PURPOSE: This rule describes the procedures for bidder registration and official mailing lists.

1. (1) Bidder Registration Application. Any individual, business or entity desiring to sell materials, equipment, supplies or services to the department must request, complete and sign a bidder registration application from the division. It is the bidder’s responsibility to notify the division in writing of any change of fact set forth in the application. To request a registration application, contact the director of equipment and procurement at (314) 751- 3720 or Missouri Highway and Transportation Department, P.O. Box 270, Jefferson City, MO 65102.
2. (2) Mailing List. Solicitation documents will be sent to those persons appearing on the official mailing list.
3. (3) Independent Contractor. A person, business, corporation or entity contracting to sell materials, equipment and supplies, or contracting to perform services, shall be considered an independent contractor and shall not represent him/herself as an employee or agency of the state. A corporation must be authorized to do business in Missouri by registering with the Office of the Secretary of State before proceeding with work under a contract.
4. (4) Suspension Policy. Vendors who are in default or have been declared nonresponsible will be removed from all bid lists and will not be allowed to bid until they have been reinstated. Vendors will be reinstated after three

5. (3) years.

   1. (A) Declaring a Vendor in Default or Nonresponsible. The director of equipment and procurement may remove any vendor from a list of qualified bidders, provided evidence is available for the action. The vendor will be given written notice of the removal. The vendor will be reinstated three (3) years after the date it is given notice that it is in default or nonresponsible.

   2. (B) Disciplinary Grounds for Removal. Any of the following shall be sufficient grounds for removal from the list of qualified vendors. This list is not all inclusive:

      1. 1. Delivery of commodities, equipment

or services that do not comply with the specifications; Transportation Commission

*Original authority: 226.020, RSMo 1939; 226.130,

1. 2. Failure to make delivery or complete RSMo 1939, amended 1993, 1995; and 227.030, RSMo

a project in the time specified on the contract 1939. or purchase order;

1. 3. Failure to honor the offer for the

length of time specified;

1. 4. Failure to provide performance bond

following award of contract or purchase order when the bond is required in the IFB;

1. 5. Collusion with other vendors or

prospective vendors to restrain competitive bidding;

1. 6. Failure to accept orders offered based

upon firm bids;

1. 7. Failure to make applicable adjustment

or replace damaged goods;

1. 8. Failure to honor warranties and guar-

antees on products delivered;

1. 9. False or misleading information on

application for placement on the bidders’ list;

1. 10. Any violation of the laws of

Missouri or the federal government; and

1. 11. Any other violation of responsible

business practices or unsatisfactory performance as determined by the director.

1. (C) Appeal. At any time after the vendor receives notice of removal, the vendor may submit, in writing or in person, an explanation of the circumstances which were the cause of removal or may show that these circumstances have been corrected. On the basis of this explanation or showing, the director of equipment and procurement may modify or rescind the removal.
2. (D) Solicitation After Default. Where supplies are purchased without a bond, the division may solicit bids on the items as soon as the vendor is declared in default by the director of equipment and procurement. A report shall be made to the commission at its next meeting.

1. (5) Failure to Bid. The director also may suspend any vendor from an official mailing list for the failure to respond to three (3) consecutive solicitation documents for a specific item(s) with either a bid or a failure to submit a written reason for failing to submit a bid. This suspension shall not be applicable to all items for which a vendor is registered, but shall apply only to those items for which the vendor fails to respond. The vendor shall be mailed a formal notice of suspension and the reasons for this action and then shall be removed from the mailing list. The vendor may appeal suspension by contacting the division with reasons why suspension is not necessary. On the basis of this information, the suspension may be rescinded or affirmed.

AUTHORITY: sections 226.020, 226.130 and 227.030, RSMo 1986.* Original rule filed April 5, 1993, effective Oct. 10, 1993. Transportation Commission