PURPOSE: This rule describes procedures for vendor registration, vendor notification of bidding opportunities, and procedures for suspension and debarment of vendors. (1) Any individual, business, or organization may complete a commission vendor registration in order to be added to the commission’s vendor database. It is the vendor’s sole responsibility to update their vendor registration information with the commission.

1. (2) A person, business, or corporation contracting with the commission shall be considered as an independent contractor and shall not be considered nor represent him/herself as an employee or agency of the commission or department. 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 unless specifically exempt pursuant to section 351.572, RSMo.

2. (3) The director, or designee, may suspend a vendor for cause. The vendor shall be mailed a formal notice of suspension outlining the reasons for, the specific conditions of, and the effective period of the suspension. Upon completion of the suspension period it shall be the responsibility of the vendor to request reinstatement if desired. A request for reinstatement should be made in writing.

   1. (A) Any bids/proposals submitted by a suspended vendor shall not be considered.
   2. (B) The suspension of a vendor may be for a period of up to one hundred eighty (180) days for a first violation, and for not more than a year for subsequent violation(s).
   3. (C) The vendor may appeal suspension by submitting a written request to the director or designee within fourteen (14) calendar days after receipt of the formal notice. The vendor must provide specific evidence and reasons why suspension is not warranted. On the basis of this information, the suspension may be modified, rescinded, or affirmed. The director’s decision on the vendor’s appeal shall be final and mailed to all parties.

3. (4) The director may debar a vendor whenever, in the director’s sole discretion, it is in the best interest of the commission to do so. A vendor may be debarred for a single incident of serious misconduct or after multiple less serious incidents. The director shall notify the vendor of the reason for debarment and any action the vendor must take in order to be found eligible to contract again.

   1. (A) Any bids/proposals submitted by a debarred vendor shall not be considered.
   2. (B) The vendor may appeal the debarment by requesting that the determination be reviewed by the director or designee. Any request for review must be in writing and filed within fourteen (14) calendar days after the date of receipt of the notice of debarment. Transportation Commission

The request must set forth specific evidence and reasons why debarment should be reversed. The director’s determination on the vendor’s appeal shall be final and mailed to all parties.

1. (5) The following shall be sufficient cause for suspension or debarment. The list is not meant to be all inclusive but shall serve as a guideline for vendor discipline and business ethics.

   1. (A) Failure to perform in accordance with the terms and conditions and requirements of any contract/purchase order;
   2. (B) Violating any federal, state, or local law, ordinance, or regulation in the performance of any contract/purchase order;
   3. (C) Providing false or misleading information on an application, in a bid/proposal, or in correspondence to the department or a state agency;
   4. (D) Failing to honor a bid/proposal for the length of time specified;
   5. (E) Colluding with others to restrain competition;
   6. (F) Obtaining information, by whatever means, related to a proposal submitted by a competitor in response to a request for proposal (RFP) in order to obtain an unfair advantage during the negotiation process; or
   7. (G) Contacting proposal/bid evaluators or any other person who may have influence over the award, without authorization from the division, for the purpose of influencing the award of a contract.

AUTHORITY: sections 226.020, 226.130, 227.030, and 227.210, RSMo 2000.* Original rule filed April 5, 1993, effective Oct. 10, 1993. Rescinded and readopted: 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.