PURPOSE: This rule describes the effect and consequences that a commission determination of nonresponsibility has upon the person or contractor which has been disqualified under the provisions of this chapter.

1. (1) Unacceptable Category or Overall Rating. A contractor who receives an initial unacceptable rating shall be placed on probation. Any contractor who is on probation and receives a second unacceptable rating shall be declared nonresponsible and shall be disqualified from bidding and, may be declared disqualified from performing work as a subcontractor or vendor, for a period of one (1) year. At the conclusion of this disqualification period, the contractor shall be reinstated on a probationary basis and be allowed to bid on commission projects. Any contractor who is currently disqualified for unacceptable performance and receives a subsequent unacceptable rating shall be declared nonresponsible and disqualified from bidding on commission projects and, may be declared disqualified from performing work as a subcontractor or vendor, for a period of three (3) years. After the three (3) year disqualification period has ended, the contractor may be reinstated on a probationary basis. Any deficiency status shall remain in effect until the contractor obtains an annual average category rating in all categories.
2. (2) Affiliates of the Contractor. Any probation or disqualification of the contractor shall be equally applicable to all affiliates of the contractor.

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 Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998.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 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; 227.100, RSMo 1939, amended 1963, 1967, 1969, 2002.