Mo. Code Regs. Ann. tit. 1, § 30-3.025
PURPOSE: This rule sets forth the methods and procedures for selection of project construction and management services.
(1) Definitions. As used in this regulation and the remainder of this chapter, the following terms mean:
(L) “Design services,” services that are—
engineering as defined in section 327.181, RSMo, or the practice of architecture as defined in section 327.091, RSMo; or
professional engineer in connection with the architect’s or professional engineer’s employment or practice;
(2) Competitive Bidding.
(A) Soliciting Bids. Section 8.250, RSMo requires that bids be solicited for work on public construction projects. When appropriate, solicitation for bids will go beyond the minimum requirements of the statutes and/or this rule. Notice of solicitation for bids on projects in major metropolitan areas will be sent to minority contractor assistance organizations. Solicitation for bids is authorized only after review and approval of drawings and specifications have been completed in accordance with 1 CSR 30-3.030.
thousand dollars ($25,000). Projects costing more than twenty-five thousand dollars ($25,000) will have solicitation advertised in accordance with section 8.250, RSMo. In addition, when appropriate, individual firms will be contacted to determine and/or solicit their interest.
dollars ($25,000) or less. Projects costing twenty-five thousand dollars ($25,000) or less will be referred to in these regulations as small projects. Small projects may be accomplished using standing contracts or individually procured by the agency in accordance with the current policies of the Division of Facilities Management, Design and Construction.
3. Emergency projects.
cost of which exceeds twenty-five thousand dollars ($25,000) require approval of the director. Requests should include scope, source of funding and, when appropriate, drawings, specifications, and proposal forms.
requirement of competitive bids for construction projects when the director has determined that there exists a threat to life, property, public health, or public safety or when immediate projects are necessary for repairs to state property in order to protect against further loss of, or damage to, state property, to prevent or minimize serious disruption in state services or to ensure the integrity of state records. Emergency contracts for construction shall be made with as much competition as is practicable under the circumstances.
firms that are available and competent to perform the necessary work will be invited to visit the site for examination and discussion of the work. Attending firms will be provided with available drawings, specifications, proposal forms, and instructions for submitting proposals. Telephone bids for an hourly rate with a “total not to exceed” amount may be accepted.
request for proposals shall be held to the minimum necessary to eliminate hazards and/or prevent further damage. Corrective work shall not be included in the emergency request, but incorporated into a separate project for later solicitation.
determined that it is necessary or expedient for project related equipment or materials to be separately procured, the Division of Facilities Management, Design and Construction will prepare the necessary specifications and procure the equipment using appropriate competitive bidding procedures.
(F) Contracts. Approval by the director of a contract for a project costing twenty-five thousand dollars ($25,000) or more will be granted only after review and approval of drawings and specifications in accordance with 1 CSR 30-3.030.
the bidder successfully meeting the requirements of the bid documents within the available appropriations.
letter will be issued to the successful bidder upon approval by the director. The purpose of the intent to award letter is to notify the successful bidder of their selection so they may obtain the insurance, performance bond, and other documentation necessary to allow the notice to proceed to be issued.
ments may require, as appropriate, performance/payment bond, Workers’ Compensation insurance, comprehensive general liability and Design and Construction
property damage insurance, automobile public liability and damage insurance, owner’s protection liability insurance, builder’s risk (or installation floater) insurance, and special hazard insurance. The director or his/her designee will determine the form and items required to provide the complete contract documents. Evidence of these items shall be furnished on the forms and in amounts determined by the director to be necessary and/or in compliance with current statutes. In addition, drawings and specifications on which proposals were submitted shall be incorporated by reference in the contract signed by the successful bidder. Contracts shall not be approved until these contract documents, properly executed, are received by the director. The director has discretion to reject any insurer for bond and insurance tendered. Failure to perform on a prior contract may be cause for rejection of an insurer. Failure to furnish the mandatory contract documents in a reasonable time may be treated by the director as refusal to accept the contract and/or execute the contract.
with work on a project will be issued by the director, or his/her designee, and work on a project will not be authorized until a notice is issued. This notice shall be issued only after encumbrance of funds for the contract.
(3) Pre-qualification.
(A) Criteria. The division may require prequalification of bidders when the construction project to be bid—
be performed;
method of construction specified;
experience with such equipment;
installation of sophisticated equipment, systems, or controls;
or certification from specified equipment manufacturers;
time frame; or
dard” quality control.
(C) Procedure. The pre-qualification process will be a one- (1-) step process. The division shall prepare a request for qualifications for specific selected project with a description of the project, the rationale for the decision to pre-qualify bidders, the procedures for submittal and the selection criteria to be used. Notice of the request for qualifications shall be advertised in accordance with section 8.250, RSMo. The selection criteria to be used in the pre-qualification may include—
projects;
posed for project;
scope and value;
to bidder;
ules;
rates; and
posed for specified areas of work.
(D) Evaluation. An evaluation team consisting of at least three (3) representatives of the division shall be selected by the director to evaluate the qualifications submitted by all potential bidders.
submittals of the potential bidders and assign points to each submittal in accordance with the criteria established for the project and as set out in the instructions of the request for qualifications.
determined number of points shall be prequalified to submit a bid on the project on a date specified.
will be accepted and opened. Bid evaluation shall be on the basis of the lowest, responsive, responsible bidder.
(4) Project/Construction Management.
(5) Design-Build.
(A) Criteria. The director will select those projects for which the use of design-build procurement is appropriate. In making that determination, the director should consider—
method of procurement will serve the public interest by providing substantial savings of time or money over the traditional design/bid/build delivery process;
project and meet the needs of the agency and any need to expedite the delivery process;
of either method;
confidence about the project scope and definition;
staff to manage the project; and
manage the project. If a design-build process is selected, the director will determine the scope and level of detail necessary to permit qualified persons to submit proposals in accordance with the request for proposals given the nature of the project.
(B) Procedure. A design criteria consultant may be employed or retained by the division director to assist in preparation of the request for proposal, perform periodic site visits, prepare progress reports, review, and approve progress and final pay applications of the design-builder, review shop drawings and submittals, decide disputes, interpret the construction documents, perform inspections upon substantial and final completion, assist in warranty inspections, and to provide any other professional service where the director deems it to be in the public interest to have an independent design professional assisting with the project administration. The consultant will be selected and its contract negotiated in compliance with sections 8.285 to 8.291, RSMo.
be advertised in accordance with section 8.250, RSMo. The division shall publish a notice of a request for proposal with a description of the project, the rationale for the decision to use the design-build method of procurement, the procedures for submittal, and the selection criteria to be used.
request for proposal a time, place, and other specific instructions for the receipt of proposal. Proposals not submitted in strict accordance with those instructions shall be subject to rejection.
pared for each design-build contract containing at minimum the following elements:
submitting proposals, the criteria for evaluation of proposals, and their relative weight and the procedures for making awards;
for the design-build contract;
specifications, or other information to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or other information that will be acceptable;
mencement and completion of the design- 1 CSR 30-3
build contract;
contract, if any;
women business enterprise requirements for the design-build contract, if any;
able ratings for performance bonds, payment bonds, and insurance; and
sion in its discretion chooses to supply, including, without limitation, surveys, soil reports, drawings of existing structures, environmental studies, photographs, or references to public records, or affirmative action and minority business enterprise requirements consistent with state and federal law.
a three- (3-) stage process. Phase I will be the solicitation of qualifications of the designbuild team. Phase II will be the solicitation of a technical proposal including conceptual design for the project, and Phase III will be the proposal of the construction cost.
least two (2) representatives of the division, two (2) representatives of the using agency, and a fifth member selected by the director who shall serve as chairman to facilitate the evaluation process and vote only in case of a tie. The evaluation team shall review the submittals of the proposers and assign points to each proposal in accordance with this regulation and the request for proposal.
a statement of qualification that includes, but is not limited to—
projects comparable in design, scope, and complexity;
design-build projects have been performed;
will manage the design and construction aspects of the project; and
the primary design consultants and the contractors with whom the design-builder proposes to subcontract. The design-builder may only replace an identified subcontractor or subconsultant with the written approval of the director.
vices on the project shall be evaluated in accordance with the requirements of sections 8.285 to 8.291, RSMo. Qualified proposers selected by the evaluation team may proceed to Phase II of the selection process. Proposers lacking the necessary qualifications to perform the work shall be disqualified and not allowed to proceed to Phase II of the process. Under no circumstances shall price or fee be a part of the prequalification criteria. Points assigned in the Phase I evaluation process will not carry forward to Phase II of the process. All qualified proposers shall be ranked on points given in Phases II and III only.
qualify any proposer, which in the director’s opinion, lacks the minimal qualifications necessary to perform the work.
proposers have been selected, the proposers will be given a specified amount of time with which to assemble Phase II and Phase III proposals.
ducted as follows:
qualified proposers to participate in Phase II of the process;
demonstrate compliance with the requirements set out in the request for proposal, including the level of detail requested for the design;
the schedule for completing a project as specified by the owner may be considered as an element of evaluation in Phase II;
points awarded to each proposer in Phase II may be based on each proposer’s qualifications and ability to design, contract, and deliver the project on time and within budget of the Office of Administration;
design proposal contain any reference to the cost of the proposal; and
uated and assigned points in accordance with the requirements of the request for proposal. Phase II shall account for no less than forty percent (40%) of the total point score as specified in the request for proposal.
lows:
vide a firm, fixed cost of construction and be accompanied by bid security and any other submittals mandated by the request for proposals, such as statements of minority participation;
in accordance with the request for proposal. The director shall reject any proposal that is not submitted on time. Phase III shall account for not less than forty percent (40%) of the total point score as specified in the request for proposal;
III shall be submitted concurrently at the time and place specified in the request for proposal. The Phase III cost proposals shall be opened only after the Phase II design proposals have been evaluated and assigned points;
read aloud at the time and place specified in the request for proposal. At the same time and place, the evaluation team will make public its scoring of Phase II. Cost proposals will be evaluated in accordance with the requirements of the request for proposal. In evaluating the cost proposals, the low bidder shall be awarded the total number of points assigned to be awarded in Phase III. For all other bidders, cost points will be calculated by reducing the maximum points available in Phase III by two percent (2%) or more for each percentage point of the low bid by which the bidder exceeds the low bid and the points assigned will be added to the points assigned for Phase II for each proposer;
not in the best interest of the state to proceed with the project pursuant to the proposal offered by the proposer with the highest total number of points, the director may reject all proposals. In such event, all qualified proposers with lower point totals shall receive a stipend and the proposer with the highest total number of points shall receive an amount equal to two (2) times such stipend. If the director determines to award the project, the responsive proposer with the highest number of points shall be awarded the contract; and
director may solicit new proposals using different design criteria, budget constraints, or qualifications.
posers, the division may pay a reasonable stipend, the amount of which shall be established in the request for proposal, to each prequalified design-builder whose proposal is responsive but not accepted. Upon payment of the stipend to any unsuccessful designbuild proposer, the state shall acquire a nonexclusive right to use the design submitted by the proposer, and the proposer shall have no further liability for its use by the state in any manner. If the design-build proposer desires to retain all rights and interest in the design proposed, the proposer shall forfeit the stipend.
(6) Standing Contracts.
project issued under a standing contract shall not exceed the amounts set forth in section 8.255, RSMo.
(7) Contractor Responsibility. The director has the authority to declare a contractor not responsible, and to either suspend or debar the contractor from performing work on any state project.
(A) Initial Decision.
suspend or debar a contractor shall be sent to the contractor by certified mail, return receipt requested. The notice should contain a statement as to the factual basis for the contractor’s suspension or debarment, the length of the suspension, and an explanation of what the contractor must do to be found eligible to again submit bids on contracts.
or debarment, the contractor may request a hearing in front of the director or his/her appointed designee. The hearing will be informally conducted and provide the contractor or affiliates an opportunity to present any facts that may tend to show that the contractor is in fact responsible.
postmarked within ten (10) consecutive calendar days of the date of receipt of the notice, as evidenced by the return receipt.
nation within sixty (60) consecutive calendar days of the hearing. The determination shall be sent to all parties by certified mail, return receipt requested. The determination shall set forth the basis for the suspension or debarment, the length of ineligibility, and the showing required for the contractor to once again be determined eligible to bid on contracts. The determination may affirm, reverse, or modify the preliminary determination.
(B) Appeal. The contractor may request that the director’s determination be reviewed by the commissioner of administration or his/her appointed designee.
writing and be filed with the commissioner within fourteen (14) consecutive calendar days of the date of receipt of the director’s final determination, as evidenced by the return receipt. The request must set forth specific reasons why relief should be granted.
based solely on the documentation submitted by both the contractor and the director. No new hearing will be provided. The commissioner may set aside a determination only if it is found to be an abuse of discretion.
shall be issued within sixty (60) consecutive calendar days of the date of the request for review and shall be mailed to all parties.
commissioner to suspend or debar a contractor is not a “contested case” as defined in Chapter 536, RSMo.
(C) Effect of Suspension or Debarment. During the period of suspension or debarment, a suspended or debarred contractor will not be eligible to receive invitations for bids or requests for proposals or to be awarded any contract by the division. A suspended or debarred contractor may also not participate in any contract with the division. This restriction includes being a subcontractor, consultant, sub-consultant, or supplier to any eligible contractor, as well as submitting a bid as part of a partnership or joint venture.
tract to perform work on a state project during a period of suspension or debarment, the director may issue a determination extending the time of suspension, changing a suspension to a debarment, or changing the showing that the contractor must make to be determined eligible to perform work on future contracts.
ly contracts with a suspended or debarred contractor to provide labor or materials on a contract with the division may be suspended or debarred.
extend to any affiliate of the contractor who had actual or constructive knowledge of the preliminary determination of suspension or debarment.
tor for a period not to exceed one (1) year or debar a contractor indefinitely. After the stated period of suspension has expired or more than two (2) years has passed since the finding of debarment, the contractor may apply to the director to be declared eligible. The contractor must show that the contractor has complied with the terms set forth in the final determination of suspension or debarment. If the contractor applies for reinstatement but is unable to demonstrate responsibility to the director, the contractor shall continue to be ineligible until the required information is provided.
(D) Cause for Suspension or Debarment. The director may suspend or debar a company or firm and their named principals for any or a combination of the following reasons:
related to obtaining or performing a government contract;
theft, forgery, making false statements, or tax evasion;
action indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor;
another state, the federal government, another entity of the state of Missouri, or by a political subdivision of the state of Missouri; or
sions, which include, but are not limited to failure to, perform or negligent performance of any term or standard of one or more contracts. The failure to perform caused by acts beyond the control of the contractor, or a subcontractor, or material supplier, shall not be considered a basis for suspension or debarment.
AUTHORITY: sections 8.250, 8.255, 8.310, and 8.320, RSMo 2016.* Original rule filed Nov. 5, 2007, effective June 30, 2008. Amended: Filed Nov. 30, 2018, effective July 30, 2019. 1 CSR 30-3
*Original authority: 8.250, RSMo 1939, amended 1957, 1995, 2007; 8.255, RSMo 1995, amended 2005, 2007; 8.310, RSMo 1958, amended 1965, 1984, 1985, 1995, 2014; and 8.320, RSMo 1958, amended 1965, 2014.