PURPOSE: This rule contains the definitions of terms used in this chapter.

1. (1) Affiliate. A person, firm or corporation is an affiliate of another person, firm or corporation if, directly or indirectly, either one controls or has the power to control the other, or third persons or a firm controls or has the power to control both. Examples of control include, but are not limited to: interlocking management or ownership, identity or interests among family members, shared facilities or equipment, or common use of employees.
2. (2) Bidder. Any individual, partnership, corporation or any person or firm participating as part of a joint venture in submitting a proposal to the commission to perform the work contemplated.
3. (3) Chief engineer. The chief engineer of the Missouri Department of Transportation.
4. (4) Commission. The Missouri Highways and Transportation Commission.
5. (5) Contractor. The individual proprietorship, partnership, limited partnership, corporation, limited liability company, limited liability partnership, limited liability corporation or firm of whatever organizational form participating in a joint venture, undertaking performance of the work under the terms of a contract with the commission and acting directly or through his/her/its agents, employees or subcontractors.
6. (6) Contractor performance review committee consists of the following: director of operations, chairperson; director of project development; division engineer, design; division engineer, construction; division engineer, bridge or authorized representative.
7. (7) Contractor 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.
8. (8) Department. The Missouri Department of Transportation. (MoDOT)
9. (9) District. One (1) of ten (10) geographic regions of Missouri established for administrative purposes within the department.
10. (10) District engineer. The engineer in charge of a district.
11. (11) Division, or Division of Construction. The Division of Construction within the department.
12. (12) Division engineer. Unless this term is used with reference to another division of the department, it means the division engineer of construction.
13. (13) Mean. The sum of all of the individual contractor’s ratings divided by the total number of ratings.
14. (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.
15. (15) Notice of rating. Notice of the rating by the resident engineer in a contractor performance questionnaire or of the annual rating shall be sent by mailing a copy of the contractor performance questionnaire or of a writing containing the annual rating to the contractor at the contractor’s address contained in its most recent contractor questionnaire required by the Missouri Standard Specifications for Highway Construction. The department will keep a written record of the persons to whom such notices of ratings were sent and of the address and date they were sent for a period of at least ten (10) years in the case of the contractor performance questionnaire and at least ten (10) years in the case of the notice of the annual rating, which record shall prove the mailing of the notice of rating. Further, it shall be presumed that a notice of rating sent by mail was received by the contractor on the second day, which is not a Sunday or holiday, after the day the written record states it was sent excepting only if a different date is shown by a delivery receipt of the United States Postal Service.
16. (16) Principal. A person is a principal of a firm if s/he is an officer, director, owner, partner or other person with that firm who has primary management, supervisory or bidding duties or authority.
17. (17) 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 7 CSR 10-10

commission project awarded by contract to a contractor for construction. Whenever appropriate, it also refers to his/her designated representative.

1. (18) Responsible bidder or responsible contractor. A contractor, or any contractor or firm which participates collectively in a joint venture, which is capable financially, skilled and has sufficient integrity, experience and resources of all kinds, to promptly complete a project awarded, to provide a satisfactory quality of work, in compliance with the contract, in cooperation with the department and others, and in a safe manner.
2. (19) Sample. A statistical subset of the total number of contractors doing work for MoDOT during the rated year.
3. (20) Specialty contractors. Those contractors who have performed eighty-five percent (85%) or more of their work in one specification area as set forth in Divisions 200–900 in the Missouri Standard Specifications for Highway Construction.
4. (21) Standard deviation. The square root of the average difference between the individual ratings and their mean.
5. (22) Subcontractor. Any individual, partnership, corporation or a person or firm participating as part of a joint venture, to whom the contractor sublets any part of the work under a commission contract.
6. (23) Successor. A person, firm or corporation is a successor to another if it is a business entity organized following the disqualification of the other, and it has the same or similar management, ownership or principal employees as the disqualified person, firm or corporation.
7. (24) Weighted average. The weighted average is the sum of a sample lot’s adjusted individual ratings. The adjustment factor is ($ volume of sample)/($ volume of sample lot total).

AUTHORITY: sections 226.020, 227.030 and 227.100, RSMo 1994 and 226.130, RSMo Supp. 1998.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency amendment filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Amended: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Nov. 9, 1999, effective Nov. 19, 1999, expired May 16, 2000. Amended: Filed Nov. 9, 1999, effective May 30, 2000. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.100, RSMo 1939, amended 1963, 1967, 1969.