Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 40 - Purchasing and Materials Management › Chapter 1 - Procurement › Section 1 CSR 40-1.050 - Procedures for Solicitation, Receipt of Bids, and Award and Administration of Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is amended to reflect the changes
				  in the statutes in Senate Substitute for House Committee Substitute for House
				  Bill 1088 of the 100th General Assembly, which was signed into law by the
				  Governor. This rule fulfills the statutory requirement of section
				  536.023(3),
				   RSMo.
(1) The Division of Purchasing is responsible
				for the procurement of supplies, equipment, and services for state departments.
				The division is also responsible for the operation of the cooperative
				procurement program for political subdivisions of the state and any other
				activities assigned or delegated to it by the Commissioner of Administration.
				These regulations address formal, informal, and statutory procurements under
				Chapter 34, RSMo.
(2) As used in
				this chapter unless the content clearly indicates otherwise, the following
				terms are defined as:
(A) Bid/proposal
				security. A financial guarantee that the bidder/offeror, if selected, will
				accept the contract as bid;
(B)
				Commissioner. The commissioner of the Office of Administration;
(C) Contract. A legal and binding agreement
				between two (2) or more competent parties, for a consideration for the
				procurement of supplies;
(D)
				Debarment. An exclusion from contracting with the state for an indefinite
				period of time;
(E) Director. The
				director of the Division of Purchasing;
(F) Division. The Division of Purchasing
				within the Office of Administration;
(G) Minority. The definition contained in
				1 CSR
				10-17.010(1)(G) will be
				applied;
(H) Minority business
				enterprise (MBE). The definition in section 37.020.1(3), RSMo, will be
				applied;
(I) Multiple award. A
				purchase order or contract awarded to two (2) or more bidders in order to meet
				the needs of agencies, or an award to the next lowest and best vendor where a
				contract is cancelled for breach or the contract award is rescinded;
(J) OA. The Office of
				Administration;
(K) Performance
				security. A financial guarantee that the successful bidder/offeror will
				complete the contract as agreed;
(L) Service-disabled veteran. The definition
				contained in section
				34.074,
				RSMo, will be applied;
(M)
				Service-disabled veteran business enterprise (SDVE). The definition contained
				in section
				34.074,
				RSMo, will be applied;
(N)
				Shortlisting. The process of narrowing down and selecting, from the offerors
				who responded to the solicitation, those offerors that are eligible for
				negotiations, further negotiations, or for demonstrations or testing, based
				upon the criteria specified in the solicitation;
(O) Solicitation. The process of notifying
				prospective bidders that the state wishes to receive bids or proposals to
				provide supplies. The term includes request for proposal (RFP), request for
				quotation (RFQ), invitation for bid (IFB), single feasible source (SFS), and
				any other appropriate procurement method;
(P) State. The state of Missouri;
(Q) Suspension. An exclusion from contracting
				with the state for a temporary period of time;
(R) Vendor, bidder, offeror, or supplier.
				Unless specifically defined in a solicitation, the entity or person who may, or
				who has, submitted a bid or proposal in response to a solicitation;
				and
(S) Women's business enterprise
				(WBE). The definition in section 37.020.1(6), RSMo, will be applied.
All other terms will follow their relevant statutory or
				  regulatory definitions.