Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment defines the chair of
				  the review committee and corrects that MoDOT's statewide administration of
				  contracts is being performed through seven (7) districts.
(1) Active project. Any contract of which
				final acceptance has not been made.
(2) 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: interlocking management or
				ownership, identity of interests among family members, shared facilities and
				equipment, common use of employees, or a business entity organized following
				the suspension, debarment, or disqualification of a person which has the same
				or similar management, ownership or principal employees as the suspended,
				debarred, or disqualified person.
(3) Bidder. Any person, individual,
				partnership, corporation or joint venture submitting a bid to supply goods or
				to perform the work contemplated under a commission contract.
(4) Chief engineer. The chief engineer of the
				Missouri Department of Transportation.
(5) Commission. The Missouri Highways and
				Transportation Commission.
(6)
				Construction and materials. The division within the department responsible for
				administering all construction contracts awarded by the commission.
(7) Contractor. Any person, individual or
				legal entity including its officers and directors, that submits bids or
				proposals for or is awarded or may reasonably be expected to submit bids or
				proposals for or be awarded a commission contract. This definition includes any
				subcontractor that conducts business with the commission or department as an
				agent or representative of a contractor and any person, individual or legal
				entity that conducts business with the department as an agent or representative
				of a contractor.
(8) Contractor
				performance review committee. The review committee consists of the following
				three (3) persons: the assistant chief engineer, as chair, the state
				construction and materials engineer, and the administrator of the contractor
				performance rating system, or an authorized representative acting on behalf of
				any one (1) of them.
(9)
				Contractor's representative. A general partner, officer of a corporation or
				other proper term depending on the company or organization, as one having
				authority of position, stated in writing.
(10) Department. The Missouri Department of
				Transportation (MoDOT).
(11)
				District. One (1) of seven (7) geographic regions of Missouri established for
				administrative purposes within the department.
(12) District engineer. The engineer in
				charge of a district.
(13) Mean.
				The sum of all of the individual contractor's ratings divided by the total
				number of ratings.
(14)
				Nonresponsible contractor. A contractor determined by the commission to lack
				one (1) or more of the qualities associated with a responsible bidder or
				responsible contractor and are deemed ineligible to bid on commission
				contracts.
(15) Person. Any
				individual, corporation, partnership, association, unit of government or legal
				entity, however organized.
(16)
				Population. The collection of all results of a specified group.
(17) Principal. Officer, director, owner,
				partner, key employee, or other person within an organization with primary
				management or supervisory responsibilities; or a person who has critical
				influence on or substantive control over another person's transaction, whether
				or not employed by that person.
(18) Resident engineer. The individual
				employed by the department and assigned to a district, holding that title, who
				is the department's representative assigned the immediate control and
				administration of a commission project awarded by contract to a contractor for
				construction. Whenever appropriate, it also refers to his/her designated
				representative.
(19) Responsible
				bidder or responsible contractor. A person who has the capability in all
				respects to perform fully the contract requirements, and who possesses the
				integrity and reliability which will assure good faith performance.
(20) Sample. A subset of a statistical
				population.
(21) Specialty
				contractors. Those contractors who have performed eighty-five percent (85%) or
				more of their work in one (1) specification area as set forth in Divisions
				200-900 in the Missouri Standard Specifications for Highway
				Construction.
(22) Standard
				deviation. The square root of the average of the squared difference between the
				individual ratings and their mean.
(23) State construction and materials
				engineer. The registered professional engineer in charge of construction and
				materials administration within the department.
(24) Subcontractor. Any person participating
				as part of a joint venture, to whom the contractor sublets any part of the work
				under a commission contract.
(25)
				Successor. A person is a successor if it is organized following the
				disqualification of another person, and it has the same or similar management,
				ownership or principal employees as the disqualified person.
(26) Weighted average. An average of
				quantities adjusted by a mathematical value to allow for their relative
				importance in a data set.The weighted average for ratings is the sum of the
				products of each individual rating within a population multiplied by its
				corresponding dollar value, which is then divided by the sum of these
				corresponding dollar values alone. For example: population=1 and 2, R1=rating
				for 1, R2=rating for 2; so the weighted average for the population's rating is
				[R1x$ related to R1)+(R2x$ related to R2)]/[$ related to R1)+($ related to
				R2)].
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo
					 1996.