Mo. Code Regs. tit. 7 § 10-10.080
Current through Register Vol. 49, No. 23, December 2, 2024
Section 7 CSR 10-10.080 - Determination of NonresponsibilityPURPOSE: This rule describes the effect and consequences that a commission determination of nonresponsibility has upon the person or contractor which has been disqualified under the provisions of this chapter.
(1) Determination of Unacceptable Performance.(A) Contractors receiving an unacceptable rating or overall performance rating shall be considered and reviewed for possible disciplinary actions for unacceptable performance.1. A contractor who receives an initial unacceptable category or overall performance determination shall be placed on probation.2. Any contractor who is on probation and receives a second unacceptable category or overall performance determination shall be declared nonresponsible and shall be disqualified from bidding for one (1) year. The contractor may also be declared disqualified from performing work as a subcontractor or vendor during the same disqualification period. At the conclusion of this disqualification period, the contractor may be reinstated to a probationary status and allowed to bid on commission projects upon providing proof to the satisfaction of the department that changes have been made within the company to correct previous deficiencies.3. Any contractor reinstated to probationary status after a disqualification imposed under this rule, who receives a subsequent determination of unacceptable category or overall performance determination shall be declared nonresponsible and disqualified from bidding on commission projects for a period of three (3) years. The contractor may also be declared disqualified from performing work as a subcontractor or vendor, for that same disqualification period. After the three (3) year disqualification period has ended, the contractor may be reinstated to a probationary status upon providing proof to the satisfaction of the department that changes have been made within the company to correct previous deficiencies.4. A probationary status shall remain in effect until the contractor obtains an annual rating of at least average in all categories or the chief engineer approves termination of the probationary status in writing, upon the contractor's written request, for reasons considered appropriate by the department, such as newly discovered relevant evidence of evaluation error or elimination of the cause or causes for which probationary status was imposed. AUTHORITY: sections 226.020, 226.130, 227.030 and 227.105, RSMo 2000.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency rescission and rule filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo 1996.