I was visiting with a manufacturer last summer, and he was expressing
some concern about missing a contract with the Missouri Department of
Transportation for some equipment because a vendor in Illinois was a
few dollars cheaper. He talked about how this really didn't seem like
a good thing to do because that contract could have provided jobs needed
for Missouri residents. He maintained that it seemed like a shame that
our state agencies are required to purchase from the lowest and best
cost vendor without other considerations. In discussing the situation,
we decided that Missouri vendors should be given preference when dealing
with Missouri state government agencies. This would help all of our
businesses in Missouri by keeping the jobs here and it would also help
improve our economy.
Someone must have been listening. Governor Holden signed an executive
order in December 2003 giving Missouri vendors preference when bidding
on products and services to be supplied to Missouri state agencies.
That order reads:
EXECUTIVE ORDER 03-27
WHEREAS Missouri businesses
and workers are highly skilled and efficient and produce high quality
products and services.
WHEREAS, the economy
of the State of Missouri benefits from keeping Missouri tax dollars
in the state when state government purchases these excellent Missouri
products and services. Taxpayers should expect to realize the full
value for every tax dollar spent in Missouri.
WHEREAS, product
and service specifications contained in an offer for a Missouri purchasing
bid continue to provide free and open competition for all vendors,
including those vendors offering Missouri products and services.
WHEREAS, the State
of Missouri should purchase goods and services from in-state companies
whenever possible in order to support Missouri business, grow the
Missouri economy, and provide jobs for Missouri workers.
NOW, THEREFORE, I,
BOB HOLDEN, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority
vested in me as governor of the State of Missouri, do hereby order
as follows:
1. For purposes of this executive order, the term "Missouri product"
refers to goods or commodities, which are manufactured, mined, produced
or grown by companies in Missouri, or services provided by such companies
in Missouri.
2. Under Sections 34.040 and 34.042, RSMo, a Missouri state government
purchaser shall purchase a product that is determined to be the "lowest
and best." In addition, Sections 34.070 and 34.073, RSMo, authorize
a preference for Missouri products.
3. In determining the lowest and best award, cost and other factors
are considered in the evaluation process. Factors may include value,
performance and quality of a product.
4. Missouri state government agencies shall purchase a Missouri product
unless it is determined that the value (including, but not limited
to price, performance, and quality) of the Missouri product does not
meet the needs of the user.
5. In assessing value, the Commissioner of the Office of Administration
and other Missouri state governmental purchasers 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.
6. The Commissioner of the Office of Administration shall provide
a listing of Missouri products and access to such listing to all state
government agencies and other interested parties. The Commissioner
of the Office of Administration shall also make efforts to identify
and give notice of state government bidding opportunities to Missouri
manufacturers or service providers. Finally, the Commissioner of the
Office of Administration shall ensure state agencies follow the requirements
of this Executive Order and the Missouri preference provisions set
forth in Chapter 34, RSMo.
7. State government agencies shall make a good faith search of Missouri
companies that provide Missouri manufactured products or services.
8. Upon request of the Missouri company, the state department for
which the contract was awarded shall prepare a written explanation
within 20 days of the award explaining why the Missouri manufacturer
or service provider did not receive the award. This will enable Missouri
companies to improve their products and services to meet Missouri
government's needs and make them more competitive in the global marketplace.
9. This requirement for the purchase of Missouri products and services
will become effective for all affected purchases made after December
9, 2003.
IN WITNESS WHEREOF,
I have hereunto set my hand and caused to be affixed the Great Seal
of the State of Missouri, in the City of Jefferson on this 2nd day
of December 2003.
Bob Holden, Governor
If you have been an unsuccessful bidder in the past, you may want to
try again now that you have a little edge on the outside competition.
And if you need help with making connections and doing business with
the government, we can help. Just contact our Missouri Procurement Technical
Assistance Center (MO PTAC) at the University of Missouri-Columbia,
by calling 573-882-8058, or visit the web site www.missouribusiness.net/ptac
for additional information about services and center locations.
