be purchased that utilize
post-consumer recovered materials shall be:
(1) Ten percent in 1991 and 1992;
(2) Twenty-five percent in 1993 and 1994;
(3) Forty percent in 1995; and
(4) Sixty percent by 2000.
2. Each department and agency of state government shall also purchase a
minimum of fifteen percent recycled motor oil for use in motor vehicles.
3. Each department and agency of state government shall cause to be
recycled:
(1) A minimum of twenty-five percent of paper products used or fifty
percent of the paper disposed of, whichever is greater;
(2) Seventy-five percent of all used motor oil.
4. Each department and state agency shall, to the maximum extent
practicable, separate plastics, paper, metals and other recyclable items
by July 1, 1990.
5. By January 1, 1990, each department and state agency shall develop, in
cooperation with the office of administration, and implement a policy for
recycling and waste reduction. Each department and agency shall collect
and recycle waste paper and empty aluminum beverage containers generated
by employee activity. The office of the governor and the general assembly
shall implement a policy for recycling and waste reduction and shall
collect and recycle waste paper and aluminum beverage containers
generated within its facilities. Recycling programs for agency offices
located outside of the city of Jefferson may be coordinated through the
office of administration or operated locally provided that the office of
administration reviews and approves such programs. Proceeds from the sale
of recycled materials may be used to offset costs of the recycling
program. Any moneys found by the office of administration to be in excess
of costs incurred shall be transferred to the department of social
services to be used by the heating assistance program pursuant to
sections 660.100 to 660.135, RSMo.
6. The department of higher education, in cooperation with the office of
administration and state colleges and universities, shall develop and
distribute guidelines for waste reduction and the collection of
recyclable materials generated in classrooms, administrative offices,
dormitories, cafeterias and similar campus locations.
7. Bid specifications for solid waste management services issued by any
department or agency of state government shall be designed to meet the
objectives of sections 260.255 to 260.325, RSMo, encourage small
businesses to engage and compete in the delivery of waste management
services and to minimize the long run cost of managing solid waste. Bid
specifications shall enumerate the minimum components and minimum
quantities of waste products which shall be recycled by the successful
bidder. Bids for solid waste management services to state departments and
agencies located within the seat of government shall be issued in units
in order to maximize opportunities for small business to provide solid
waste management services to the state. Each department and agency shall
designate one person in an existing position to serve as a solid waste
management coordinator to ensure that the agency and the office of
administration cooperate to meet the requirements of this section. (L.
1973 H.B. 384 § 1, A.L. 1989 H.B. 438, et al.)
1. All purchases in excess of three 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 twenty-five
thousand dollars or over, except as provided in subsection 5 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. 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.
5. 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, RSMo, 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, RSMo, 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, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, 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.
6. 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, RSMo. 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. (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)
Effective 7-1-03
CROSS REFERENCE: Bidding for construction of a minimum security
correctional facility, RSMo 221.500
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 five thousand
dollars to be made under this section shall be based on competitive
proposals.
2. On any purchase where the estimated expenditure shall be twenty- five
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. 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. (L. 1990 S.B. 808 & 672 § 4, A.L. 1995 H.B. 562)
The commissioner of administration may waive competitive bids for
the purchase of supplies for the purpose of resale to the general public
in concession operations controlled by the state. (L. 1990 S.B. 808 & 672
§ 5)
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 five thousand dollars or over, the commissioner of
administration shall post notice of the proposed purchase. Where the
estimated expenditure is twenty-five 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. (L. 1995 H.B. 562)
The commissioner of administration may waive the requirement of
competitive bids or proposals for supplies when the commissioner of
administration has determined that there exists a threat to life,
property, public health or public safety or when immediate expenditure is
necessary for repairs to state property in order to protect against
further loss of, or damage to, state property, to prevent or minimize
serious disruption in state services or to ensure the integrity of state
records. Emergency procurements shall be made with as much competition as
is practicable under the circumstances. (L. 1995 H.B. 562)
The commissioner of administration may contract directly with
other governmental entities for the purchase of supplies. The
commissioner of administration may also participate in, sponsor, conduct
or administer a cooperative purchasing agreement whereby supplies are
procured in accordance with a contract established by another
governmental entity provided that such contract was established in
accordance with the laws and regulations applicable to the establishing
governmental entity. (L. 1995 H.B. 562)
The commissioner of administration shall make and adopt such
rules and regulations, not contrary to the provisions of this chapter,
for the purchase of supplies and prescribing the purchasing policy of the
state as may be necessary. No rule or portion of a rule promulgated under
the authority of this chapter shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (RSMo
1939 § 14596, A.L. 1945 p. 1428 § 70, A.L. 1993 S.B. 52, A.L. 1995 H.B.
562 merged with S.B. 3)
1. Except as otherwise provided in section 34.057, all invoices
for supplies and services purchased by the state, duly approved and
processed, shall be subject to interest charges or late payment charges
as provided in this section.
2. After the forty-fifth day following the later of the date of delivery
of the supplies and services or the date upon which the invoice is duly
approved and processed, interest retroactive to the thirtieth day shall
be paid on any unpaid balance, except balances for services provided by a
gas corporation, electrical corporation, water corporation, or sewer
corporation which has received authorization from the public service
commission to impose late payment charges on delinquent utility bills,
upon application of the vendor thereof. The rate of such interest shall
be three percentage points above the average predominant prime rate
quoted by commercial banks to large businesses, as determined by the
Board of Governors of the Federal Reserve System.
3. The state shall be liable for late payment charges on any delinquent
bill for services purchased by the state from a gas corporation,
electrical corporation, water corporation, or sewer corporation which has
received authorization from the public service commission to impose late
payment charges on delinquent utility bills. The rate of such late
payment charges shall be as established for each such corporation by
order of the public service commission, but bills rendered to the state
shall not be considered delinquent until thirty days after rendition of
the bill by the corporation.
4. Any such interest charges or late payment charges shall be paid from
appropriations which were made for the fiscal year in which the supplies
or services were delivered to the respective departments purchasing such
supplies or services. The commissioner of administration shall be
responsible for the timely implementation of this section and all
officers, departments, institutions and agencies of state government
shall fully cooperate with the commissioner of administration in the
implementation of this section. No late payment penalty shall be assessed
against, nor payable by, the state unless pursuant to the provisions of
this section.
5. Notwithstanding any other provision of this section, recipients of
funds from the low-income energy assistance program shall be exempt from
interest charges imposed by such section for the duration of the
recipient's participation in the program. (L. 1985 S.B. 90, A.L. 1987
S.B. 411, A.L. 1990 S.B. 808 & 672)
1. Unless contrary to any federal funding requirements or unless
funds from a state grant are not timely received by the contracting
public municipality but notwithstanding any other law to the contrary,
all public works contracts made and awarded by the appropriate officer,
board or agency of the state or of a political subdivision of the state
or of any district therein, including any municipality, county and any
board referred to as the public owner, for construction, reconstruction
or alteration of any public works project, shall provide for prompt
payment by the public owner to the contractor and prompt payment by the
contractor to the subcontractor and material supplier in accordance with
the following:
(1) A public owner shall make progress payments to the contractor on at
least a monthly basis as the work progresses, or, on a lump sum basis
according to the terms of the lump sum contract. Except in the case of
lump sum contracts, payments shall be based upon estimates prepared at
least monthly of work performed and material delivered, as determined by
the project architect or engineer. Retainage withheld on public works
projects shall not exceed five percent of the value of the contract or
subcontract unless the public owner and the architect or engineer
determine that a higher rate of retainage is required to ensure
performance of the contract. Retainage, however, shall not exceed ten
percent of the value of the contract or subcontract. Except as provided
in subsection 4 of this section, the public owner shall pay the
contractor the amount due, less a retainage not to exceed ten percent,
within thirty days following the latter of the following:
(a) The date of delivery of materials or construction services purchased;
(b) The date, as designated by the public owner, upon which the invoice
is duly delivered to the person or place designated by the public owner;
or
(c) In those instances in which the contractor approves the public
owner's estimate, the date upon which such notice of approval is duly
delivered to the person or place designated by the public owner;
(2) Payments shall be considered received within the context of this
section when they are duly posted with the United States Postal Service
or other agreed upon delivery service or when they are hand-delivered to
an authorized person or place as agreed to by the contracting parties;
(3) If, in the discretion of the owner and the project architect or
engineer and the contractor, it is determined that a subcontractor's
performance has been completed and the subcontractor can be released
prior to substantial completion of the public works contract without risk
to the public owner, the contractor shall request such adjustment in
retainage, if any, from the public owner as necessary to enable the
contractor to pay the subcontractor in full. The public owner may reduce
or eliminate retainage on any contract payment if, in the public owner's
opinion, the work is proceeding satisfactorily. If retainage is released
and there are any remaining minor items to be completed, an amount equal
to two hundred percent of the value of each item as determined by the
public owner's duly authorized representative shall be withheld until
such item or items are completed;
(4) The public owner shall pay the retainage, less any offsets or
deductions authorized in the contract or otherwise authorized by law, to
the contractor after substantial completion of the contract work and
acceptance by the public owner's authorized contract representative, or
as may otherwise be provided by the contract specifications for state
highway, road or bridge projects administered by the state highways and
transportation commission. Such payment shall be made within thirty days
after acceptance, and the invoice and all other appropriate documentation
and certifications in complete and acceptable form are provided, as may
be required by the contract documents. If at that time there are any
remaining minor items to be completed, an amount equal to two hundred
percent of the value of each item as determined by the public owner's
representative shall be withheld until such items are completed;
(5) All estimates or invoices for supplies and services purchased,
approved and processed, or final payments, shall be paid promptly and
shall be subject to late payment charges provided in this section. Except
as provided in subsection 4 of this section, if the contractor has not
been paid within thirty days as set forth in subdivision (1) of
subsection 1 of this section, the contracting agency shall pay the
contractor, in addition to the payment due him, interest at the rate of
one and one-half percent per month calculated from the expiration of the
thirty-day period until fully paid;
(6) When a contractor receives any payment, the contractor shall pay each
subcontractor and material supplier in proportion to the work completed
by each subcontractor and material supplier his application less any
retention not to exceed ten percent. If the contractor receives less than
the full payment due under the public construction contract, the
contractor shall be obligated to disburse on a pro rata basis those funds
received, with the contractor, subcontractors and material suppliers each
receiving a prorated portion based on the amount of payment. When,
however, the public owner does not release the full payment due under the
contract because there are specific areas of work or materials he is
rejecting or because he has otherwise determined such areas are not
suitable for payment then those specific subcontractors or suppliers
involved shall not be paid for that portion of the work rejected or
deemed not suitable for payment and all other subcontractors and
suppliers shall be paid in full;
(7) If the contractor, without reasonable cause, fails to make any
payment to his subcontractors and material suppliers within fifteen days
after receipt of payment under the public construction contract, the
contractor shall pay to his subcontractors and material suppliers, in
addition to the payment due them, interest in the amount of one and
one-half percent per month, calculated from the expiration of the
fifteen-day period until fully paid. This subdivision shall also apply to
any payments made by subcontractors and material suppliers to their
subcontractors and material suppliers and to all payments made to lower
tier subcontractors and material suppliers throughout the contracting
chain;
(8) The public owner shall make final payment of all moneys owed to the
contractor, less any offsets or deductions authorized in the contract or
otherwise authorized by law, within thirty days of the due date. Final
payment shall be considered due upon the earliest of the following events:
(a) Completion of the project and filing with the owner of all required
documentation and certifications, in complete and acceptable form, in
accordance with the terms and conditions of the contract;
(b) The project is certified by the architect or engineer authorized to
make such certification on behalf of the owner as having been completed,
including the filing of all documentation and certifications required by
the contract, in complete and acceptable form; or
(c) The project is certified by the contracting authority as having been
completed, including the filing of all documentation and certifications
required by the contract, in complete and acceptable form.
2. Nothing in this section shall prevent the contractor or subcontractor,
at the time of application or certification to the public owner or
contractor, from withholding such applications or certifications to the
owner or contractor for payment to the subcontractor or material
supplier. Amounts intended to be withheld shall not be included in such
applications or certifications to the public owner or contractor. Reasons
for withholding such applications or certifications shall include, but
not be limited to, the following: unsatisfactory job progress; defective
construction work or material not remedied; disputed work; failure to
comply with other material provisions of the contract; third party claims
filed or reasonable evidence that a claim will be filed; failure of the
subcontractor to make timely payments for labor, equipment and materials;
damage to a contractor or another subcontractor or material supplier;
reasonable evidence that the contract can not be completed for the unpaid
balance of the subcontract sum or a reasonable amount for retention, not
to exceed the initial percentage retained by the owner.
3. Should the contractor determine, after application or certification
has been made and after payment has been received from the public owner,
or after payment has been received by a contractor based upon the public
owner's estimate of materials in place and work performed as provided by
contract, that all or a portion of the moneys needs to be withheld from a
specific subcontractor or material supplier for any of the reasons
enumerated in this section, and such moneys are withheld from such
subcontractor or material supplier, then such undistributed amounts shall
be specifically identified in writing and deducted from the next
application or certification made to the public owner or from the next
estimate by the public owner of payment due the contractor, until a
resolution of the matter has been achieved. Disputes shall be resolved in
accordance with the terms of the contract documents. Upon such resolution
the amounts withheld by the contractor from the subcontractor or material
supplier shall be included in the next application or certification made
to the public owner or the next estimate by the public owner and shall be
paid promptly in accordance with the provisions of this section. This
subsection shall also apply to applications or certifications made by
subcontractors or material suppliers to the contractor and throughout the
various tiers of the contracting chain.
4. The contracts which provide for payments to the contractor based upon
the public owner's estimate of materials in place and work performed
rather than applications or certifications submitted by the contractor,
the public owner shall pay the contractor within thirty days following
the date upon which the estimate is required by contract to be completed
by the public owner, the amount due less a retainage not to exceed five
percent. All such estimates by the public owner shall be paid promptly
and shall be subject to late payment charges as provided in this
subsection. After the thirtieth day following the date upon which the
estimate is required by contract to be completed by the public owner, the
contracting agency shall pay the contractor, in addition to the payment
due him, interest at a rate of one and one-half percent per month
calculated from the expiration of the thirty-day period until fully paid.
5. Nothing in this section shall prevent the owner from withholding
payment or final payment from the contractor, or a subcontractor or
material supplier. Reasons for withholding payment or final payment shall
include, but not be limited to, the following: liquidated damages;
unsatisfactory job progress; defective construction work or material not
remedied; disputed work; failure to comply with any material provision of
the contract; third party claims filed or reasonable evidence that a
claim will be filed; failure to make timely payments for labor, equipment
or materials; damage to a contractor, subcontractor or material supplier;
reasonable evidence that a subcontractor or material supplier cannot be
fully compensated under its contract with the contractor for the unpaid
balance of the contract sum; or citation by the enforcing authority for
acts of the contractor or subcontractor which do not comply with any
material provision of the contract and which result in a violation of any
federal, state or local law, regulation or ordinance applicable to that
project causing additional costs or damages to the owner.
6. Notwithstanding any other provisions in this section to the contrary,
no late payment interest shall be due and owing for payments which are
withheld in good faith for reasonable cause pursuant to subsections 2 and
5 of this section. If it is determined by a court of competent
jurisdiction that a payment which was withheld pursuant to subsections 2
and 5 of this section was not withheld in good faith for reasonable
cause, the court may impose interest at the rate of one and one-half
percent per month calculated from the date of the invoice and may, in its
discretion, award reasonable attorney fees to the prevailing party. In
any civil action or part of a civil action brought pursuant to this
section, if a court determines after a hearing for such purpose that the
cause was initiated, or a defense was asserted, or a motion was filed, or
any proceeding therein was done frivolously and in bad faith, the court
shall require the party who initiated such cause, asserted such defense,
filed such motion, or caused such proceeding to be had to pay the other
party named in such action the amount of the costs attributable thereto
and reasonable expenses incurred by such party, including reasonable
attorney fees. (L. 1990 S.B. 808 & 672 § 1)
(2004) Act contemplates a contract between the parties to such a cause of
action and provides for such action against a public owner only by the
contractor, not a subcontractor or supplier. Mays-Maune & Associates v.
Werner Brothers, 139 S.W.3d 201 (Mo.App. E.D.).
1. As used in this section, the term "public works contract"
means a contract of the state, county, city and other political
subdivisions of the state, except the Missouri transportation department,
for the construction, alteration, repair, or maintenance of any building,
structure, highway, bridge, viaduct, pipeline, public works, or any other
works dealing with construction, which shall include, but need not be
limited to, moving, demolition, or excavation performed in conjunction
with such work.
2. Any clause in a public works contract that purports to waive, release,
or extinguish the rights of a contractor to recover costs or damages, or
obtain an equitable adjustment, for delays in performing such contract,
if such delay is caused in whole, or in part, by acts or omissions within
the control of the contracting public entity or persons acting on behalf
thereof, is against public policy and is void and unenforceable.
3. Subsection 2 of this section is not intended to render void any
contract provision of a public works contract that:
(1) Precludes a contractor from recovering that portion of delay costs
caused by the acts or omissions of the contractor or its agents;
(2) Requires notice of any delay by the party responsible for such delay;
(3) Provides for reasonable liquidated damages; or
(4) Provides for arbitration or any other procedure designed to settle
contract disputes. (L. 1990 S.B. 808 & 672 § 2)
1. No public entity, nor any officer, agent or employee acting or
purporting to act on behalf of such public entity, shall require a
bidder, proposer, or contractor to obtain or procure any surety bond,
including but not limited to bid bonds, payment bonds and performance
bonds, from a particular insurance or surety company, producer, agent, or
broker in connection with any contract for the construction of public
works.
2. Any provision in a public works contract, bidding documents, request
for proposals, or similar document in conflict herewith shall be void as
contrary to the public policy.
3. As used in this section, the terms "public entity" and "public works"
shall be given the definition set forth in section 107.170, RSMo. (L.
2003 H.B. 314)
Except as provided in section 34.044, all requests for bids and
proposals for supplies to be purchased shall be made in general terms and
by general specifications and not by brand, trade name or other
individual mark, provided such article to be purchased can be definitely
described without the designation of such brand, trade name or other
individual mark. All such requests and bids shall contain therein a
paragraph in easily legible print, reading as follows: "By virtue of
statutory authority, a preference will be given to materials, products,
supplies, provisions and all other articles produced, manufactured, made
or grown within the state of Missouri." (RSMo 1939 § 14617, A.L. 1995
H.B. 562)
Where, because of the large number of possible bidders for a
particular purchase, it is impractical to submit a request for a bid to
all possible bidders each time a bid is requested, request shall be made
in rotation pursuant to the regulation of the commissioner of
administration so as ultimately to include all the possible bidders,
except that recognized competitive bidders shall be solicited in each
instance. (L. 1957 p. 500 § 34.061)
In making purchases, the commissioner of administration or any
agent of the state with purchasing power shall give preference to all
commodities and tangible personal property manufactured, mined, produced
or grown within the state of Missouri and to all firms, corporations or
individuals doing business as Missouri firms, corporations or
individuals, when quality is equal or better and delivered price is the
same or less. The commissioner of administration or any agent of the
state with purchasing power may also give such preference whenever
competing bids, in their entirety, are comparable. (RSMo 1939 § 14600,
A.L. 1945 p. 1428 § 74, A.L. 1965 p. 144, A.L. 2003 S.B. 11, A.L. 2004
S.B. 1249)
Soy diesel, soy oil products and ethanol shall be considered
commodities for purposes of section 34.070. (L. 2000 H.B. 1142 § 1)
1. In letting contracts for the performance of any job or
service, all agencies, departments, institutions, and other entities of
this state and of each political subdivision of this state shall give
preference to all firms, corporations, or individuals doing business as
Missouri firms, corporations, or individuals, or which maintain Missouri
offices or places of business, when the quality of performance promised
is equal or better and the price quoted is the same or less. The
commissioner of administration may also give such preference whenever
competing bids, in their entirety, are comparable.
2. Notwithstanding the requirements of subsection 1 of this section, the
commissioner of administration shall give further preference as required
by section 34.076. (L. 1983 H.B. 22 § 1, A.L. 2003 S.B. 11)
1. To the extent permitted by federal laws and regulations,
whenever the state of Missouri, or any department, agency or institution
thereof or any political subdivision shall let for bid any contract to a
contractor for any public works or product, the contractor or bidder
domiciled outside the boundaries of the state of Missouri shall be
required, in order to be successful, to submit a bid the same percent
less than the lowest bid submitted by a responsible contractor or bidder
domiciled in Missouri as would be required for such a Missouri domiciled
contractor or bidder to succeed over the bidding contractor or bidder
domiciled outside Missouri on a like contract or bid being let in the
person's domiciliary state and, further, the contractor or bidder
domiciled outside the boundaries of Missouri shall be required to submit
an audited financial statement as would be required of a Missouri
domiciled contractor or bidder on a like contract or bid being let in the
domiciliary state of that contractor or bidder.
2. Subsection 1 of this section shall not apply to any contractor who is
qualified for bidding purposes with the department of transportation and
submits a successful bid wherein part of or all funds are furnished by
the United States.
3. Subsection 1 of this section shall not apply to any public works or
product transportation where the bid is less than five thousand dollars.
(L. 1983 H.B. 22 § 2, A.L. 1995 H.B. 562)
1. That the board of trustees or other officer or officers in
charge of every institution in the state of Missouri which is supported
in whole or in part by public funds, and who are required to purchase
coal for fuel purposes in the operation of any such institution, shall be
required to purchase and use coal which is mined in the state of Missouri
or an adjoining state, if the cost of coal mined in the state of Missouri
or an adjoining state is not greater than the cost of coal mined in any
other state or states, including the cost of transportation.
2. The term "institution" shall be construed to include all institutions
supported by public funds of the state, but shall not include municipal
corporations, political subdivisions or public schools. (RSMo 1939 §§
14619, 14620, A.L. 1992 S.B. 606)
If any law shall provide that the state shall purchase for its
own use the products manufactured by any institution of the state or
shall give preference to the products of any such institution, the
provisions of this chapter shall be deemed modified to permit the
commissioner of administration to purchase such products or give such
preference in any manner prescribed by such law. (RSMo 1939 § 14601, A.L.
1945 p. 1428 § 75)
The commissioner of administration may, when in the
commissioner's best judgment it is in the best interests of the state,
delegate the commissioner's procurement authority pursuant to this
chapter to an individual department; provided, however, that each
instance of single feasible source purchasing authority in excess of five
thousand dollars under section 34.044 must be specifically delegated by
the commissioner. The delegation may allow departments to negotiate in
accordance with section 34.042 the purchase of services for patients,
residents or clients with funds appropriated for this purpose. In
accepting this delegated authority the department acknowledges its
ability to, and agrees to, fulfill all of the requirements of this
chapter in making purchases and entering into contracts and keeping
records. No claim for payment based upon any purchase under this section
shall be certified by the commissioner unless accompanied by such
documentation of compliance with the provisions of this chapter as the
commissioner may require. Any department that fails to fulfill all such
requirements may have its delegated authority rescinded by the
commissioner of administration. (L. 1945 p. 1428 § 67, A.L. 1983 H.B.
384, A.L. 1995 H.B. 562)
1. The commissioner of administration may enter into any contract
with the United States of America or with any agency thereof for the
purpose of accepting gifts and for the purchase of surplus war materials
for cash, credit or other property with or without warranty and upon such
other terms and conditions as the agency deems proper without regard to
the provisions of the law which require:
(1) The posting of notices or public advertising for bids or of
expenditures;
(2) The inviting or receiving of competitive bids;
(3) The delivery of purchases before payment.
2. In order to obtain United States government property, the commissioner
of administration is hereby authorized and directed to certify the amount
to the auditor, and the auditor is hereby authorized and directed to
issue his warrant or warrants, and the state treasurer is hereby
authorized and directed to pay said warrant or warrants, in payment of
said government property. (L. 1945 p. 1428 § 66)
1. The commissioner of administration, without charge therefor
and without proceeding in the manner required for the disposal of surplus
property, may return title to personal property to the person who, or
entity which, donated the personal property to the state if the person
who, or entity which, donated the personal property intends to donate to
the state newer or superior personal property of the same type and
intends to replace the function of the old personal property.
2. For a donation of a motor vehicle to assist military veterans made by
a nonprofit organization to the state, the commissioner of
administration, without charge therefor and without proceeding in the
manner required for the disposal of surplus property, shall, upon
request, return title to such motor vehicle to the donor of the motor
vehicle to the state if the donor intends to donate to the state a newer
or superior motor vehicle of the same type to replace the function of the
old motor vehicle. (L. 1983 S.B. 402, A.L. 2001 H.B. 207)
Effective 5-23-01
Each department shall make such reports of supplies on hand, or
which may be needed, as the commissioner of administration may direct.
All reports, bids, specifications and contracts, and all records of
purchases and sales of any kind, made by the commissioner of
administration shall be maintained by the commissioner of administration
and shall be open to inspection by the public as prescribed in section
610.021, RSMo. After having kept any papers or records referred to in
this section for a period of five years the commissioner of
administration may destroy or otherwise dispose of said records. (RSMo
1939 § 14597, A.L. 1945 p. 1428 § 71, A.L. 1947 V. II p. 342, A.L. 1995
H.B. 562)
Each state department, including each of the agencies therein,
shall identify each nonexpendable property item in its possession worth
at least the amount prescribed by the state auditor by make, model,
serial number and acquisition cost and by affixing a numbered tag or a
similar marking to it. The head of each department shall be responsible
for the proper use and retention of this property. Each department shall
keep currently an inventory of all this property in the form which shall
be prescribed for such an inventory by the state auditor. (L. 1965 p. 144
§ 1, A.L. 1977 H.B. 720)
On or before May first of each year, each department shall submit
to the commissioner of administration a classified list of its estimated
needs for supplies for the following fiscal year. The commissioner of
administration shall consolidate these and may purchase the entire amount
or such part thereof at one time as he shall deem best. Any contract for
such purchases may provide only the price at which the supplies needed
during the year shall be purchased and that the supplies shall be
delivered in such amounts and at such times as ordered throughout the
year and be paid for at such time and for such amounts as delivered. In
such case, certification from the commissioner of administration and the
auditor shall be required only for the amount ordered at any time. (RSMo
1939 § 14594, A.L. 1945 p. 1428 § 68)
1. The commissioner of administration may require an inventory to
be made when necessary of all removable equipment owned by the state.
2. The commissioner of administration shall have the power to transfer
supplies from any department where they are not needed to any other
department where they are needed and to direct that proper charges and
credits be made on the inventories of the departments concerned.
3. The commissioner of administration may distribute surplus or unneeded
supplies or property to volunteer fire protection associations, as
defined in section 320.300, RSMo, to fire protection districts, to fire
departments and to eligible donees, as that term is defined in connection
with the federal surplus property program, in the same manner as provided
for the distribution of federal surplus property. The commissioner of
administration may distribute surplus or unneeded supplies or property to
an organization registered as a 501(c)3 not-for-profit, public service
corporation which provides training to fire departments, emergency
medical technicians and police officers in search and recovery
techniques, water rescue, ice rescue and watercraft operation in the same
manner as provided for the distribution of federal surplus property.
4. The commissioner of administration may sell surplus or unneeded
supplies or property which are not transferred to state agencies or
distributed to eligible donees to the general public by auction, sealed
bid.
5. A uniformed employee of the Missouri state highway patrol, with the
approval of the superintendent, may purchase upon retirement, by reason
of length of service or disability or by the member's next of kin in case
of death, the service pistol, off-duty sidearm and badge carried by such
member immediately prior to retirement. The purchase price for the
service pistol, off-duty sidearm and badge shall be equal to the
replacement cost thereof. (RSMo 1939 § 14595, A.L. 1945 p. 1428 § 69,
A.L. 1982 S.B. 628, A.L. 1983 H.B. 384, A.L. 1990 H.B. 1120, A.L. 1991
H.B. 45, A.L. 1997 H.B. 318, A.L. 1998 H.B. 898, A.L. 1999 H.B. 861)
Whenever any department or agency of the state government shall
purchase or contract for any supplies, materials, equipment or
contractual services contrary to the provisions of this chapter or the
rules and regulations made thereunder, such order or contract shall be
void and of no effect. The head of such department or agency shall be
personally liable for the costs of any order or contract the head of such
department or agency knowingly authorized in violation of this chapter
and, if already paid for out of state funds, the amount thereof may be
recovered in the name of the state in an appropriate action instituted
therefor. (RSMo 1939 § 14598, A.L. 1945 p. 1428 § 72, A.L. 1995 H.B. 562)
The commissioner of administration shall not be interested in any
manner in any person, firm or corporation making bids for furnishing
supplies or printing to the state or any subdivision or department
thereof. He shall not receive nor accept, directly or indirectly, from
any person, firm or corporation who may bid for furnishing, or receive a
contract to furnish, any supplies or printing of any kind to the state,
any rebate, gift or other valuable thing. Acceptance of any such rebate,
gift or other valuable thing by the commissioner of administration shall
be deemed a felony and on conviction thereof he shall be punished by
imprisonment in the state penitentiary for not less than two nor more
than five years, or by fine of not less than five hundred dollars nor
more than two thousand dollars, or by both such fine and imprisonment.
(RSMo 1939 § 14589, A.L. 1945 p. 1428 § 63)
1. In making purchases for this state, its governmental agencies
or political subdivisions, the commissioner of administration shall give
a bidding preference consisting of a five-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, RSMo.
2. The commissioner of administration shall make such rules and
regulations regarding specifications, quality standards, time of
delivery, performance 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, RSMo.
3. 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. (L. 1997 H.B. 107 § 1)
The commissioner of administration shall purchase all public
printing and binding of the state, including that of all executive and
administrative departments, bureaus, commissions, institutions and
agencies, and the supreme court. All state officers shall order all of
their printing and binding through the commissioner of administration,
except as otherwise provided by this section. The commissioner of
administration may authorize any state agency or department and any
penal, eleemosynary or educational institution to procure or produce all
or any part of its own printing and binding. Notwithstanding any other
provision of law to the contrary, the commissioner of administration may
establish and operate one or more printing or copy centers to produce
printing for state agencies. (L. 1945 p. 1428 § 76, A.L. 1959 H.B. 113,
A.L. 1983 H.B. 384, A.L. 1995 H.B. 562)
1. Notwithstanding the provisions of sections 34.170 to 34.192 to
the contrary, all printing done by any department, agency, or institution
or entity of the state, whether performed internally or contracted for,
shall use soybean-based inks, so long as the cost of using such inks is
no more than ten percent greater than the cost of other comparable inks.
The commissioner of administration shall specify on any contract for
printing let out for competitive bids whether the printing is required to
be done with soybean-based inks.
2. Where it is cost-efficient and practicable, any document which has
been printed with soybean-based inks shall contain somewhere on the
document the official "soybean-based ink" logo. (L. 1990 H.B. 1064 §§ 1,
A, A.L. 1995 H.B. 562)
The commissioner of administration shall advise and assist state
agencies with the planning, design and layout for any printed matter, so
the same may be produced in the most economical and effective manner. The
form, style, spacing of lines, the kind of binding, the method and
material of all public printing, when not otherwise prescribed by law,
shall be determined by the commissioner of administration, in
consultation with the requesting agency, having proper regard for economy
and workmanship and the purpose for which the work is needed, except that
(1) the form of legislative printing may be prescribed by the general
assembly, and (2) after consultation with the commissioner of
administration, the clerk of the supreme court may determine the
typography of work done for the courts and the board of curators of the
University of Missouri and the boards of regents of the state colleges
may determine the typography of work done for their respective
institutions. The commissioner of administration shall standardize as
many items of printing as are deemed practicable and shall from time to
time prepare instructions to the using agencies describing the standards
adopted. (L. 1945 p. 1428 § 78, A.L. 1959 H.B. 113, A.L. 1995 H.B. 562)
The commissioner of administration shall, except as otherwise
directed by the general assembly, have the power to determine the number
of copies and number of pages of subject material in each document
printed under the commissioner's supervision. The number of reports
ordered shall not in any case exceed the probable and reasonable demands
of the state therefor. Each state agency, before submitting any report to
the commissioner of administration for printing, shall carefully edit
such report, consolidating statistical tables, condensing or summarizing
where possible and eliminating all matter which is of interest to
individuals chiefly and not important information concerning public
affairs. (L. 1945 p. 1428 § 84, A.L. 1995 H.B. 562)
CROSS REFERENCE: Secretary of state to review manuscripts before
printing, RSMo 11.040
1. Any report submitted to the commissioner of administration
pursuant to section 34.190 shall be prepared and printed using both sides
of the paper.
2. When a state department or agency is required to send a report to the
general assembly, a copy of the report shall be sent to the president pro
tem of the senate, the speaker of the house and shall be filed with the
legislative library. Each member of the general assembly shall be
notified that the report is available and a copy shall be furnished
without charge upon request of any member. If such report is less than
two pages in length, the report shall be furnished to each member in lieu
of a notice. There shall be no cost to the member for a copy of a report
furnished pursuant to this subsection.
3. The state courts administrator, each department and agency of the
executive branch and the general assembly shall develop and implement
policies which minimize the volume of printed material produced. At a
minimum, the general assembly and each of the state's courts, departments
and agencies shall ensure that documents are printed on both sides and
that publication and distribution policies are periodically reviewed to
ensure that unnecessary printing and distribution of documents is
minimized. (L. 1993 S.B. 80, et al. § 14)
1. Sections 34.350 to 34.359 shall be known and may be cited as
the "Missouri Domestic Products Procurement Act".
2. For the purposes of sections 34.350 to 34.359, the following words
mean:
(1) "Public agency", the state of Missouri, its departments, agencies,
boards, commissions, and institutions, and all political subdivisions,
including school districts;
(2) "United States", the United States of America, the District of
Columbia, and all territories and possessions subject to the jurisdiction
of the United States. (L. 1987 S.B. 74 §§ 1, 2)
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. (L. 1987 S.B. 74 § 3, A.L.
1995 H.B. 562)
No public agency may authorize, provide for, or make any payment
to any vendor or contractor upon any contract in violation of section
34.353. At time of bid and before any public agency authorizes, provides,
or makes payment to any vendor or contractor upon any contract to which
section 34.353 or 34.359 applies, the vendor or contractor shall provide
proof of compliance with section 34.353 and, if applicable, section
34.359. Any vendor or contractor who knowingly misrepresents any material
fact to the public agency concerning the origin of any manufactured goods
or commodities shall be guilty of a class A misdemeanor. (L. 1987 S.B. 74
§ 4)
Nothing in sections 34.350 to 34.359 is intended to contravene
any existing treaty, law, agreement, or regulation of the United States.
All contracts under sections 34.350 to 34.359 shall be entered into in
accordance with existing treaty, law, agreement, or regulation of the
United States including all treaties entered into between foreign
countries and the United States regarding export-import restrictions and
international trade and shall not be in violation of sections 34.350 to
34.359 to the extent of such accordance. (L. 1987 S.B. 74 § 6)
1. The commissioner of the office of administration shall compile
a listing of Missouri products and provide access to such listing to all
state government agencies, public institutions of higher education, and
other interested parties. The commissioner of the office of
administration shall also make efforts to identify and give notice of
state government bidding opportunities to Missouri manufacturers or
service providers. Further, the commissioner of the office of
administration shall ensure state agencies follow the requirements of
this section and the Missouri preference provisions set forth in this
chapter.
2. State government agencies shall make a good faith search of Missouri
companies that provide Missouri manufactured products or services.
3. Upon request of a Missouri company who applied for but was not awarded
the state contract, the state department which awarded the contract shall
prepare a written explanation within twenty days of the award explaining
why the Missouri manufacturer or service provider did not receive the
award. (L. 2004 S.B. 1249)
1. This section shall be known and may be cited as the "Missouri
Calcium Initiative".
2. The purchasing agent for any governmental entity that purchases food
or beverages to be processed or served in a building or room owned or
operated by such governmental entity shall give preference to foods and
beverages that:
(1) Contain a higher level of calcium than products of the same type and
nutritional quality; and
(2) Are equal to or lower in price than products of the same type and
nutritional quality.
3. Notwithstanding the provisions of subsection 2 of this section to the
contrary, if a state institution determines that a high calcium food or
beverage that is preferred pursuant to subsection 2 of this section will
interfere with the proper treatment and care of a patient of such
institution, the purchasing agent shall not be required to purchase the
high calcium food or beverage for such patient.
4. The requirements of this section shall be in addition to any
requirements placed upon a governmental entity by the United States
Department of Agriculture under the National School Lunch Program or the
School Breakfast Program.
5. For purposes of this section, "governmental entity" means the state of
Missouri, its departments, agencies, boards, commissions and
institutions, and all school districts of the state. Governmental entity
does not include political subdivisions of the state.
6. Notwithstanding the provisions of this section to the contrary, a
purchasing agent who has entered into a contract with a supplier before
July 1, 2003, to purchase food and beverages shall not be required to
purchase high calcium foods and beverages if purchasing such products
would change the terms of the contract. (L. 2003 H.B. 202)
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