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 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 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.
2. (2) 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, 226.130, 227.030 and 227.100, RSMo 2000.* 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 Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998.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. *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.