34.040. Purchases to be made on competitive bids, when, how--standard specifications, when--exception--failure to pay taxes, effect of. - Missouri Statutes

Purchases to be made on competitive bids, when, how--standardspecifications, when--exception--failure to pay taxes, effect of.

34.040. 1. All purchases in excess of three thousand dollars shallbe based on competitive bids, except as otherwise provided in this chapter.

2. On any purchase where the estimated expenditure shall betwenty-five thousand dollars or over, except as provided in subsection 5 ofthis section, the commissioner of administration shall:

(1) Advertise for bids in at least two daily newspapers of generalcirculation in such places as are most likely to reach prospective biddersand may advertise in at least two weekly minority newspapers and mayprovide such information through an electronic medium available to thegeneral public at least five days before bids for such purchases are to beopened. Other methods of advertisement, which may include minoritybusiness purchase councils, however, may be adopted by the commissioner ofadministration when such other methods are deemed more advantageous for thesupplies 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 generallyavailable to the public from prospective suppliers. All bids for suchsupplies shall be mailed or delivered to the office of the commissioner ofadministration so as to reach such office before the time set for openingbids.

3. The contract shall be let to the lowest and best bidder. Thecommissioner of administration shall have the right to reject any or allbids and advertise for new bids, or purchase the required supplies on theopen market if they can be so purchased at a better price. When bidsreceived pursuant to this section are unreasonable or unacceptable as toterms and conditions, noncompetitive, or the low bid exceeds availablefunds and it is determined in writing by the commissioner of administrationthat time or other circumstances will not permit the delay required toresolicit competitive bids, a contract may be negotiated pursuant to thissection, provided that each responsible bidder who submitted such bid underthe original solicitation is notified of the determination and is given areasonable opportunity to modify their bid and submit a best and final bidto the state. In cases where the bids received are noncompetitive or thelow bid exceeds available funds, the negotiated price shall be lower thanthe lowest rejected bid of any responsible bidder under the originalsolicitation.

4. All bids shall be based on standard specifications wherever suchspecifications 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 andgoverning the manner in which all claims for supplies delivered shall besubmitted, examined, approved and paid. The commissioner shall determinethe amount of bond or deposit and the character thereof which shallaccompany bids or contracts.

5. The department of natural resources may, without the approval ofthe commissioner of administration required pursuant to this section, enterinto contracts of up to five hundred thousand dollars to abate illegalwaste tire sites pursuant to section 260.276, RSMo, when the director ofthe department determines that urgent action is needed to protect publichealth, safety, natural resources or the environment. The department shallfollow bidding procedures pursuant to this section and may promulgate rulesnecessary to establish such procedures. Any rule or portion of a rule, asthat term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies 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 generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 1999, shall be invalid and void.

6. The commissioner of administration and other agencies to which thestate purchasing law applies shall not contract for goods or services witha vendor if the vendor or an affiliate of the vendor makes sales at retailof tangible personal property or for the purpose of storage, use, orconsumption in this state but fails to collect and properly pay the tax asprovided in chapter 144, RSMo. For the purposes of this section,"affiliate of the vendor" shall mean any person or entity that iscontrolled by or is under common control with the vendor, whether throughstock 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 7-01-03

CROSS REFERENCE:

Bidding for construction of a minimum security correctional facility, RSMo 221.500