reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 23 - Technician Certification Program › Section 7 CSR 10-23.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment specifies membership
				  on the review board and clarifies the role of the instructor.
(1)
				Evaluator. An individual who has been approved by the materials qualification
				engineer (MQE) to administer performance evaluations.
(2) Instructor. An individual who is
				qualified by the technician certification coordinator (TCC) and MQE in the
				areas or levels to successfully perform classroom instruction and administer
				written examinations and performance evaluations for the technician
				certification program (TCP).
(3)
				Materials qualification engineer (MQE). Missouri Department of Transportation
				(MoDOT) employee responsible for managing and supervising the TCC in the
				administration of TCP activities statewide.
(4) Registered intern status. Temporary
				qualification of new hires, students working over the summer, and seasonal
				employees as sampling or testing technicians-in-training who operate under the
				direct supervision of a qualified sampling or testing technician.
(5) Review board. A board chaired by the
				State Construction and Materials Engineer that is responsible for making
				decisions regarding certification suspensions and revocations. The review board
				for purposes of this chapter consists of three (3) or more of the following:
				The State Construction and Materials Engineer, chair; the appropriate division
				or district engineer; or any of their delegates.
(6) Technician. An individual certified to
				perform sampling and acceptance testing of materials used in transportation
				construction projects.
(7)
				Technician certification coordinator (TCC). MoDOT employee responsible for
				administering TCP activities statewide.
(8) Technician Certification Program (TCP). A
				program administered by MoDOT to certify technicians who perform sample and
				acceptance testing of certain materials used in transportation construction
				projects.
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; and 227.030, RSMo
					 1939.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 23 - Technician Certification Program › Section 7 CSR 10-23.020 - Certification and Certification Renewal Requirements for Qualified Sampling and Testing Technicians and Sampling or Testing Technicians-in-Training

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment further defines the
				  intern requirement and adds additional certification types needed for
				  construction methods currently used and changes timeframes for retention of
				  documents.
(1) Applicability.
				This rule applies to all individuals seeking a certification or a certification
				renewal from the Missouri Department of Transportation (MoDOT) as a qualified
				sampling or testing technician, and any individuals seeking registered intern
				status from MoDOT as a sampling or testing technician-in-training under the
				direct supervision of a qualified sampling or testing technician.
(2) Applications. Any individual seeking a
				certification or a certification renewal shall complete the "Application
				Form-MoDOT Technician Certification Program." Any individual seeking registered
				intern status shall complete the "Application Form-MoDOT Intern Status
				Registration." These application forms can be obtained from the Internet at the
				MoDOT website at
http://www.modot.mo.gov
or by contacting
				the technician certification coordinator (TCC). Completed applications are to
				be forwarded to the TCC.
(3)
				Certification Requirements. Any individual seeking certification shall-
(A) Complete an "Application Form- MoDOT
				Technician Certification Program" in accordance with section (2) of this
				rule;
(B) Attend the classroom
				instruction required by MoDOT for the desired certification in accordance with
				section (6) of this rule;
(C) Pass
				the written examination in accordance with section (7) of this rule;
(D) Pass the performance examination in
				accordance with section (8) of this rule;
(E) Be eligible, upon passing the required
				examinations, for a certification that is valid for five (5) years after
				issuance, and may be perpetually renewed in accordance with section (4) of this
				rule; and
(F) Be subject to
				certification suspension or revocation pursuant to
				7
				CSR 10-23.030.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 23 - Technician Certification Program › Section 7 CSR 10-23.030 - Certification Suspension and Revocation Procedures and the Appeal Process for Technicians and Sampling or Testing Technicians-in-Training

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment provides for the
				  revoking of all certifications for up to one (1) year by the review board,
				  extends the records period to five (5) years, and provides for possible
				  consequences to the supervisor of an intern.
(1) Certification Suspension and Revocation.
(A) The materials qualification engineer
				(MQE), after investigation of wrongdoing by a technician, shall propose
				suspension or revocation of the certification of that technician to the review
				board if he or she is found to have committed fraud, abuse, willful negligence,
				or has demonstrated incompetence identified by the technician's supervisor or a
				certified technician, verified by a second certified technician.
(B) The review board shall evaluate any
				proposal by the MQE to suspend or revoke the certification of a technician to
				determine whether action should be taken against that technician in the public
				interest. Depending upon the seriousness of the technician's acts or omissions,
				the existence of past review board actions against him or her, and any
				mitigating factors, the review board may take the following actions against
				that technician:
1. Issue a written reprimand
				to the technician;
2. Suspend all
				certifications held by the technician, reserving the right for the review board
				to establish in each case the effective date and length of any suspension, not
				to exceed one (1) year in duration;
3. Revoke all certifications held by the
				technician for one (1) year upon issuance of revocation, requiring the
				technician to seek certification anew and complete all certification
				requirements again pursuant to
				7
				CSR 10-23.020; or
4. Revoke all certifications held by the
				technician, prohibiting the technician from seeking certification anew pursuant
				to
				7
				CSR 10-23.020 for a period of up to ten (10)
				years.
(C) The MQE must
				notify the technician in writing within ten (10) working days of any
				determinations made by the review board on a proposal to suspend or revoke the
				technician's certification by the MQE.
(D) Any actions taken by the review board
				against a technician, except for certification revocation, will be removed from
				the technician's existing record five (5) years after the date of such
				actions.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.020 - General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the scope of the
				  chapter.
(1) This chapter
				describes the commission's policies and procedures for approving design-build
				projects financed under Title 23, United States Code (U.S.C.), by use of state
				funds, by use of funds of local public agencies or counties, or any combination
				of fund sources. All acquisitions under these rules are competitive
				acquisitions.
(2) The provisions
				of this chapter apply to all design-build projects within the state highway
				system, interstate or National Highway System (NHS) highway or linked to a
				federal-aid highway project (i.e., the project would not exist without another
				federal-aid highway project).
(3)
				The commission is neither requiring nor promoting the use of the design-build
				contracting method. The design-build contracting technique is optional and its
				use limited by law.
(4) Relations
				of the National Environmental Protection Act (NEPA) review process to the
				design-build procurement process.
(A) A
				commission Request for Qualification (RFQ) solicitation may be released prior
				to the conclusion of the NEPA review process as long as the RFQ solicitation
				informs proposers of the general status of the NEPA process.
(B) A commission Request for Proposal (RFP)
				may be issued prior to the conclusion of the NEPA process as long as the RFP
				informs proposers of the general status of the NEPA process and that no
				commitment will be made as to any alternative under evaluation in the NEPA
				process, including the no-build alternative as defined in Title 23, Code of
				Federal Regulations (CFR) 636.109. Title 23, CFR, section 636.109 is
				incorporated by reference into and made a part of this rule as published by the
				United States Superintendent of Documents, 732 N Capitol Street N W,
				Washington, D.C. 20402-0001, website:
http://bookstore.gpo.gov
on January 1,
				2012. This rule does not incorporate any subsequent amendments or additions to
				the Code of Federal Regulations in
				23
				CFR 636.109.
(C) The environmental commitments and
				mitigation measures identified during the NEPA process are included in the
				commission's RFP for the design-built project, including how such commitments
				and mitigation measures will be implemented.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.030 - Procedures for Solicitations and Receipt of Proposals

Current through Register Vol. 49, No. 14, July 15, 2024
(1) In addition to the public notice set
				forth in section 227.107.18, RSMo, the commission may use additional procedures
				deemed appropriate for the solicitation and receipt of proposals and
				information, including the following:
(2) public newspapers that are distributed
				wholly or in part in this state and at least one
(1) construction industry trade publication
				that is distributed nationally. In addition, the commission may use additional
				procedures deemed appropriate for the solicitation and receipt of proposals and
				information including the following:
(A)
				Exchanges with industry before receipt of proposals;
(B) Request for Qualification (RFQ), Request
				for Proposal (RFP) and contract format;
(C) Solicitation schedules;
(D) Lists of forms, documents, exhibits, and
				other attachments;
(E)
				Representations and instructions;
(F) Handling proposals and information;
				and
(G) Submission, modification,
				revisions and withdrawal of proposals.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.050 - Types of Projects in Which Design-Build Contracting May Be Used

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the design-build
				  method used in determining a project "qualified" and how it applies to
				  Intelligent Transportation System (ITS) projects.
(1) Subject to the provisions of 227.107,
				RSMo , the design-build contracting technique may be used for any project which
				the commission deems to be appropriate on the basis of project delivery time,
				cost, construction schedule, and/or quality.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
					 1939, amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.060 - Stipends

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the payment of
				  stipends, if elected by the commission, and the criteria used in determining
				  the amount of stipend.
(1)
				The commission will pay a reasonable stipend to unsuccessful proposers who have
				submitted responsive proposals.
(2)
				On federal-aid projects stipends are eligible for federal-aid participation.
				Proposers will cooperate in providing such records and complying with such
				process in order for the commission to obtain federal participation.
(3) Stipend amount determination may
				consider:
(A) Project scope;
(B) Substantial opportunity for
				innovation;
(C) The cost of
				submitting a proposal;
(D)
				Encouragement of competition;
(E)
				Compensate unsuccessful proposers for a portion of their costs (usually
				one-third to one-half (1/3 to 1/2) of the estimated proposal development cost);
				and
(F) Ensure that smaller
				companies are not put at a competitive disadvantage.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.070 - Risk Allocation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for factors to be
				  considered in risk allocation.
(1) The commission will consider, identify,
				and allocate the risks in the Request for Proposal (RFP) document and define
				these risks in the contract. Risk will be allocated with consideration given to
				the party who is in the best position to manage and control a given risk or the
				impact of a given risk.
(2) Risk
				allocation will vary according to the type of project and location, however,
				the following factors should be considered and will be used to the extent the
				commission considers them appropriate:
(A)
				Governmental risks, including the potential for delays, modifications,
				withdrawal, scope changes, or additions that result from multi-level federal,
				state, and local participation and sponsorship;
(B) Regulatory compliance risks, including
				environmental and third-party issues, such as permitting, railroad, and utility
				company risks;
(C) Construction
				phase risks, including differing site conditions, traffic control, interim
				drainage, public access, weather issues, and schedule which good engineering
				and contracting practice would take into account in determining site
				investigation plan and design, which reflect sub-surface or latent physical
				conditions which are known, discoverable or which a reasonable person would be
				on notice to investigate or expect or which are inherent in the type of work
				and geographic location of the work;
(D) Post-construction risks, including public
				liability and meeting stipulated performance standards; and
(E) Right-of-way risks including acquisition
				costs, appraisals, relocation delays, condemnation proceedings, including court
				costs and others.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.080 - Organizational Conflicts of Interest

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the conflict of interest
				  policy applicable to design-build projects.
(1) State statutes, regulations or policies
				concerning organizational conflict of interest will be specified or referenced
				in the design-build Request for Qualification (RFQ) or Request for Proposal
				(RFP) document as well as any contract for engineering services, inspection or
				technical support in the administration of the design-build contract. All
				design-build solicitations will address the following situations as
				appropriate:
(A) Consultants and
				sub-consultants who assist the commission in the preparation of a RFP document
				will not be allowed to participate as a proposer or join a team submitting a
				proposal in response to the RFP. However, the commission may determine there is
				not an organizational conflict of interest for a consultant or sub-consultant
				where:
1. The role of the consultant or
				sub-consultant was limited to provision of preliminary design, reports, or
				similar "low-level" documents that will be incorporated into the RFP, and did
				not include assistance in development of instructions to proposers or
				evaluation criteria; or
2. Where
				all documents and reports delivered to the commission by the consultant or
				sub-consultant are made available to all offerors.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.100 - Selection Procedures and Award Criteria

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the criteria used to
				  determine whether standard design-build or modified design-build procedures
				  will be used.
(1) The
				commission will use a two- (2-) phase selection procedure for all design-build
				projects. If it is determined by the commission that the design-build procedure
				is not appropriate for a given project, based on the criteria in
				7 CSR
				10-24.130, the modified design-build contracting
				method may be utilized.
(2) The
				following criteria will be used to decide whether design-build or modified
				design-build selection procedures are appropriate:
(A) The number of offers
				anticipated;
(B) Proposers are
				expected to perform substantial design work before developing price
				proposals;
(C) Proposers will incur
				a substantial expense in preparing proposals; and
(D) Commission has sufficiently defined and
				analyzed other contributing factors, including:
1. The requirements of the project;
2. The time constraints for delivery of the
				project;
3. The capability and
				experience of potential contractors;
4. Commission capabilities to manage the
				standard design-build selection process; and
5. Any other criteria that the commission may
				consider appropriate.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.110 - Solicitation Procedures for Competitive Proposals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the elements included in
				  phase one and phase two solicitation procedures.
(1) The first phase consists of a short
				listing based on a Request for Qualification (RFQ).
(2) The second phase consists of the receipt
				and evaluation of price and technical proposals in response to a Request for
				Proposal (RFP).
(3) The commission
				may include the following items in any phase one solicitation:
(A) The scope of the work;
(B) The cost estimate of the design-build
				project;
(C) The project completion
				date; and
(D) A detailed
				disadvantaged business enterprise (DBE) participation plan including:
1. Information describing the experience of
				the proposer in meeting DBE participation goals;
2. How the proposer will meet the commission
				DBE participation goal; and
3. Such
				other qualifications that the commission considers to be in the best interest
				of the state as stated in the RFQ;
(E) The phase one evaluation factors and
				their relative weights, including:
1.
				Technical approach (but not detailed design or technical
				information);
2. Technical
				qualifications, such as:
A. Specialized
				experience and technical competence;
B. The capability of proposers to perform,
				including key personnel; and
C.
				Past performance of the members of the proposer's team, including the
				architect-engineer and construction members;
3. Other appropriate factors, excluding cost
				or price related factors which are not permitted in phase one; and
(F) Phase two evaluation factors;
				and
(G) A statement of the maximum
				number of proposers that will be short-listed to submit phase two
				proposals.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.120 - Past Performance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the use of past
				  performance information in evaluating contractor during either phase one or
				  phase two solicitations.
(1)
				If the commission elects to use past performance criteria as an indicator of a
				proposer's ability to perform the contract successfully, the information may be
				used as evaluation criteria in either phase one or phase two solicitations. The
				currency and relevance of the information, source of the information, context
				of the data, and general trends in contractor's performance may be
				considered.
(2) For evaluating
				proposers with no relevant performance history, the commission will provide
				proposers an opportunity to identify past or current contracts, including
				federal, state, and local government and private, for efforts similar to the
				current solicitation.
(3) If the
				commission elects to request past performance information, the solicitation
				will also authorize proposers to provide information on problems encountered on
				the identified contracts and the proposer's corrective actions. The commission
				may consider this information, as well as information obtained from any other
				sources, when evaluating the proposer's past performance.
(4) The commission may, at its discretion,
				determine the relevance of similar past performance information.
(5) The evaluation will take into account
				past performance information regarding predecessor companies, key personnel who
				have relevant experience, or subcontractors that will perform major or critical
				aspects of the requirement when such information is relevant to the current
				acquisition.
(6) The commission may
				use any existing prequalification procedures for either construction or
				engineering design firms as a supplement to the procedures in this
				section.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
					 1939, amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.130 - Modified Design-Build Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the modified
				  design-build selection procedures.
(1) Modified design-build selection
				procedures, the lowest price technically acceptable source selection process,
				may be used for any project.
(2)
				The Request for Proposal (RFP) will clearly state the following:
(A) The identification of evaluation factors
				and significant subfactors that establish the requirements of acceptability;
				and
(B) That award will be made on
				the basis of the lowest evaluated price of proposals meeting or exceeding the
				acceptability standards for noncost factors.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.140 - Tradeoffs in Design-Build Contracting

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes when and how tradeoffs
				  should be used in awarding a design-build contract and documentation of the
				  tradeoff decisions.
(1) At
				its discretion, the commission may consider the tradeoff technique when it is
				desirable to award to other than the lowest priced proposer or other than the
				highest technically rated proposer.
(2) If the commission uses a tradeoff
				technique, the following is to be clearly stated in the solicitation:
(A) All evaluation factors and significant
				subfactors that affect contract award and the factor's relative importance ;
				and
(B) Whether all evaluation
				factors other than cost or price, when combined, are:
1. Significantly more important than cost or
				price; or
2. Approximately equal in
				importance to cost or price; or
3.
				Significantly less important than cost or price.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.150 - Use of a Competitive Range to Limit Competition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for establishing a
				  competitive range to limit competition.
(1) The solicitation may notify proposers
				that a competitive range can be used for purposes of efficiency. The commission
				may limit the number of proposals to a number that will permit efficient
				competition. The commission will provide written notice of elimination to any
				proposer whose proposal is not within the competitive range. Proposers
				eliminated from the competitive range may request a debriefing according to
				procedure approved by the commission. The commission may provide for pre-award
				or post-award debriefings.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
					 1939, amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.200 - Proposal Evaluation Factors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the selection of the
				  proposal evaluation factors and the limitations on the selection and the
				  possible inclusion of prequalification standards.
(1) The commission will select proposal
				evaluation factors and significant subfactors for each design-build and
				modified design-build project, which will be clearly stated in the
				solicitation.
(A) The proposal evaluation
				factors and significant subfactors will be tailored to the
				acquisition.
(B) Evaluation factors
				and significant subfactors will:
1. Represent
				the key areas of importance and emphasis to be considered in the source
				selection decision; and
2. Support
				meaningful comparison and discrimination between and among competing
				proposals.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.210 - Process to Review, Rate, and Score Proposals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process used to rate
				  and score proposals.
(1)
				Technical and price proposals will normally be reviewed independently by
				separate evaluation teams. However, there may be occasions where the same
				evaluators needed to review the technical proposals are also needed in the
				review of the price proposals. This may occur where a limited amount of
				technical expertise is available to review proposals. Price information may be
				provided to such evaluators in accordance with this chapter and the provisions
				of the Request for Proposal (RFP).
(2) Proposal evaluation is an assessment of
				the proposer's proposal and ability to perform the prospective contract
				successfully. The commission will evaluate proposals solely on the factors and
				subfactors specified in the solicitation.
(3) Any rating method or combination of
				methods, including, but not limited to, color or adjectival ratings, numerical
				weights, and ordinal rankings, may be used when proposal evaluations are
				conducted to determine the relative strengths, deficiencies, weaknesses, and
				risks of the proposal.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
					 1939, amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.310 - Clarifications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the "clarification" type
				  of information exchange.
(1)
				The commission may clarify any aspect of proposals that would enhance the
				commission's understanding of a proposer's proposal. Clarification exchanges
				are discretionary. They do not have to be held with any specific number of
				proposers and do not have to address specific issues.
(2) Clarification may include information
				such as a proposer's past performance to which the proposer has not previously
				had an opportunity to respond.
(3)
				The commission may clarify and revise the Request for Proposal (RFP) document
				through an addenda process in response to questions from potential
				proposers.
*Original authority: 226.020, RSMo 1939; 226.030 RSMo 1939
					 amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.320 - Communications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the "communications"
				  type of information exchange.
(1) Communications may be considered in
				rating proposals for the purpose of inclusion in the competitive range. Prior
				to determining inclusion in the competitive range, the commission may conduct
				communications to:
(A) Enhance the
				commission's understanding of proposals;
(B) Allow reasonable interpretation of the
				proposal; or
(C) Facilitate the
				commission's evaluation process.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.330 - Discussions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the "discussions" type
				  of information exchange.
(1)
				After receipt of proposals and determination of the competitive range, the
				commission may use discussions to maximize its ability to obtain the best
				value, based on the requirements and the evaluation factors set forth in the
				solicitation.
(2) If discussions
				are held, they will be conducted with all proposers in the competitive range.
				If the commission wishes to hold discussions and did not formally establish a
				competitive range, then the commission will hold discussions with all
				responsive proposers.
(3)
				Discussions should be tailored to each proposer's proposal. Discussions will
				cover significant weaknesses, deficiencies, and other aspects of a proposal
				(such as cost or price, technical approach, past performance, and terms and
				conditions) that could be altered or explained to enhance materially the
				proposal's potential for award. The commission's discretionary judgment will
				set limits for the scope and extent of discussions.
(4) In situations where the solicitation
				stated that evaluation credit would be given for technical solutions exceeding
				any mandatory minimums, the commission may hold discussions regarding increased
				performance beyond any mandatory minimums, and the commission may suggest to
				proposers that have exceeded any mandatory minimums (in ways that are not
				integral to the design), that their proposals would be more competitive if the
				excesses were removed and the offered price decreased.
(5) In a competitive acquisition, the
				commission may employ discussions that may include bargaining. The term
				bargaining may include: persuasion, alteration of assumptions and positions,
				give-and-take, and may apply to price, schedule, technical requirements, type
				of contract, or other terms of a proposed contract.
(6) In competitive acquisitions, the
				solicitation will notify proposers of the commission's intent to use or not use
				discussions. The solicitation will either:
(A)
				Notify proposers that discussions may be held depending on the quality of the
				proposals received (except clarifications may be used as described in
				7 CSR
				10-24.300 ). Therefore, the proposer's initial
				proposal should contain the proposer's best terms from a cost or price and
				technical standpoint; or
(B) Notify
				proposers of commission's intent to establish a competitive range and hold
				discussions.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 24 - Design-Build Project Contracts › Section 7 CSR 10-24.413 - Negotiations Allowed After Source Selection Prior to Contract Execution

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes when limited
				  negotiations are allowed.
(1)
				After the source selection but prior to contract execution, commission may
				conduct limited negotiations with the selected design-builder to clarify any
				remaining issues regarding scope, schedule, financing or any other information
				provided by that offeror. These limited negotiations will be subject to the
				provisions of
				7 CSR
				10-24.300 in the exchange of this
				information.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
					 1939, amended 1965, 2003, 2004; and 227.107, RSMo
					 2002.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.030 - Apportion Registration Pursuant to the International Registration Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the publication date
				  of the International Registration Plan, which is incorporated by
				  reference.
(1) Definitions.
(A) Commission means the Missouri Highways
				and Transportation Commission created in Article I V, Section 29 of the
Missouri Constitution
;
(B) Director means the director of the Motor
				Carrier Services Division of the Missouri Department of Transportation who is
				the official designated by the commission to be responsible for administration
				of the International Registration Plan (IRP);
(C) Division means the Motor Carrier Services
				Division of the Missouri Department of Transportation; and
(D) Temporary vehicle registration means a
				temporary permit authorizing operation of vehicles in other member
				jurisdictions pending full registration upon completion of the initial or
				renewal application.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.030 - Apportion Registration Pursuant to the International Registration Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to match the
				  commission's current practice of accepting International Registration Plan
				  applications in electronic form only. It also updates information regarding an
				  affidavit form that is incorporated by reference into the rule.
(1) Definitions.
(A) Commission means the Missouri Highways
				and Transportation Commission created in Article I V, Section 29 of the
Missouri Constitution
;
(B) Director means the director of the Motor
				Carrier Services Division of the Missouri Department of Transportation who is
				the official designated by the commission to be responsible for administration
				of the International Registration Plan (IRP);
(C) Division means the Motor Carrier Services
				Division of the Missouri Department of Transportation; and
(D) Temporary vehicle registration means a
				temporary permit authorizing operation of vehicles in other member
				jurisdictions pending full registration upon completion of the initial or
				renewal application.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.040 - Notice to be Given to Consumers by Household Goods Carriers-Timing of Delivery, Form and Contents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires motor carriers of
				  household goods to provide an informational pamphlet to customers or potential
				  customers at appropriate times, informing them of their rights and obligations
				  as consumers of intrastate household goods carriage services. The intent of the
				  rule is to better inform consumers and reduce the likelihood of disputes
				  arising between household goods carriers and their customers.
(1) Motor carriers transporting or offering
				to transport household goods in intrastate commerce on the public roads of this
				state shall provide a notice of consumer rights and obligations as set forth
				herein to their shipper customers or potential customers.
(2) The notice shall be provided to the
				shipper customer or potential customer at the first occurrence of the following
				events between the carrier and the shipper customer:
(A) When the carrier presents to the shipper
				customer any binding or non-binding estimate of charges for carriage of
				household goods in intrastate commerce;
(B) When the carrier takes any action in
				furtherance of assuming the carriage rights and responsibilities of any other
				carrier, which has become incapable, for any reason, to complete a shipment of
				household goods in intrastate commerce;
(C) When the carrier presents to the shipper
				customer any contract or offer to provide for carriage of household
				goods.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.050 - Reciprocity with Other States-Registration of Trailers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Highways and Transportation
				  Commission has the authority to negotiate and to enter reciprocal agreements
				  with other jurisdictions for registration of commercial motor vehicles for
				  interstate commercial use of the highways. This rule interprets the statutes
				  with respect to reciprocity and registration.
(1) Trailers. Unless otherwise provided by
				duly executed reciprocity agreements authorized by law, trailers registered in
				any member jurisdiction may be operated in combination with any motor vehicle
				properly registered pursuant to such reciprocity agreement.
(2) The Highways and Transportation
				Commission delegates to the Department of Transportation's Motor Carrier
				Services Division (MCS) the authority to issue temporary vehicle registration
				in lieu of permanent registrations for interstate trailers. The original or a
				copy of the cab card authorized pursuant to
				7
				CSR 10-25.030(8) for the trailer must
				be carried in or upon the tractor pulling the trailer at all times. To register
				any number of trailers with the commission, a person or corporation must have
				at least one (1) tractor registered with the commission.
(3) Reciprocal privileges granted under
				section
				301.271,
				RSMo can only be granted to an owner who is not a resident of Missouri, who has
				properly registered the vehicle desired to be operated within the jurisdiction
				where the owner is a resident.
(4)
				Vehicles operating solely in interstate commerce on the highways of Missouri
				are not required to pay Missouri motor vehicle registration fees. Vehicles
				operating or moving in solely intrastate commerce between two (2) points in
				Missouri or carrying any merchandise or passengers between two (2) points in
				Missouri will be required to pay the full Missouri motor vehicle registration
				fees required for the operation.
(5) In the event of the loss, theft,
				mutilation, or destruction of any license plate the registrant may file with
				the commission a notice of such loss, theft, mutilation, or destruction
				together with any fee required by section
				301.300,
				RSMo, to obtain a duplicate or replacement plate.
(6) Any contractor or sub-contractor of the
				commission that is subject to regulation under these administrative rules shall
				at all times while conducting business with the commission under such contract
				be in good standing with the laws of the state of Missouri and the
				administrative rules of the commission, or shall obtain full compliance with
				such laws or rules within ten (10) days of being notified of noncompliance by
				MCS.
*Original authority: 226.130, RSMo 1939, amended 1993,
					 1995; 226.008, RSMo 1988, amended 1993, 2002; and 301.275, RSMo 1958.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.060 - Trip Permits and Hunter's (Unladen) Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Highways and Transportation
				  Commission has the authority to issue trip permits for specified limited
				  periods of commercial interstate use of Missouri highways. This rule interprets
				  the purposes and the requirements for such issuance by the
				  commission.
(1) Definitions.
(A) Fuel trip permit means a seventy-two (72)
				hour permit which is used to satisfy motor fuel use tax obligations on a
				trip-by-trip basis.
(B) Hunter's
				(Unladen) permit authorizes the movement of a vehicle which was proportionally
				registered in Missouri for purposes of securing a new lease agreement at the
				empty weight for thirty (30) days in member jurisdictions of the International
				Registration Plan (IRP).
(C)
				Seventy-two (72) hour reciprocity trip permit authorizes a vehicle legally
				registered in another jurisdiction to be operated intra-jurisdictionally and
				inter-jurisdictionally on the highways of Missouri in lieu of apportioned or
				full registration.
(D) Seventy-two
				(72) hour permit authorizes the movement of a vehicle on the highways of
				Missouri pending issuance of credentials when such vehicle is registered in
				accordance with Chapter 390, RSMo.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.060 - Trip Permits and Hunter's (Unladen) Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to match the
				  commission's current practice of accepting trip permit and hunter's permit
				  applications in electronic form only, either from the permittee directly or by
				  the permittee's private contractor.
(1) Definitions.
(A) Fuel trip permit means a seventy-two (72)
				hour permit which is used to satisfy motor fuel use tax obligations on a
				trip-by-trip basis.
(B) Hunter's
				(Unladen) permit authorizes the movement of a vehicle which was proportionally
				registered in Missouri for purposes of securing a new lease agreement at the
				empty weight for thirty (30) days in member jurisdictions of the International
				Registration Plan (IRP).
(C)
				Seventy-two (72) hour reciprocity trip permit authorizes a vehicle legally
				registered in another jurisdiction to be operated intra-jurisdictionally and
				inter-jurisdictionally on the highways of Missouri in lieu of apportioned or
				full registration.
(D) Seventy-two
				(72) hour permit authorizes the movement of a vehicle on the highways of
				Missouri pending issuance of credentials when such vehicle is registered in
				accordance with Chapter 390, RSMo.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.071 - Application for International Fuel Tax Agreement License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies how applications
				  are accepted.
(1) A person or
				entity desiring to obtain an International Fuel Tax Agreement (IFTA) license
				shall file an application with the commission in accordance with provisions of
				the IFTA and sections
				142.617
				and
				226.008,
				RSMo.
(2) Applications will be
				accepted via United States mail, electronically, or in person.
(3) The applicant shall provide the
				information requested on the application form prescribed by IFTA and shall also
				include, but not be limited to, the following:
(A) The applicant's United States Department
				of Transportation (USDOT) number, if applicable;
(B) Whether petroleum products are
				transported;
(C) Lease information,
				if applicable;
(D) Proof of
				Missouri plate registration and/or proof of Missouri application for
				apportioned registration under the International Registration Plan;
				and
(E) History of any out-of-state
				IFTA license.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 25 - Motor Carrier Operations › Section 7 CSR 10-25.071 - Application for International Fuel Tax Agreement License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the rule to match the
				  commission's current practice of accepting International Fuel Tax Agreement
				  license applications in electronic form only, through the commission's secure
				  MoDOT Carrier Express business application or as the commission otherwise
				  prescribes.
(1) A person or
				entity desiring to obtain an International Fuel Tax Agreement (IFTA) license
				shall file an application with the commission in accordance with provisions of
				the IFTA and sections
				142.617
				and
				226.008,
				RSMo.
(2) Applications will be
				accepted electronically through the commission's secure MoDOT Carrier Express
				business application or as otherwise prescribed by the commission in the Motor
				Carrier Services division procedure manual.
(3) The applicant shall provide the
				information requested on the application form prescribed by IFTA and shall also
				include, but not be limited to, the following:
(A) The applicant's United States Department
				of Transportation (USDOT) number, if applicable;
(B) Whether petroleum products are
				transported;
(C) Lease information,
				if applicable;
(D) Proof of
				Missouri plate registration and/or proof of Missouri application for
				apportioned registration under the International Registration Plan;
				and
(E) History of any out-of-state
				IFTA license.