Missouri
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
1% administrative fee paid by statewide contract vendors quarterly on all payments received by the contractor for all services provided under a statewide contract
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
MO ST 34.010
Citation Language:
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.
Westlaw Flags:
No Flag
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
1 MO ADC 40-1.050(12)
Citation Language:
(12) A bid or proposal award protest must be submitted in writing to the director or designee and received by the division within ten (10) state business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period will extend to the next state business day. A protest submitted after the ten (10) business-day period shall not be considered. The written protest should include the following information: (A) Name, address, and phone number of the protester; (B) Signature of the protester or the protester's representative; (C) Solicitation number; (D) Detailed statement describing the grounds for the protest; and (E) Supporting exhibits, evidence, or documents to substantiate claim. A protest which fails to contain the information listed above may be denied solely on that basis. All protests filed in a timely manner will be reviewed by the director or designee. The director or designee will only issue a determination on the issues asserted in the protest. A protest, which is untimely or fails to establish standing to protest, will be summarily denied. In other cases, the determination will contain findings of fact, an analysis of the protest, and a conclusion that the protest will either be sustained or denied. If the protest is sustained, remedies include canceling the award. If the protest is denied, no further action will be taken by the division.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Definition:
No
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
7 Mo. Code of State Regulations 40-1.050(21)
Citation Language:
21) Awards are to be made to the bidder/offeror whose bid/proposal complies with—(A) All mandatory specifications and requirements of the bid/proposal; (B) Is the lowest and best bid/proposal in accordance with the evaluation methodology outlined in the bid/proposal; and (C) Complies with Chapter 34, RSMo, other applicable Missouri statutes, and all applicable Executive Orders.
Name:
Commodity Code
Commodity Code:
UNSPSC
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$100,000
Citation:
MO ST 34.040.2
Citation Language:
2\. On any purchase where the estimated expenditure shall be one hundred thousand dollars or over, except as provided in subsection 6 of this section, the commissioner of administration shall: (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.
Small Purchases/Informal Purchasing:
$10,000; $100,000
Citation 2:
MO ST 34.040; 1CSR 40-1.50 (3)
Public Link 2:
Citation Language 2:
34.040. Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority. — 1. All purchases in excess of ten thousand dollars shall be based on competitive bids, except as otherwise provided in this chapter. ; 1-CSR 40-1.050 (3) When the procurement is estimated to be less than one hundred thousand dollars ($100,000), an informal method of solicitation may be utilized. Informal methods of procurement may include Request for Quotation (RFQ), telephone quotes, etc.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
eProcurement:
eProcurement
Platform:
WebProcure by Proactis
System Type:
eProcurement
Public Link:
System Name:
MissouriBUYS
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
No official guidance
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
MO ST 34.100
Citation Language:
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.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Comments:
The Central Procurement Office does have authority to conduct a shortlisting process as part of our competitive negotiations. Citations: 1) Section 34.042.3, RSMo: Those offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation and subsequent revision of proposals; however, a request for proposal may set forth the manner for determining which offerors are eligible for negotiation, including, but not limited to, the use of shortlisting. (https://revisor.mo.gov/main/OneSection.aspx?section=34.042 ) 1) 1 Mo Code of State Regulations 40-1.050(22)(B)1: Negotiations may be conducted with only a shortlist of offerors who have submitted proposals if the solicitation permits shortlisting and if the solicitation identifies the method by which the shortlist of offerors will be determined. Shortlisting may also be used to limit the number of offerors demonstrating their products or solutions, or having their products or solutions examined or tested by the agency. Even if shortlisting is permitted, negotiations may still be conducted with all potentially acceptable offerors; (https://s1.sos.mo.gov/cmsimages/adrules/csr/current/1csr/1c40-1.pdf )
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Overarching Agency, Embedded in Procurement Office
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
5 Days
Citation:
MO ST 34.040.2 (1); MO ST 34.042.2 (1)
Public Link 1:
Citation Language:
(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. ; (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.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Full Authorization
Citation:
MO ST 34.040
Citation Language:
8. The commissioner of administration may hold reverse auctions to procure merchandise, supplies, raw materials, or finished goods if price is the primary factor in evaluating bids, excluding items in section 34.047. The office of administration shall promulgate rules regarding the handling of the reverse auction process.
Official VENDOR procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Comments:
The VENDOR manual is the publicly available recourse. However, MO has a internal guide available to all agencies.
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
MO ST 34.047
Citation Language:
Notwithstanding any provision in section 34.040, section 34.100, or any other law to the contrary, departments shall have the authority to purchase products and services related to information technology when the estimated expenditure of such purchase shall not exceed one hundred fifty thousand dollars, the length of any contract or agreement does not exceed twelve months, the department complies with the informal methods of procurement established in section 34.040, and 1 CSR 40-1.050(1) for expenditures of less than one hundred thousand dollars, and the department posts notice of such proposed purchase on the online bidding/vendor registration system maintained by the office of administration. For the purposes of this section, “information technology” shall mean any computer or electronic information equipment or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of information, including audio, graphic, and text.
