Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 18 - Contractor Disqualification for Misconduct › Section 7 CSR 10-18.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment clarifies the review
				  board participants.
(1)
				Definitions. The following definitions apply to this chapter:
(A) Affiliate. Persons are affiliates of each
				other if, directly or indirectly, either one controls or has the power to
				control the other; or a third person controls or has the power to control both.
Indicia
of control include, but are not limited to, the
				following: interlocking management or ownership, identity of interests among
				family members, shared facilities and equipment, common use of employees, a
				business entity organized following the suspension or the termination of a
				person which has the same or similar management, ownership, or principal
				employees as the suspended or terminated, ineligible, or voluntarily excluded
				person, or joint ventures. A successor business entity is also an affiliate for
				the purpose of this chapter;
(B)
				Agency. Any federal, state or local public governmental entity (other than a
				court acting in its judicial capacity) which engages in procurement, purchasing
				or competitive bidding of public contracts, including the department or the
				commission, or which possesses the authority to declare a potential bidder or
				contractor ineligible to bid on or receive publicly-awarded
				contracts;
(C) Board. See review
				board;
(D) Chief engineer. The
				chief engineer of the Missouri Department of Transportation;
(E) Civil judgment. The disposition of a
				civil action by any state or federal court of competent jurisdiction, whether
				entered by verdict, decision, settlement, stipulation or otherwise, which
				creates a civil liability or finding for some or all of the wrongful acts
				alleged; or a final determination of liability in a local, state or federal
				civil judicial or administrative proceeding, including a proceeding under this
				chapter, seeking civil penalties or other remedies for making, presenting or
				submitting any false, fictitious or fraudulent claims or statements to an
				agency, or causing such to be made, presented or submitted to an agency,
				including but not limited to those within the Federal Program Fraud Civil
				Remedies Act ( 31 U.S.C. sections 3801 to 3812 );
(F) Commission. The Missouri Highways and
				Transportation Commission;
(G)
				Contract. A written agreement between the contractor and the commission or
				department, setting forth the obligation of the parties thereunder, including,
				but not limited to, the performance of the work, the furnishing of labor and
				materials, and the basis of payment. A contract may include two (2) or more
				different highway projects as part of a required or permissive combination.
				"Contract" shall also refer to all contracts entered into between the
				contractor and any subcontractor or supplier at any tier;
(H) Contractor. Contractor means any
				individual or other legal entity that-
1.
				Directly or indirectly (for example, through an affiliate), submits offers for
				or is awarded, a government contract, including a contract for carriage under
				government or commercial bills of lading, or a subcontract under a government
				contract; or
2. Conducts business,
				or reasonably may be expected to conduct business, with the government as an
				agent or representative of another contractor;
(I) Conviction. An adjudication of guilt of a
				criminal offense which may be punished by imprisonment, rendered by any state
				or federal court of competent jurisdiction, whether entered upon a verdict or a
				plea, including a plea of
nolo contendere
or an "Alford" plea,
				and regardless of whether imposition of a sentence of a fine or imprisonment is
				suspended or executed. A conviction exists immediately when the adjudication of
				guilt is entered, even though the date for sentencing or probation has not yet
				occurred, and even though that adjudication of guilt may be subject to defense
				motions, withdrawal of the plea, or appeal;
(J) Department. The Missouri Department of
				Transportation. "Department" includes the chief engineer and all other officers
				and employees of the department, unless the text of this chapter clearly
				indicates a contrary construction is intended;
(K) Disqualification. To determine
				ineligibility or unfitness for contracting or being a subcontractor or supplier
				under any contract with the commission or the department. A disqualified
				contractor is considered not responsible for contracting or being a
				subcontractor or supplier under any contract with the commission or the
				department. For purposes of this chapter, disqualification may consist of
				suspension of the contractor, subcontractor or supplier;
(L) Division. Refers to the divisions of
				construction, design, materials, maintenance, traffic and bridge within the
				Missouri Department of Transportation;
(M) Indictment. Indictment for a felony or
				misdemeanor in any state or under federal law. An information or other filing
				by competent authority charging a criminal offense shall be given the same
				effect as an indictment;
(N)
				Ineligible. Excluded from participation in contracts with the commission or the
				department;
(O) Principal. A person
				is a principal of a firm if s/he is an officer, director, owner, partner, or
				other person with that firm who has primary management, supervisory or bidding
				duties or authority;
(P) Review
				board. The review board for purposes of this chapter consists of three (3) or
				more of the following: the assistant chief engineer; and two (2) appropriate
				division engineers or directors from the following divisions as designated by
				the chief engineer: design, construction and materials, maintenance, traffic
				and highway safety, and bridge; or any of their designates;
(Q) State. Includes the state of Missouri, as
				well as all other states, territories and possessions of the United
				States;
(R) Subcontractor. Any
				individual, partnership, corporation or a person or firm participating as part
				of a joint venture, to whom a contractor sublets any part of the work under a
				commission contract;
(S) Successor.
				A person, firm or corporation is a successor to another if it is a business
				entity organized following the disqualification of the other, and it has the
				same or similar management, ownership or principal employees as the
				disqualified person, firm or corporation; and
(T) Supplier. A manufacturer, fabricator,
				supplier, distributor, materialman, or vendor having a direct contract with the
				contractor or with any subcontractor to furnish material or equipment to be
				incorporated in work by the contractor or subcontractor.