PURPOSE: This rule describes the procedures used in annual rating of contractors.

1. (1) Annual Rating of Contractors. The Construction unit shall be responsible for the determination of the annual ratings of contractors. The Construction unit will annually determine a contractor’s overall and category performance rating for all contracts on which work was performed during the period, January 1 through December 31. The ratings for the categories Quality, and Contract Compliance will be based on a weighted average of the dollar value of all work completed during the rated year on all contracts. The category, Prosecution and Progress, shall use contract dollar totals for determining the contractor’s performance rating.

2. (2) Contractor Rating Groups. For purposes of evaluating contractor performance, contractors shall be divided into two (2) sample groups based upon whether the contractor is a specialty contractor and on the dollar value of the work completed during the rated year.

   1. (A) Contractor Groups. Group one contractors shall be the ten (10) contractors who have the largest dollar value of work completed during the rated year. Contractors not included in group one or the specialty contractor group shall be divided in half as group two, medium volume, contractors and group three, light volume, contractors.

      1. 1. Sample lot one. Sample lot one shall

include all contractors belonging in group one contractors and group two, medium volume contractors.

1. 2. Sample lot two. Sample lot two shall

include all contractors belonging in group three, light volume contractors and specialty contractors.

1. (B) Commission Determination of Contractor Groups and Sample Lots. The commission shall determine all contractor groups and sample lots for the purposes of grouping contractors.

1. (3) Upon the Construction unit’s annual rating of all contractors, the ratings shall be reviewed by the state construction engineer. Upon the Construction unit’s approval, all contractors shall be notified in writing of their annual ratings. The Construction unit will act on each contractor or not, based on the overall and category rating the contractor receives. These actions may range from recognizing very outstanding performance, to recommending that a contractor be declared nonresponsible.

2. (4) Review Process. If the contractor disagrees with any particular response on the questionnaire and cannot resolve the dispute with the resident engineer, s/he may request in writing that the district engineer review the matter. Such request must be made to the district engineer within twenty-eight (28) days from the date of the mailing of the questionnaire form to the contractor. However, the contractor’s representative shall first have discussed the questionnaire response with the resident engineer in order to resolve the dispute. Upon receiving the contractor’s written request to review the particular area of discrepancy on the questionnaire, the district engineer shall review the matter and provide the contractor with a written response regarding the particular area of dispute between the contractor and the resident engineer. All reports shall be submitted to the Construction unit before, but no later than, February 15.

   1. (A) “Unacceptable” Rating. No request for review to the committee or to the department regarding the contractors’ performance ratings is permitted or is provided under this chapter, with the exception of contractors who receive an unacceptable performance rating.

      1. 1. The contractor must have received

either an unacceptable category or overall performance rating and timely discussed the dispute with the resident engineer and made a timely written request for review by the district engineer of the particular rating on the questionnaire that the contractor disagrees with as provided in this chapter.

1. 2. The contractor shall have ten (10)

working days to request an informal hearing to review an unacceptable performance rating.

1. 3. The contractor shall submit its

request for an informal hearing to the following address: Missouri Department of Transportation, Construction, P.O. Box 270, Jefferson City, MO 65102.

1. (B) Procedure. If the contractor timely requests an informal hearing, the review committee shall advise the contractor of the time, date and place. This is not a contested case under Chapter 536, RSMo. The rules of evidence shall not apply at the hearing.
2. (C) Review by the Contractor Performance Review Committee. The contractor performance review committee will review the contractor’s request and make a recommendation to the chief engineer. The chief engineer’s decision regarding the contractor’s rating, review of which is held as provided by this section, shall be final and no further commission action is necessary.

1. (5) No Further Commission Action. As to contractor performance ratings of which no review is requested or permitted under this rule, upon the determination by the Construction unit regarding the annual ratings of all contractors and the approval of the chief engineer of the annual ratings, the ratings of the contractors shall become final for purposes of this chapter and the effect of a level of performance. No commission action is necessary regarding the annual ratings of the contractors.

AUTHORITY: sections 226.020, 226.130 227.030 and 227.100, RSMo 2000.* Original rule filed Dec. 31, 1990, effective July 8, Transportation Commission 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 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. *Original authority: 226.020, RSMo 1939; 227.030, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.100, RSMo 1939, amended 1963, 1967, 1969.