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) Overall Unacceptable Rating. Upon a contractor’s first occurrence of an unacceptable “overall” rating, the contractor shall be placed on probation by the commission. If a contractor is currently on probation and receives a second “overall” unacceptable rating, the contractor shall be declared nonresponsible and shall be suspended by the commission for a period of one (1) year. During this suspension period, no bids shall be accepted from the contractor. At the conclusion of the suspension period, the contractor shall be reinstated on a probationary status and will be allowed to bid on commission projects. Any contractor who has been previously suspended for unacceptable performance, has a current deficiency status, and receives a subsequent unacceptable overall rating shall be declared nonresponsible and shall be barred from bidding on any commission projects for a period of three (3) years. After this three (3)-year debarment has expired, the contractor may be reinstated on a probationary basis. Any deficiency status shall remain in effect until the contractor obtains an overall rating above the mean.
2. (2) Category Unacceptable Rating. A contractor who receives an initial unacceptable “category” rating shall be placed on probation. Any contractor who is on probation and receives a second unacceptable category rating shall be declared nonresponsible and shall be suspended for a period of one (1) year. During this suspension period, no bids shall be accepted from the contractor. At the conclusion of this suspension period, the contractor shall be reinstated on a probationary basis and be allowed to bid on commission projects. Any contractor who has previously been suspended for unacceptable performance, has a current deficiency status, and receives a subsequent unacceptable category rating shall be declared nonresponsible and shall be barred from bidding on commission projects for a period of three (3) years. After the three (3)-year debarment 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.
3. (3) Affiliates of the Contractor. Any probation, suspension or debarment of the contractor shall be equally applicable to all affiliates of the contractor.

AUTHORITY: sections 226.020, 227.030 and 227.100, RSMo 1994 and 226.130, RSMo Supp. 1997.* 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. *Original authority: 226.020, RSMo 1939, 227.030, RSMo 1939, 227.100, RSMo 1939, amended 1963, 1967, 1969; and 226.130, RSMo 1939, amended 1993, 1995.