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

1. (1) Active project. Any contract of which final acceptance has not been made.
2. (2) Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other; or a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or disqualification of a person which has the same or similar management, ownership or principal employees as the suspended, debarred, or disqualified person.
3. (3) Bidder. Any individual, partnership, corporation or joint venture submitting a bid to supply goods or to perform the work contemplated.
4. (4) Chief engineer. The chief engineer of the Missouri Department of Transportation.
5. (5) Commission. The Missouri Highways and Transportation Commission.
6. (6) Construction and materials. The functional unit within the department which is responsible for administering all construction contracts awarded by the commission.
7. (7) Contractor. Any individual or any legal entity including its officers and directors, that submits bids or proposals for or is awarded or may reasonably be expected to submit bids or proposals for or be awarded a commission contract. This definition includes any subcontractor that conducts business with the commission or department as an agent or representative of a contractor and any individual or legal entity that conducts business with the department as an agent or representative of a contractor.
8. (8) Contractor performance review committee consists of the following: director of operations, chairperson; director of project development; state design engineer; state construction and materials engineer; state bridge engineer; or an authorized representative acting on behalf of any one of them.
9. (9) 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.
10. (10) Department. The Missouri Department of Transportation (MoDOT).
11. (11) District. One (1) of ten (10) geographic regions of Missouri established for administrative purposes within the department.
12. (12) District engineer. The engineer in charge of a district.
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) Person. Any individual, corporation, partnership, association, unit of government or legal entity, however organized. 7 CSR 10-10
17. (17) Principal. Officer, director, owner, partner, key employee, or other person within an organization with primary management or supervisory responsibilities; or a person who has critical influence on or substantive control over a transaction, whether or not employed by the participant.
18. (18) 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 commission project awarded by contract to a contractor for construction. Whenever appropriate, it also refers to his/her designated representative.
19. (19) Responsible bidder or responsible contractor. A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
20. (20) Sample. A statistical subset of the total number of contractors doing work for MoDOT during the rated year.
21. (21) 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.
22. (22) Standard deviation. The square root of the average of the squared difference between the individual ratings and their mean.
23. (23) State construction and materials engineer. The registered professional engineer in charge of construction and materials administration within the department.
24. (24) 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.
25. (25) 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.
26. (26) 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, 226.130 and 227.030, RSMo 2000 and 227.100, RSMo Supp. 2002.* 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. 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.

*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, 2002.