PURPOSE: This rule defines terms used in this chapter.

1. (1) Award—An action taken by the director or his/her designee on behalf of the commission on successful bids/proposals.
2. (2) Bid/Proposal—An offer to perform a contract for work and labor or to supply materials, goods, or services at a specified price; also may include detailed information about services to be furnished.
3. (3) Bidder/Offeror—A person or entity submitting a solicitation document to department.

4. (4) Bond—A guaranty agreement that contains the promise of a third party to fulfill the bidder’s/offeror’s responsibilities in the event that the bidder/offeror is unable or unwilling to fulfill those responsibilities. The commission may require the following:

   1. (A) Bid/Proposal bond—A financial guarantee that the bidder/offeror, if selected, will accept the contract as bid/proposed. Protects the commission against loss due to bidder’s/offeror’s refusal to enter into a contract with the commission;
   2. (B) Payment bond—A financial guarantee that the contractor will pay his/her/its workers, suppliers, and subcontractors on a commission project. Assures the commission that persons supplying labor or material in connection with a project will be paid; and/or
   3. (C) Performance bond—A financial guarantee that the contractor will complete performance of the project. Protects the commission against loss due to the inability or refusal of a contractor to perform his/her/its contract.
5. (5) Buyer—A department employee who buys or contracts to buy supplies for the department.
6. (6) Certification—The process in which the bidder/offeror swears that the information he/she/it has provided is correct.
7. (7) Commission—The Missouri Highways and Transportation Commission.
8. (8) Contract—An offer to perform a contract for work and labor or to supply materials, goods, or services at a specified price; also may include detailed information about services to be furnished.
9. (9) Contractor—A successful bidder/offeror to whom a contract has been awarded by the commission.
10. (10) Debarment—An exclusion from contracting with the commission for an indefinite period of time.
11. (11) Department—The Missouri Department of Transportation.
12. (12) Director—The director of the General Services Division of the department or a designated representative of the director.
13. (13) Division—The Division of General Services within the Missouri Department of Transportation.
14. (14) Domicile—The state in which a business is incorporated.
15. (15) Emergency—A situation which creates a serious and obvious threat to the public health, welfare, or safety, or creates a serious and obvious threat to the operation of the department in executing its legal responsibilities to the public or for the persons or property in its legal care, custody, or control, or a combination of these.
16. (16) Invitation for bid (IFB)—A formal request for sealed bids which are solicited based upon specifications for which bids must be submitted.
17. (17) Missouri firm—A corporation which is incorporated in Missouri, or in the case of a partnership, joint venture, or sole proprietorship, a business which has its principal place of business in Missouri.
18. (18) Multiple award—A purchase order or contract awarded to two (2) or more bidders/offerors required to meet the needs of the department.
19. (19) Nonresponsive bid/proposal—A bid or proposal which does not fulfill all terms, conditions, and specifications outlined in the solicitation document.
20. (20) Notice to proceed—A document sent by the department that gives notice to the bidder/offeror to begin performance on its contract.
21. (21) Purchase—Includes rental or leasing of any equipment, articles, or supplies. 7 CSR 10-11
22. (22) Purchase order—A document issued by department, authorizing bidder/offeror to deliver goods.
23. (23) Responsible bid/proposal—Bid/proposal which complies with all terms, conditions, and specifications outlined in the solicitation document.
24. (24) Request for bid (RFB)—A formal request for sealed bids which is solicited and based upon specifications for which bids must be submitted. Bids must be submitted by a specific date and time.
25. (25) Request for proposal (RFP)—A formal request for sealed proposals which is solicited and based on scope of work requirements. Proposals must be submitted by a specific date and time.
26. (26) Request for quotation (RFQ)—An informal request for either bids or proposals based upon either a specification or a scope of work requirement. Establishes a target date and time by which quotations must be submitted.
27. (27) Solicitation—A process of notifying prospective bidders/offerors that the department wishes to receive bids or proposals to provide goods, services, or a combination of goods and services. The term includes RFQ, RFP, IFB, and any other procurement method which may be used.
28. (28) State—The state of Missouri.
29. (29) Substitution—A shipment of an item that materially conforms to the specifications but is technically different from the item bid.
30. (30) Supplies—Materials, equipment, contractual services, and all articles or things.
31. (31) Suspension—An exclusion from contracting with the commission for a temporary period of time.
32. (32) Vendor—Any individual, partnership, company, corporation, or joint venturer providing supplies to the commission.

AUTHORITY: sections 226.020, 226.130, 227.030, and 227.210, RSMo 2000.* Original rule filed April 5, 1993, effective Oct. 10, 1993. Amended: Filed June 5, 2009, effective Jan. 30, 2010.

*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.210, RSMo 1939.