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 10-18.020 - Causes for Disqualification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment adds safety findings
				  to the list of possible causes of disqualification and authorizes the conduct
				  of officials, employees and other persons and entities associated with a
				  contractor to be imputed to that contractor if certain criteria are
				  met.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Causes for Disqualification.
				Disqualification may be imposed for any of the following:
(A) Submitting more than one (1) proposal for
				the same work from an individual, firm, or corporation under the same or
				different name. A bidder may, however, submit a proposal as principal and as a
				subcontractor to some other principal, or may submit a proposal as a
				subcontractor to as many other principals as s/he desires, and by so doing will
				not be liable to disqualification in the intent of this
				specification;
(B) A preponderance
				of the evidence that shows collusion exists among the bidders;
(C) Conviction of or civil judgment for or
				finding of any one (1) act, including failure to act, or attempt or conspiracy
				to act, constituting or furthering any of the following:
1. Commission of fraud or a criminal offense
				in connection with obtaining, attempting to obtain, or performing a public or
				private agreement or transaction, by a contractor;
2. Violation of federal or state antitrust
				statutes, including those proscribing price fixing between competitors,
				allocation of customers between competitors, and bid rigging; or
3. Embezzlement, theft, bribery, perjury,
				assault, false affidavit, false declaration within the meaning of section
				576.060,
				RSMo (1994), false statements or false claims within the meaning of 31 U.S.C.
				1020,
				31
				U.S.C. 3729,
				31
				U.S.C. 3801 or 49 CFR part 31, obstruction of
				justice, obstruction of any government operation, false representation or false
				report;
(D) Violation of
				the terms of a public agreement or transaction so serious as to affect the
				integrity of an agency project or program, such as a willful failure to perform
				in accordance with the terms of one (1) or more public agreements or
				transactions;
(E) A nonprocurement
				debarment by any federal, state or local governmental agency taken before
				October 1, 1988, or a procurement debarment by any federal agency taken
				pursuant to federal regulations, or debarment disqualification or similar
				action by any other state, county or local government for an act which would be
				grounds for disqualification under this section;
(F) Making or receiving kickbacks or payments
				of currency or any item of value in order to obtain or retain any contract or
				payment thereunder, or in return for an agreement to make or for the making of
				any false statements or material misrepresentations or omissions of fact to any
				federal, state, or local governmental agency or private firm relevant to
				contract compliance;
(G)
				Suspension, debarment, or other disqualification of the contractor, or
				determination that the contractor is not a responsible bidder for public
				contracting purposes, by any federal, state, or local governmental agency;
				or
(H) Occupational Safety and
				Health Administration (OSHA) violations categorized as willful, and/or a
				documented history of serious and/or repeated violations that resulted in
				serious injury or death per Title 29, Code of Federal Regulations, Sections
				1910-1990, which is incorporated by reference 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
				July 1, 2017. This rule does not incorporate any subsequent amendments or
				additions of this rule.