Missouri

Key Agency(ies):  

• The central authority for procurement in Missouri is the Office of Administration’s Division of Purchasing (DP).
• For capital improvements (design, construction, renovation, and repair of state facilities), responsibility lies with the Office of Administration, Division of Facilities Management, Design and Construction.

Key Statute:

• Missouri’s procurement activities are governed primarily by Chapter 34 of the Revised Statutes of Missouri (Mo. Rev. Stat.). This chapter sets forth the statutory framework for purchasing and procurement by agencies, including definitions, competitive bidding requirements, preferences, and contract administration.
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• Other relevant statutes include:
• Capital improvements: Mo. Rev. Stat. Chapter 8
• Minority and Women Business Enterprises: Mo. Rev. Stat. §§ 37.020-37.023
• Ethics: Mo. Rev. Stat.§§ 105.450-105.496

Key Regulations:

• Missouri’s procurement regulations are codified in the Missouri Code of State Regulations (Mo. Code Regs.), Title 1, Division 40, Chapter 1.
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Procurement Types/Highlights:

• Invitation for Bid (IFB)
• Request for Proposal (RFP)
• Single Feasible Source (Sole Source)
• Emergency procurement

Bid Protests:

Regs Governing Bid Protests:

• Mo. Rev. Stat. Title 1, Section 40.1050(12) sets forth the requirements for submitting a bid or proposal award protest, including the format, content, and timing of the protest. It also outlines the review process and possible remedies.

Eligible Protesters:

• Any bidder or offeror who is aggrieved by the award of a contract may file a protest. The protester must have participated in the procurement process and have standing (i.e., a direct economic interest affected by the award).

Timeliness Rules:

• A bid or proposal award protest must be submitted in writing and received by the Division of Purchasing within 10 business days after the date of award.
• Protests submitted after the 10-business day period are not considered.

Protest Process:

• The written protest must include:
• Contact information of the protester
• Signature of the protester or representative
• Solicitation number
• Detailed statement describing the grounds for the protest
• Supporting exhibits, evidence, or documents to substantiate the claim.
• A protest that fails to include this information may be denied solely on this basis.
• All timely protests are reviewed by the director or designee.
• The review is limited to the issues asserted in the protest.
• The determination will contain findings of fact, an analysis of the protest, and a conclusion (sustained or denied).
• If the protest is sustained, remedies may include canceling the award.
• If denied, no further action is taken by the division.

Appeals:

• The statutes and regulations governing Missouri procurement do not provide for a formal administrative appeal process beyond the Division of Purchasing’s determination.
• Judicial review may be sought under Mo. Rev. Stat. §§ 536.100-536.150, which allow aggrieved parties to seek review of final administrative decisions.

Claims: 

• Missouri procurement law provides for claims and contract disputes to be handled by the agency receiving goods or services.
• If a contractor is aggrieved after exhausting agency-level and administrative remedies, they may seek judicial review.

Suspension & Debarment:

• Pursuant to Mo. Rev. Stat. Title 1, Section 40-1.060(6), a vendor may be suspended for cause. The vendor must be mailed a formal notice outlining the reasons, conditions, and effective period of the suspension.
• Suspension may last up to 180 days for a first violation and not more than a year for subsequent violations.
• The vendor may appeal by submitting a written request to the director or commissioner within 14 calendar days after receipt of the notice. The decision is final and mailed to all parties.
• Mo. Rev. Stat. Title 1, Section 40-1.060(7) allows the director to debar a vendor whenever, in their sole discretion, it is in the best interests of the state.
• Debarment may be imposed for a single incident of serious misconduct or after multiple less serious incidents.
• The director must notify the vendor of the reasons for debarment and any actions required for reinstatement.
• The vendor may appeal by requesting review by the commissioner of administration or designee within 14 calendar days. The commissioner’s determination is final.
• Mo. Rev. Stat. Title 1, Section 40-1.060(8) provides a nonexclusive list of actions sufficient for suspension or debarment (e.g., fraud, failure to perform, violation of contract provisions, etc.).

Interesting/Distinctions: 

• Missouri has a statutory prohibition on public entity contracts that boycott goods or services from Israel.
• Missouri statutes require preference for Missouri products and firms.
• Contracts give preference also to service-disabled veteran businesses, as well as food and beverages with higher calcium levels, and recycled products and products made from solid waste.