Missouri 2025 Regular Session

Missouri Senate Bill SB624 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 624
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR HUDSON.
6	6	2468S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 34.042, RSMo, and to enact in lieu thereof one new section relating to
9	9	competitive bidding.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 34.042, RSMo, is repealed and on e new 1
13	13	section enacted in lieu thereof, to be known as section 34.042, 2
14	14	to read as follows:3
15	15	34.042. 1. When the commissioner of administration 1
16	16	determines that the use of competitive bidding is either not 2
17	17	practicable or not advantageous to the state , supplies may 3
18	18	be procured by competitive proposals. The commissioner 4
19	19	shall state the reasons for such determination, and a report 5
20	20	containing those reasons shall be maintained with the 6
21	21	vouchers or files pertaining to such purchases. All 7
22	22	purchases in excess of ten thousand dollars to be made under 8
23	23	this section shall be based on competitive proposals. 9
24	24	2. On any purchase where the estimated expenditure 10
25	25	shall be one hundred thousand dollars or over, the 11
26	26	commissioner of administration shall: 12
27	27	(1) Advertise for proposals in at least two daily 13
28	28	newspapers of general circulation in such places as are most 14
29	29	likely to reach prospective offerors and may advertise in at 15
30	30	least two weekly minority newspapers and may provide such 16
31	31	information through an electronic medium available to the 17
32	32	general public at least five days before proposals for such 18 SB 624 2
33	33	purchases are to be opened. Other methods of advertisement, 19
34	34	however, may be adopted by the commissioner of 20
35	35	administration when such other methods are dee med more 21
36	36	advantageous for the supplies to be purchased; 22
37	37	(2) Post notice of the proposed purchase; and 23
38	38	(3) Solicit proposals by mail or other reasonable 24
39	39	method generally available to the public from prospective 25
40	40	offerors. 26
41	41	All proposals for suc h supplies shall be mailed or delivered 27
42	42	to the office of the commissioner of administration so as to 28
43	43	reach such office before the time set for opening 29
44	44	proposals. Proposals shall be opened in a manner to avoid 30
45	45	disclosure of contents to competing offero rs during the 31
46	46	process of negotiation. 32
47	47	3. The contract shall be let to the lowest and best 33
48	48	offeror as determined by the evaluation criteria established 34
49	49	in the request for proposal and any subsequent negotiations 35
50	50	conducted pursuant to this subsecti on. In determining the 36
51	51	lowest and best offeror, as provided in the request for 37
52	52	proposals and under rules promulgated by the commissioner of 38
53	53	administration, negotiations may be conducted with 39
54	54	responsible offerors who submit proposals selected by the 40
55	55	commissioner of administration on the basis of reasonable 41
56	56	criteria for the purpose of clarifying and assuring full 42
57	57	understanding of and responsiveness to the solicitation 43
58	58	requirements. Those offerors shall be accorded fair and 44
59	59	equal treatment with resp ect to any opportunity for 45
60	60	negotiation and subsequent revision of proposals; however, a 46
61	61	request for proposal may set forth the manner for 47
62	62	determining which offerors are eligible for negotiation, 48
63	63	including, but not limited to, the use of shortlisting. 49 SB 624 3
64	64	Revisions may be permitted after submission and before award 50
65	65	for the purpose of obtaining best and final offers. In 51
66	66	conducting negotiations there shall be no disclosure of any 52
67	67	information derived from proposals submitted by competing 53
68	68	offerors. The commissioner of administration shall have the 54
69	69	right to reject any or all proposals and advertise for new 55
70	70	proposals or purchase the required supplies on the open 56
71	71	market if they can be so purchased at a better price. 57
72	72	4. The commissioner shall make av ailable, upon 58
73	73	request, to any members of the general assembly, information 59
74	74	pertaining to competitive proposals, including the names of 60
75	75	bidders and the amount of each bidder's offering for each 61
76	76	contract. 62
77	77	5. (1) If identified in the solicitation, the 63
78	78	commissioner may award a contract to the lowest and best 64
79	79	responsive vendor as determined by the evaluation criteria 65
80	80	set out in the solicitation, while reserving certain 66
81	81	contract provisions for negotiation after the notice of 67
82	82	award. The reserved contract provisions for post -award 68
83	83	negotiation shall not be provisions that were part of the 69
84	84	evaluation criteria and scoring or provisions that impacted 70
85	85	such criteria or scoring. The time frame for such post - 71
86	86	award negotiations shall be set out in the s olicitation 72
87	87	itself, and if such negotiations fail, the commissioner may 73
88	88	cancel the award and award the contract to the next lowest 74
89	89	and best vendor. If satisfied with the lowest and best 75
90	90	responsive vendor's proposal, the commissioner may waive 76
91	91	post-award negotiations. 77
92	92	(2) For solicitations that provide for contract awards 78
93	93	to be made to multiple vendors, including qualified vendor 79
94	94	list solicitations, post -award negotiations may be done 80
95	95	separately with all awarded vendors if specified in the 81 SB 624 4
96	96	solicitation and if needed. For any provision agreed to in 82
97	97	such post-award negotiations with a vendor, any other vendor 83
98	98	awarded a contract out of that solicitation may request the 84
99	99	same negotiated provision for their contract, and the 85
100	100	commissioner shall add it through a written contract 86
101	101	amendment. 87
102	102	