PURPOSE: This rule describes the procedures and schedule which apply to the completion of the Contractor Performance Questionnaire.

1. (1) The Contractor Performance Questionnaire shall be completed by the resident engineer assigned to the contract project(s). If the resident engineer is unable to complete the form, the district engineer responsible for those projects shall designate another person familiar with those projects to complete the Contractor Performance Questionnaire.
2. (2) The Contractor Performance Questionnaire shall be completed in accordance with this chapter and with written instructions given the resident engineer by the Construction and Materials unit. A copy of the current instructions may be obtained from the state construction and materials engineer.

3. (3) Each Contractor Performance Report shall be completed as an Interim Report, Annual Report, or Final Report. The report shall note which type of report it is. The following criteria govern each type of report and when it is completed:

   1. (A) Interim Report. This midseason report is completed on all contractors currently on probation or which have been disqualified when approximately fifty percent (50%) of the work on the project for the year is completed or by September 1, whichever comes first. An Interim Report may also be completed at any time, at the discretion of the engineer, for any contractor when there is a serious concern regarding contractor performance on the project. This report is for informational purposes only.
   2. (B) Annual Report. This report is completed on all active projects. Each Annual Report shall be completed on all projects that were active during the rated year and shall be completed no later than January 15.
   3. (C) Final Report. This report is completed on all projects having received final acceptance during the rated year. The Final Contractor Performance Reports will be completed within thirty (30) days after final project acceptance, but shall be completed no later than January 15, whichever comes first. Prior reports on the same contract shall not bind or govern the completion of a final report.
4. (4) The resident engineer shall sign and date the Contractor Performance Questionnaire when he/she completes his/her rating. The contractor’s representative, at his/her election, may meet privately with the resident engineer to review the questionnaire. If the contractor’s representative does review the questionnaire, he/she shall sign and date it as an acknowledgment that he/she has reviewed it. A copy of the questionnaire shall be furnished to the contractor by the resident engineer. If the contractor’s representative does not return a signed questionnaire to the resident engineer within two (2) weeks after it has been mailed to him/her, the questionnaire shall be final, with no further comment to be considered by the contractor’s representative.

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 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 7 CSR 10-10 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.