Mo. Code Regs. Ann. tit. 1, § 40-1.050
PURPOSE: This rule prescribes procedures for soliciting and receiving bids and for awarding contracts.
(1) When the procurement is estimated to be less than twenty-five thousand dollars ($25,000), an informal method of solicitation may be utilized. Informal methods of procurement may include Request for Quotation (RFQ), telephone quotes, etc.
(2) When the procurement is estimated to be twenty-five thousand dollars ($25,000) or more, a formal method of solicitation must be utilized. Formal competitive bidding may be accomplished by utilizing an Invitation for Bid (IFB). Pursuant to section 34.047, RSMo, information technology purchases estimated not to exceed seventy-five thousand dollars ($75,000) may be completed under an informal process provided the procurement does not exceed twelve (12) months and it is posted on the division online bidding/vendor registration system website.
(C) Under extraordinary circumstances, the director or designee, may authorize the opening of a late bid. In such cases, the bid must have been turned over to the physical control of an independent postal or courier service with promised delivery time prior to the time set for the opening of bids. All such decisions are at the sole discretion of the director or designee. The following guidelines may be utilized to determine the criteria for an extraordinary circumstance:
inclement weather conditions;
delayed due to labor strikes or unforeseen “Acts of God”; or
delivery time promised to the bidder/offeror. In such a case, the bidder/offeror must provide written proof from the delivery service that promised delivery time was prior to the time set for the opening of bids.
(3) When the procurement requires the utilization of competitive negotiation, the formal Request for Proposal (RFP) solicitation method should be utilized.
(C) Under extraordinary circumstances, the director or designee may authorize the opening of a late proposal. In such cases, the proposal must have been turned over to the physical control of an independent postal or courier service with promised delivery time prior to the time set for the opening of proposal. All such decisions are at the sole discretion of the director or designee. The following guidelines may be utilized to determine the criteria for an extraordinary circumstance:
inclement weather conditions;
delayed due to labor strikes or unforeseen “Acts of God”; or
delivery time promised to the offeror. In such a case, the offeror must provide written proof from the delivery service that promised delivery time was prior to the time set for the opening of proposals.
(4) When the supplies meet the criteria delineated in section 34.044, RSMo, the division may elect to utilize the Single Feasible Source procurement method. The following delineates additional guidelines and examples to determine satisfaction of the criteria:
(A) The following guidelines may be utilized to determine if supplies may be purchased as a single feasible source due to being proprietary, although the following list is not intended to be exhaustive:
validity of a warranty;
patible with original equipment;
ware exists for a specific application;
be utilized in order to maintain validity of a warranty;
only available from the publisher or a single distributor; and
are unique (e.g., entertainers, authors, etc.);
(C) The following guidelines will be utilized to determine if supplies may be purchased as a single feasible source due to being available at a discount for a limited period of time:
pared to a price established through a reasonable market analysis (i.e., competitive solicitation for the same item under similar circumstances); and
ly be at least ten percent (10%) less than the current contract or other comparable price. A discount of less than ten percent (10%) may be acceptable under appropriate market conditions. The discount should be compared to a price which, where feasible, should be no more than twelve (12) months old; and
(6) When circumstances dictate that it would be most advantageous, the state may purchase supplies from, or in cooperation with, another governmental entity pursuant to section 34.046, RSMo.
(7) Regardless of the solicitation method utilized, the following procedures shall apply:
(C) The division may require bid/proposal security and/or performance security.
the bid/proposal security shall be stipulated in the solicitation document.
cessful bidders/offerors may be returned after the finalization of the award. If the successful bidder/offeror fails to accept the contract, the amount of the bid/proposal security may be forfeited to the state.
the bid/proposal security of the successful bidder/offeror may be returned after the receipt of the performance security. The acceptable form and amount of the performance security will be stipulated in the solicitation document. If the contractor fails to submit the performance security as required, the bid/proposal security may be forfeited to the state and the contract shall be void;
(9) A bid or proposal award protest must be submitted in writing to the director or designee and must be received by the division within ten (10) business days after the date of award. If the tenth day falls on a Saturday, Sunday, or state holiday, the period shall extend to the next state business day. A protest submitted after the ten (10) business-day period shall not be considered. The written protest should include the following information:
(10) Section 34.165, RSMo, provides for a ten- (10-) point bonus on bids/proposals submitted by qualified nonprofit organizations for the blind and qualified sheltered workshops, if the participating organization provides the greater of two percent (2%) or five thousand dollars ($5,000) of the total contract value of bids/proposals for a purchase not exceeding ten (10) million dollars.
(B) Supplies provided by an organization for the blind or sheltered workshop must provide a commercially useful function that offers added value to a contract. Supplies shall be provided exclusive to the performance of a contract, and the organization’s obligation outside of a state contract shall not be considered an added value. Services or supplies to be provided by an organization that are outside the usual and customary business of the organization may be considered not to offer added value.
cially useful function when it is responsible for executing a distinct element of the work of the contract and is carrying out its responsibilities by actually performing, managing, or supervising the work involved. To perform a commercially useful function, the organization must also be responsible, when applicable, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.
is performing a commercially useful function, the division may evaluate the amount of work subcontracted, whether the amount the organization is to be paid under the contract is commensurate with the work it is actually performing and the organization’s credit claimed for its performance of the work, and other relevant factors.
commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of an organization’s participation. In determining whether an organization is such an extra participant, the division may examine similar transactions, particularly those in which organizations do not participate.
(G) For procurements which utilize the award criteria of low bid meeting specifications, the following procedure will be followed in applying this preference:
the preference, no further calculation is necessary;
erence is not low bid, the division will convert the pricing to a point comparison as outlined in the solicitation;
bination of cost and subjective criteria for evaluation and award recommendation, ten (10) bonus points will be added to the evaluation points for any preference qualified bidders/offerors; and
points is recommended for contract award.
(H) Once a contract is awarded, a contractor shall submit on or before the fifteenth of the month immediately following the reporting period, unless another timeframe is approved by the division, until full payment is made a report detailing all payments it made to all organizations for the blind and sheltered workshops participating in the contract. This is not required if the organization for the blind or sheltered workshop is acting as a prime contractor. However, it may be required if the prime contractor is also using other subcontractors to meet required goals outlined in the contract. The report shall be submitted to the division on a division form. The division may waive this reporting requirement at any time for good cause.
under a contract by an organization for the blind and sheltered workshop after it has ceased to be certified can be counted.
shop on a contract cannot be counted until the amount being counted has actually been paid to the organization for the blind and sheltered workshop.
(I) An organization for the blind and sheltered workshop participation will be credited by the division only for the value of the work actually performed by the entity toward the division individual contract percentage or dollar level, including cost of supplies and materials obtained or leased by the entity. The total dollar value of the work granted to the entity by the prime contractor is counted toward the applicable contract requirement. When counting an entity for the organization for the blind and sheltered workshop participation, the division will consider the following:
be paid to an organization for the blind and sheltered workshop supplier or manufacturer for material furnished which becomes a permanent part of the contract work. For the purpose of this regulation, a manufacturer shall be defined as an individual or firm that produces goods from raw materials or substantially alters them before resale and is a qualified organization for the blind and sheltered workshop;
for the blind and sheltered workshop contractor commits to perform with its own labor as well as the work that it commits to perform with organization for the blind and sheltered workshop subcontractors and suppliers;
and sheltered workshop performs as a participant in a joint venture, only the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the organization for the blind and sheltered workshop performs with its own forces shall count toward individual contract percentages or dollar levels; and
contract, is presumed not to be performing a commercially useful function as provided in subsection (10)(B) of this rule, the organization may present evidence to rebut this presumption. The director may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.
(11) The division will encourage participation in the procurement process and fairness in consideration of bids/proposals submitted by Missouri Service-Disabled Veteran Business Enterprises (SDVEs). Programs/procedures designed to accomplish these objectives may include: inclusion of SDVE subcontractor goals in solicitation documents; close review of requirements for bonding; notice of procurement opportunities on the division’s website; access to bid history and pricing abstracts on the division’s website; access to the division’s procurement staff; utilization of service-disabled personnel on evaluation committees, if available; etc.
(B) The following expenditures may be counted toward meeting established SDVE goals:
awarded to an SDVE;
tractor to an SDVE for supplies and materials provided to the state in fulfillment of the contract;
contracted to an SDVE by a prime contractor; and
subcontracted to a joint venture by a prime contractor equal to the percentage of the ownership and control of the SDVE partner in the joint venture.
(D) The following standards shall be used by the division in determining whether an individual, business, or organization is eligible to be listed as a Service-Disabled Veteran Business Enterprise (SDVE):
corporation, or individual or maintaining a Missouri office or place of business, not including an office of a registered agent;
(51%) of the business owned by one (1) or more service-disabled veterans (SDVs) or, in the case of any publicly-owned business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more SDVs;
business operations controlled by one (1) or more SDVs;
cate of Release or Discharge from Active Duty (DD Form 214), and a disability rating letter issued by the Department of Veterans Affairs establishing a service connected disability rating, or a Department of Defense determination of service connected disability, unless the SDVE is listed with the division on 1 CSR 40-1
its website as previously certified in which case said documentation is not required;
to make day-to-day as well as major decisions on matters of management, policy, and operation;
be effective for a period not to exceed three (3) years, unless otherwise found inapplicable; and
SDVE at any time no longer meets the requirements stated above, it shall be removed from the listing.
(G) An SDVE must provide a commercially useful function that offers added value to a contract.
useful function when it is responsible for executing a distinct element of the work of the contract and is carrying out its responsibilities by actually performing, managing, or supervising the work involved. To perform a commercially useful function, the SDVE must also be responsible, when applicable, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Supplies shall be provided exclusive to the performance of a contract, and an SDVE’s obligation outside of a state contract shall not be considered an added value. Services or supplies to be provided by an SDVE that are outside the usual and customary business of the SDVE may be considered not to offer added value.
forming a commercially useful function, the division may evaluate the amount of work subcontracted, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the firm’s credit claimed for its performance of the work, and other relevant factors.
cially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SDVE participation. In determining whether a firm is such an extra participant, the division may examine similar transactions, particularly those in which SDVEs do not participate.
cise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the SDVE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the director will presume that it is not performing a commercially useful function.
performing a commercially useful function as provided in subsection (11)(G) of this rule, the SDVE may present evidence to rebut this presumption. The director may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.
(H) If a bidder/offeror is proposing SDVE vendor participation, it must provide to the division all documents required by the solicitation including:
the solicitation document including a list of each proposed SDVE vendor, the committed percentage of participation for each SDVE with the corresponding dollar amount of the participation of each SDVE, and the commercially useful supplies to be provided by each listed SDVE. If the bidder/offeror is a listed SDVE vendor, then the bidder/offeror must also list itself;
a SDVE unless the SDVE is listed with the division on its website as previously certified in which case said documentation is not required; and
the solicitation from each listed SDVE that it is willing to participate in the contract in the kind and amount of work provided in the bidder/offeror’s response.
(K) Once a contract is awarded, a contractor shall submit on or before the fifteenth of the month immediately following the reporting period, unless another timeframe is approved by the division, until full payment is made a report detailing all payments it made immediately following the reporting period to all SDVEs participating in the contract. The report shall be submitted to the division on a division form.
under a contract with a firm after it has ceased to be certified can be counted toward the SDVE overall goal.
contractor toward a contractor’s final compliance with its SDVE obligations on a contract cannot be counted until the amount being counted has actually been paid to the SDVE.
(L) SDVE participation will be credited by the division only for the value of the work actually performed by the SDVE toward the individual contract percentage, including cost of supplies and materials obtained or leased by the SDVE. The total dollar value of the work awarded to the SDVE by the prime contractor is counted toward the contract goal. When counting SDVE participation, the division may consider the following:
be paid to an SDVE supplier or manufacturer for material or services furnished which becomes a permanent part of the contract work. For the purpose of this regulation, a manufacturer shall be defined as an individual or firm that produces goods from raw materials or substantially alters them before resale;
tractor commits to perform with its own labor as well as the work that it commits to perform with SDVE subcontractors and suppliers; and
ipant in a joint venture, only the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the SDVE performs with its own forces shall count toward SDVE individual contract percentages.
(18) Awards shall be made to the bidder/offeror whose bid/proposal complies with—
(19) With regard to competitive negotiation procurements, the basic steps of the evaluation should generally include the following:
(1) round of negotiations via the BAFO process; and
(20) The division will encourage participation in the procurement process and fairness in consideration of bids/proposals submitted by Minority Business Enterprises (MBEs) and Women’s Business Enterprises (WBEs). Programs/procedures designed to accomplish these objectives may include: inclusion of M/WBE requirements in solicitation documents, close review of requirements for bonding, experience and insurance requirements, contract unbundling, targeted notice of procurement opportunities, utilization of minority and women personnel on evaluation committees, if available, etc.
These goals are a benchmark by which M/WBE opportunities to participate in state procurement are monitored and evaluated. These ten percent (10%) goals do not authorize or require the division to set M/WBE individual contract percentages at the ten percent (10%) level, or any other particular level, or to take any special administrative steps if the percentages are above or below ten percent (10%).
tract percentages to help meet the State’s Annual Aspirational Program Goals. The division may establish individual contract percentages, with support from the Office of Equal Opportunity (OEO). The division may set each contract percentage by reviewing the type of goods or services being procured, elements of work to be performed, time frame, and geographical location, history of M/WBE and non-M/WBE usage, and availability of ready, willing, and able M/WBEs certified by OEO. The percentages will be expressed in the bid document as a percentage of the total contract value. Individual contract percentages may be set higher than the State’s Annual Aspirational Program Goals where availability of M/WBEs has been demonstrated to be higher. Likewise, individual contract percentages may be set lower in areas where availability of M/WBEs has been demonstrated to be lower.
responsive, make sufficient good faith efforts to meet M/WBE contract percentages. The bidder/offeror can meet the individual contract percentages in either one (1) of two (2) ways. First, the bidder/offeror can meet the percentages through documenting commitments for participation by M/WBEs sufficient to meet the M/WBE contract percentages. Second, the bidder/offeror can document adequate good faith efforts pursuant to subsection (20)(I) by demonstrating the bidder/offeror took all necessary and reasonable steps to achieve the M/WBE contract percentages, but was unable to achieve it.
(C) Supplies provided by M/WBE vendors must provide a commercially useful function that provides added value to a contract. Supplies shall be provided exclusive to the performance of a contract, and an M/WBE vendor’s obligation outside of a state contract shall not be considered an added value to the contract.
useful function when it is responsible for executing a distinct element of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the M/WBE must also be responsible, when applicable, with respect to supplies used on the contract, for negotiating price, determining quality and quantity, ordering the supplies, and installing (where applicable) and paying for the supplies.
performing a commercially useful function, the division may evaluate the amount of work subcontracted, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the firm’s credit claimed for its performance of the work, and other relevant factors.
cially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of M/WBE participation. In determining whether a firm is such an extra participant, the division may examine similar transactions, particularly those in which M/WBEs do not participate.
exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the M/WBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the director will presume that it is not performing a commercially useful function.
be performing a commercially useful function as provided in paragraph (20)(C)4. of this rule, the M/WBE may present evidence to rebut this presumption. The director may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices.
(D) M/WBE Participation Computed. M/WBE participation will be credited by the division only for the value of the work actually performed by the M/WBE toward the division individual contract percentage, including cost of supplies and materials obtained or leased by the M/WBE. The total dollar value of the work granted to the M/WBE by the prime contractor is counted toward the applicable goal of the entire contract. When counting M/WBE participation, the division may consider the following:
be paid to an M/WBE supplier or manufacturer for supplies furnished which becomes a permanent part of the contract work. For the purpose of this regulation, a manufacturer shall be defined as an individual or firm that produces goods from raw materials or substantially alters them before resale and is an OEO certified M/WBE;
contractor commits to perform with its own labor as well as the work that it commits to perform with M/WBE subcontractors and suppliers; and
ticipant in a joint venture, only the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the M/WBE performs with its own forces shall count toward M/WBE individual contract percentages.
(E) If a bidder/offeror is proposing M/WBE vendor participation it must provide to the division all documents required by the solicitation, which may include:
name, address, and telephone number of each and the M/WBE commitment percentage with the corresponding dollar amount of the participation of each M/WBE;
participation and a description of what services or supplies the vendor will supply;
or copy of certification issued by OEO; and
the solicitation from each listed M/WBE that it is willing to participate in the contract in the kind and amount of work provided in the bidder/offeror’s response.
(I) Good Faith Waiver. A bidder/offeror is required to make a good faith effort to locate and contract with M/WBEs. If a bidder/offeror has made a good faith effort to secure the required M/WBE participation and has failed, the bidder/offeror may submit with its bid proposal the information requested on forms provided with the bid documents. The division will review the bidder/offeror’s actions as set forth in the bidder/offeror’s submittal documents and other factors deemed relevant by the division, to determine if a good faith effort has been made to meet the applicable contract percentages. If the bidder/offeror is judged not to have made a good faith effort, the bid shall be rejected.
that they have made a good faith effort to include M/WBE participation will not have their bids/proposals rejected regardless of the percent of M/WBE participation, provided the bids/proposals are otherwise acceptable.
faith, the director may evaluate, but is not limited to, the following factors:
a working relationship with M/WBEs, including attending pre-bid conferences and matchmaking meetings and events;
methods to provide M/WBEs with full sets of plans, specifications, or appropriate information in a timely manner to assist the M/WBE in responding to the bidder’s/offeror’s solicitation. This could include conducting market research to identify M/WBEs, and providing emails or written notices to relevant OEO- certified M/WBEs listed in OEO’s directory, and which are located in the applicable area or surrounding areas as early in the acquisition process as practicable;
make initial contact with at least three (3) relevant OEO-certified M/WBEs, its follow-up with the contacted M/WBEs, and whether the bidder/offeror received a proposal from a certified M/WBE for the relevant categories of work;
assist interested M/WBEs in obtaining bonding, lines of credit, or insurance as required by the division, or the efforts made to assist in obtaining necessary equipment, supplies, materials, or related assistance or services;
bidder/offeror divides work into projects suitable for subcontracting to M/WBEs, including, where appropriate, breaking out contract work items into economically feasible units, for example, smaller tasks or quantities to facilitate M/WBE participation, even when the bidder/offeror might otherwise prefer to perform the work with its own forces. Prime contractors are not, however, required to accept higher quotes from M/WBEs if the price difference is excessive or unreasonable, but the fact that there may be some additional costs involved in finding and using M/WBEs is not in itself sufficient reason for a bidder’s/offeror’s failure to meet the individual contract M/WBE percentages, as long as such costs are reasonable;
provide sufficient evidence in the form of documentation that supports the information provided;
M/WBEs achieved by the bidder/offeror with contracts established by the division;
der/offeror for the inability to reach the individual contract percentages, and the ability of other bidders/offerors to meet the percentages, if applicable;
the rejection of an M/WBE because its quotation for the work was not the lowest received. However, as noted above, a bidder/offeror is not required to accept an excessive or unreasonable quote in order to satisfy contract percentages; and
is selected over an M/WBE subcontractor, the division may require the bidder/offeror to submit copies of each M/WBE and non-M/WBE subcontractor quote to review whether the M/WBE prices were substantially higher; and the division may contact the M/WBE subcontractor to inquire as to whether the firm was contacted by the prime bidder/offeror. Pro forma mailings to M/WBEs requesting bids are not alone sufficient to satisfy good faith efforts.
(J) Once a contract is awarded, a contractor shall submit on or before each fifteenth of the month, unless another timeframe is approved by the division, until full payment is made, a report detailing all payments it made immediately following the reporting period to all M/WBEs participating in the contract. The report shall be submitted to the division on a division form. The division may waive this reporting requirement at any time for good cause. The amounts submitted may be verified by the division, OEO, or the Contract Oversight Office.
under a contract with a firm after it has ceased to be certified can be counted toward the M/WBE overall goal.
contractor toward a contractor’s final compliance with its M/WBE obligations on a contract cannot be counted until the amount being counted has actually been paid to the M/WBE.
(K) The director shall maintain records identifying and assessing the contractor’s progress in achieving and maintaining M/WBE contract percentages. These records should show—
made by the contractor to M/WBE vendors/suppliers/manufacturers; and
on its progress in meeting M/WBE percentages, unless a different interval for reporting has been approved.
(L) Termination or Substitution of an M/WBE. If an M/WBE is unable to satisfactorily perform its participation level, or if there are other reasons the contractor needs to replace an M/WBE, the contractor for good cause can obtain written approval from the division prior to replacing the entity.
division its request to terminate and/or substitute an M/WBE, the contractor must give notice in writing to the M/WBE subcontractor, with a copy to OEO and the division, of its intent to request to terminate and/or substitute, and the reason for the request. The contractor must give the M/WBE five (5) business days to respond to the contractor’s notice and advise the OEO and the division and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why OEO and the division should not approve the contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), the contractor may reduce or waive the response period as approved by the division.
cause for approval of a request for termination or substitution for an M/WBE includes, but is not limited to, the following:
fails or refuses to execute a written contract;
to perform the work of its subcontract in a way consistent with normal industry standards, provided, however, that good cause does not exist if the failure or refusal by the M/WBE subcontractor to perform its work on the subcontract resulted from the bad faith or discriminatory action of the prime contractor;
fails or refuses to meet the prime contractor’s reasonable, nondiscriminatory bond requirements; 1 CSR 40-1
becomes bankrupt, insolvent, or exhibits credit unworthiness;
is ineligible to work on projects because of suspension or debarment proceedings;
not a responsible contractor as determined by the division;
voluntarily withdraws from the project and provides the prime contractor written notice of its withdrawal, or the withdrawal is otherwise confirmed by the division;
is ineligible to receive M/WBE credit for the type of work required;
owner dies or becomes disabled with the result that a listed M/WBE prime contractor is unable to complete its work on the contract; and
the division determines compels the termination of an M/WBE subcontractor. But good cause does not exist if the prime contractor seeks to terminate an M/WBE it relied upon to obtain the contract so that the prime contractor can self-perform the work for which the M/WBE subcontractor was engaged or so that the prime contractor can substitute another M/WBE or non-M/WBE after contract award without good cause.
good faith efforts to meet the contractual commitment to the contract goal. These good faith efforts shall be directed at finding another M/WBE to perform at least the same amount of work under the contract as the M/WBE that was terminated, to the extent needed to meet the contract goal. OEO and the division’s approval shall not be arbitrarily withheld. If the contractor cannot obtain a replacement, it may apply to the division for a participation waiver by providing documentation detailing all good faith efforts made to secure a replacement and a good cause statement establishing why the participation level cannot be obtained. If the contractor has met its burden of proof, the division, after consulting with OEO, may grant an M/WBE waiver for good cause.
mented by the contractor. If the division requests documentation under this subsection, the contractor shall submit the documentation within seven (7) business days, which may be extended for an additional seven (7) business days, if necessary, at the request of the contractor.
determination to the contractor stating whether or not good faith efforts have been demonstrated.
(M) If the contractor’s participation level or payment to a participating M/WBE entity is less than the amount committed, and no M/WBE waiver for good cause has been obtained, the division may cancel the contract and/or suspend or debar the contractor from participating in future state procurements for a period of six (6) months or longer, up to permanent debarment, or withhold payment to the contractor in an equal amount to the value of the participating commitment less actual payments made by the contractor to the participating entity. If the division determines that a contractor has become compliant with the commitment amount, any withheld funds shall be released. Any suspension or debarment based on such noncompliance may be rescinded by the division at its discretion.
or debarment to the commissioner by filing a written appeal no later than twenty (20) calendar days from the date on the notice of suspension or debarment issued by the division. The suspension or debarment remains in effect pending the results of the appeal.
AUTHORITY: section 34.050, RSMo 2000, and section 34.074, RSMo Supp. 2013.* Original rule filed Oct. 15, 1992, effective June 7, 1993. Rescinded and readopted: Filed Oct. 20, 1997, effective May 30, 1998. Amended: Filed March 24, 2000, effective Oct. 30, 2000. Amended: Filed June 1, 2011, effective Nov. 30, 2011. Amended: Filed April 5, 2016, effective Nov. 30, 2016.
*Original authority: 34.050, RSMo 1939, amended 1945, 1993, 1995 and 34.074, RSMo 2008, amended 2010.