PURPOSE: This rule describes procedures for soliciting and receiving bids and for awarding contracts for the division.

1. (1) Competitive Bids. The department attempts to accomplish its purchasing of supplies and equipment through competitive bidding. In emergency situations, the department cannot always use competitive bidding.
2. (2) Late Bids. It is the bidder’s responsibility to ensure that a bid or proposal is physically deposited in the office of the division or in the appropriate district prior to the exact date and time designated in the bid for opening of these documents. Late bids shall be rejected regardless of the reason, including causes beyond the control of the bidder.
3. (3) Sealed Bids. Bidders must ensure that bids are sealed in a container prior to delivery to the office of the division. Either an envelope or box may be used as a container. The container should bear the official solicitation document number and the official closing date and time. In the event that the division receives a bid which is not identified as a bid, an authorized person within the division may open the container to determine the solicitation document number, closing date, and time and reseal the bid for further consideration at the official time of opening.
4. (4) Public Bid Opening. Bidders and the public may attend the formal opening of bids and proposals. Prices will be read aloud to the public. No decisions related to an award of a contract or purchase order will be made at the opening. The location of the opening of bids and proposals will be indicated in the bid documents.
5. (5) Bid Tabulation. The tabulation sheets, evaluation reports, bids and any other documentation related to the solicitation document and subsequent award shall be maintained in an official solicitation file kept by the division. After an award is made, the solicitation file will be made available to the public for inspection at any time during regular working hours.
6. (6) Proposal Security. If a proposal security is required, the requirement shall be stated in the solicitation document. A proposal security must be submitted with the proposal prior to the official opening date and time. The proposal security must be irrevocable and in the form of a cash bid bond, cashier’s check or bank draft. The proposal security must be in the amount required and made payable to the State of Missouri Director of Revenue, Credit State Road Fund. Personal and company checks are not acceptable. The security must irrevocably guarantee that the successful bidder will accept the contract or purchase order if offered. The bidder’s failure to accept a contract shall cause the amount of the security to be forfeited to the state. Security deposits of unsuccessful bidders will be returned prior to the award being made, however; the director may retain the second and third lowest bids until the award is made.
7. (7) Performance Security. If a performance security is required in the solicitation document, the successful bidder’s proposal security will be held and remain in full force and effect until a valid performance security in the amount stated in the solicitation document, is received by the division. Security deposits of the lowest, second lowest and third lowest bidder may be retained until the award is made. The performance security must be irrevocable and in the form of a bond, cashier’s check or bank draft. The performance security must be in the amount required and made payable to the State of Missouri Director of Revenue, Credit State Road Fund. No personal or company checks shall be accepted. When the department is purchasing automotive equipment, the model year bid and performance bond may be retained by the department unless requested by the bidder.

8. (8) Award. The award of a contract or purchase order shall be based on the terms and conditions set forth in the solicitation document. The director’s discretion may be utilized in the evaluation of bids provided that the evaluation categories and the relative percentage of impact are published in the solicitation document.

   1. (A) Any bid failing to agree to, and comply with, all terms, conditions and specifications stated in the solicitation document shall be considered as nonresponsive to the solicitation and shall not be considered for the award of a contract or purchase order.
   2. (B) The commission may reject all bids and may waive any minor informality or irregularity in a bid. The commission also may make multiple awards from a single solicitation document when permitted by the solicitation document.
9. (9) Questions Relating to Bid Documents. Any question concerning the solicitation document must be directed to the buyer in the Transportation Commission

division whose name is listed in the solicitation document. The person corresponding must specify the solicitation document number and the closing date that appears in the solicitation. The director may issue an amendment to the solicitation document if, in the director’s opinion, an amendment is necessary.

1. (10) Corrections to Bid Documents. When preparing a bid, a bidder may correct an error by marking it out or erasing it. The change should be initialed by the person signing the bid. No bid shall be altered or amended after the time and date specified for the opening of bids. In the case of errors in the extension of price, the unit price will govern.

2. (11) Withdrawal of Bid. To withdraw a bid after submittal a bidder must—

   1. (A) Send written notice to the buyer designated in the solicitation document before the time for opening of bids. When this notice is received the bid will not be opened and will be returned to the bidder; or
   2. (B) Appear in person at the office of the division, make proof of his/her identity and sign a receipt for the return of the bid; and
   3. (C) Telephone or facsimile requests to withdraw a bid will not be honored.

3. (12) Modification of Bid Before Opening. To modify a bid after its submittal and before the deadline for bid submission, a bidder must

   1. (A) Submit a substitute bid which clearly indicates that it replaces the first submittal; or
   2. (B) Provide a written modification contained in a sealed envelope which is plainly marked Modification to No.______________ submitted by:_________. Bid modifications may be made by telegraph but modifications submitted by facsimile machine or telephone shall not be accepted.
4. (13) Withdrawal of Bid After Opening. After bid opening, a bidder may be permitted to withdraw a bid prior to award at the discretion of the division if there is an error obvious to the director in the bid which is supported by cost and pricing data, or where enforcement of the bid would impose an unconscionable hardship in the opinion of the director. This withdrawal will be considered only after receipt of a written request and supporting documentation from the bidder. Withdrawal shall be the bidder’s sole remedy for an error on the proposal form. No change in prices or other provisions of the bid shall be permitted or considered.
5. (14) Tie Bids. When the bids are equal in all respects and tied in price, the contract shall be awarded to a bidder doing business as a Missouri firm. If both bidders or neither is a Missouri firm, the contract shall be awarded by a formal drawing of lot. Whenever practical, the drawing will be held in the presence of the bidders who are considered equal. If this is not possible, the drawing will be witnessed.
6. (15) Cancellation of Solicitation. The division may cancel a solicitation document at any time.
7. (16) Samples. Any samples or descriptive literature requested in the solicitation document must be provided free of charge. Samples which are not destroyed by testing will be returned at the bidder’s expense if return of the samples is stipulated in the bid. Samples submitted by a bidder who receives the award of a contract shall be kept for the duration of the contract for comparison of shipments received.
8. (17) Deviations from Specifications. The bid shall specifically identify all deviations from the specifications or the scope of work described in the solicitation document issued by the division. Proposals which do not strictly comply with the terms of the solicitation document are subject to rejection at the division’s discretion.
9. (18) New Supplies. All supplies and equipment offered and furnished must be new and of current production unless the solicitation document specifically permits the offer of used items. Remanufactured or reconstructed items shall not be considered new.
10. (19) Trade-Ins. The division may request bids for new equipment employing the trade-in of used equipment. A trade-in price quotation may be requested for trade-in purchases and a separate price quotation without trade-in for the equipment.
11. (20) Demonstrations. Prior to a solicitation, manufacturers and suppliers may demonstrate products to division personnel. To assure equal opportunity for all bidders, proper testing methods and valid evaluations, bidders must obtain prior approval from the division for those demonstrations.
12. (21) Substitutions. Unless otherwise specified in the contract, substitution of items, personnel or services shall require the approval of the division prior to shipment or performance.
13. (22) Rejection of Supplies. Products, equipment or items delivered that do not meet the specifications of the contract will be returned to the vendor at vendor’s expense. When a shipment or product is returned, the vendor must make immediate replacement in accordance with the specifications of the contract.
14. (23) Inspection. All materials, equipment and supplies shall be subject to inspection and tests by the department. Items that do not meet the specifications of a contract may be rejected. The failure to reject upon receipt or after part or all of the items have been consumed shall not relieve the vendor of any liability under the contract.
15. (24) Services. Services which have not been performed in accordance with specifications or the scope of work of a contract may be rejected. The failure to reject upon receipt or after part or all of those services have been performed shall not relieve the vendor of any liability under the contract.
16. (25) Assignment. Permission to assign a contract or order must be requested in writing. A vendor shall not assign its interest in a contract or order to another party without written permission from the division.
17. (26) Shipment and Performance. Upon the award of a contract, the vendor shall be mailed a copy of the contract. Receipt of a contract does not authorize shipment or performance by the vendor. Shipment of materials, equipment and items or performance of services, or both, shall only be authorized and made after receipt of a properly executed contract release form, notice to proceed or purchase order from the department.
18. (27) Gifts. Department employees shall act impartially and neither dispense nor accept special favors or privileges which might be construed to improperly influence the performance of their duties to the public. Employees shall not use their positions in a manner designed to create personal gain.
19. (28) Arbitration. The commission unless specifically agreed upon by the parties in writing shall not be bound, by a compulsory arbitration or other compulsory dispute resolution provision which is present in any of vendor’s forms or boilerplate. AUTHORITY: sections 226.020, 226.130 and 227.030, RSMo 1986.* Original rule filed April 5, 1993, effective Oct. 10, 1993. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; and 227.030, RSMo 1939. 7 CSR 10-11