217.575. Sales of goods or services to state or political subdivisions--promotion--price--certification of nonavailability required for state purchases, when.
Sales of goods or services to state or politicalsubdivisions--promotion--price--certification of nonavailabilityrequired for state purchases, when.
217.575. 1. All goods manufactured, services provided orproduce of the vocational enterprises program of the state shall,upon the requisition of the proper official, be furnished to thestate, to any public institution owned, managed or controlled bythe state, or to any private entity that is leasing space to anyagency of the state government for use in space leased to thestate agency, at such prices as shall be determined as providedin subsection 4 of this section.
2. No goods or services so manufactured, provided orproduced shall be purchased from any other source for the stateor public institutions of the state unless the department shallcertify the goods or services included in the requisition cannotbe furnished or supplied by the vocational enterprises programwithin ninety days, or, in the event the same goods or servicescannot be procured on the open market within ninety days, thatthe vocational enterprises program cannot supply them within areasonable time. No claims for the payment of such goods orservices shall be audited or paid without this certificate. Onecopy each of the requisition or certificate shall be retained bythe department.
3. The division of purchasing and the division of designand construction shall cooperate with the department in seekingto promote for use by state agencies and in state-ownedor -occupied facilities the products manufactured and servicesprovided by the vocational enterprises program.
4. The vocational enterprises program shall fix anddetermine the prices at which goods and produce so manufacturedand produced and services so provided shall be furnished, and theprices shall be uniform to all. The cost shall not be fixed atmore than the market price for like goods and services.
5. Any differences between the vocational enterprisesprogram and the state, its departments, divisions, agencies,institutions, or the political subdivisions of the state as tostyle, design, price or quality of goods shall be submitted toarbitrators whose decision shall be final. One of thearbitrators shall be named by the program, one by the office,department, political subdivision or institution concerned, andone by agreement of the other two. The arbitrators shall receiveno compensation; however, their necessary expenses shall be paidby the office, department, political subdivision or institutionagainst which the award is given, or, in the event of acompromise decision, by both parties, the amount to be paid byeach party in portions to be determined by the arbitrators.
6. The vocational enterprises program may sell officesystems and furniture to any department, agency, or institutionof the state or any political subdivision of the state eitherthrough outright purchase or through payment plan agreement,including handling charges, over a specified number of monthscontingent on the solvency of the working capital revolving fund.Prior approval shall be required by the division of design andconstruction for state agencies in situations where the office ofadministration controlled state-owned office space is involvedand space in which a lease contract executed by the office ofadministration is in effect.
(L. 1982 H.B. 1196 § 101, A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)