purchasing

Missouri Resident Bidder Preference

Revised September 10, 2020

Title IV Executive Branch
Chapter 34: State Purchasing and Printing
Section 34.070: Preference to Missouri products and firms.

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, processed, or grown within the state of Missouri, to all new generation processing entities defined in section 348.432, except new generation processing entities that own or operate a renewable fuel production facility or that produce renewable fuel, 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. For purposes of this section, commodities" shall include forest products and bricks or any agricultural product that has been processed or otherwise had value added to it in this state.

Title IV Executive Branch
Chapter 34: State Purchasing and Printing
Section 34.073: Missouri businesses, performance of jobs or services, preference, when.

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.

Title IV Executive Branch
Chapter 34: State Purchasing and Printing
Section 34.074: Disabled veterans, state and political subdivision contracts, preference to...

3. 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 a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business.

4. In implementing the provisions of subsection 3 of this section, the following shall apply:

• (1) The commissioner of administration shall have the goal of three percent of all such contracts described in subsection 3 of this section to be let to such veterans;
• (2) If no or an insufficient number of such veterans doing business in this state submit a bid or proposal for a contract let by an agency, department, institution, or other entity of the state or a political subdivision, such goal shall not be required and the provisions of subdivision (1) of this subsection shall not apply

Title IV Executive Branch
Chapter 34: State Purchasing and Printing
Section 34.076: Out-of-state contractors or products for public works, requirements, ...

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.

Title IV Executive Branch
Chapter 34: State Purchasing and Printing
Section 34.080: Institutions to use coal from Missouri or adjoining states, when — ...

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.

Title VI: County, Township and Political Subdivision Government
Chapter 50: County Finances, Budget and Retirement Systems
Section 50.780: Commissions may permit officers to purchase supplies direct — liability ...

1. It shall hereafter be unlawful for any county or township officer in any county to which sections 50.760 to 50.790 apply to purchase any supplies not contracted for as provided in sections 50.760 to 50.790 for the officer's official use and for which payment is by law required to be made by the county unless the officer shall first apply to and obtain from the county commission an order in writing and under the official seal of the commission for the purchase of such supplies, and in all cases where the supplies requested by such officer have been contracted for by the county commission as provided in sections 50.760 to 50.790, the order shall be in the form of a requisition by said officer addressed to the person, firm, company or corporation with whom or which the county commission has made a contract for such supplies, and presented to the county commission for approval or disapproval; and unless approval be given such requisition shall not be filled and any such requisition filled without such approval shall not be paid for out of county funds. The county shall not be liable for any debts for supplies except debts contracted as provided in sections 50.760 to 50.790. The best price and the quality of supplies shall be considered and supplies of a higher price or quality than is reasonably required for the purposes to which they are to be applied shall not be purchased or contracted for. Preference to merchants and dealers within their counties may be given by such commissioners, provided the price offered is not above that offered elsewhere.

Code of State Regulations
Title 6: Department of Higher Education and Workforce Development
Division 250: University of Missouri
Chapter 3: Policies of the Board of Curators
CSR 250.3.020: Preference for Missouri Products

(1) In keeping with the policy of the state of Missouri as declared in the statutory law, the Board of Curators of the University of Missouri has adopted the following policy respecting preference for Missouri products and Missouri firms:

• (B) This policy shall be applicable to the construction and repair of buildings, and to the making of purchases, including, not by way of limitation, the purchase of coal for fuel purposes;
• (C) The commodities and services covered by this policy shall include the products of the mines, forests and quarries of the state of Missouri, and all materials, commodities, products, supplies, provisions and all other articles produced, manufactured, mined or grown within the state of Missouri, and shall also apply to contractual services;
• (D) In addition to the commodities, products, supplies and provisions mentioned in 6 CSR 250-3.020(1)(C), preference shall be given to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals;
• (E) Preference shall be given in respect to any commodities, products, materials, supplies, provisions and all other articles produced, manufactured, mined or grown within the state of Missouri and in respect to services when they are of a quality suitable for the purpose intended provided that quality and fitness of articles shall always be considered in determining the right to preference;
• (F) Preference need not be given to Missouri products, materials, supplies, provisions, commodities and other articles unless they are found in marketable quantities in the state;
• (G) Preference shall be given to Missouri products, materials, supplies, provisions, commodities and other articles and services mentioned in 6 CSR 250-3.020(1)(C) only when they can be secured without additional cost over foreign products or the products of other states

(2) By virtue of the foregoing policy and by virtue of statutory authority, preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within, or which are the products of the mines, forests and quarries of the state of Missouri. By virtue of the foregoing policy, preference will also be given to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals.

(3) Corporations not incorporated under the laws of Missouri and firms whose members are not residents of the state of Missouri and individuals not residents of the state of Missouri who have and maintain within the state of Missouri a regular place of business for the transaction of their business shall be deemed doing business as Missouri firms, corporations or individuals when consideration is being given to bids for acceptance by the university.