PURPOSE: This rule provides for the criteria causing disqualification.

1. (1) Causes for Disqualification. Disqualification may be imposed for any of the following:

   1. (A) Submitting more than one (1) proposal for the same work from an individual, firm, or corporation under the same or different name. A bidder may, however, submit a proposal as principal and as a subcontractor to some other principal, or may submit a proposal as a subcontractor to as many other principals as s/he desires, and by so doing will not be liable to disqualification in the intent of this specification;
   2. (B) Reason for believing that collusion exists among the bidders;

   3. (C) Conviction of or civil judgment for or finding of any one (1) act, including failure to act, or attempt or conspiracy to act, constituting or furthering any of the following:

      1. 1. Commission of fraud or a criminal

offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, by a contractor;

1. 2. Violation of federal or state antitrust

statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; or

1. 3. Embezzlement, theft, bribery, perjury,

assault, false affidavit, false declaration within the meaning of section 576.060, RSMo (1994), false statements or false claims within the meaning of 31 U.S.C. 1020, 31 U.S.C. 3729, 31 U.S.C. 3801 or 49 CFR part 31, obstruction of justice, obstruction of any government operation, false representation or false report;

1. (D) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency project or program, such as a willful failure to perform in accordance with the terms of one (1) or more public agreements or transactions;
2. (E) A nonprocurement debarment by any federal, state or local governmental agency taken before October 1, 1988, or a procurement debarment by any federal agency taken pursuant to federal regulations, or debarment disqualification or similar action by any other state, county or local government for an act which would be grounds for disqualification under this section;
3. (F) Making or receiving kickbacks or payments of currency or any item of value in order to obtain or retain any contract or payment thereunder, or in return for an agreement to make or for the making of any false statements or material misrepresentations or omissions of fact to any federal, state or local governmental agency or private firm relevant to contract compliance; or
4. (G) Suspension, debarment, or other disqualification of the contractor, or determination that the contractor is not a responsible bidder for public contracting purposes, by any federal, state or local governmental agency.

AUTHORITY: Art. IV, section 29, Mo. Const., sections 226.020, 226.150, 227.030, 227.100 and 227.210, RSMo (1994), 226.130, RSMo (Cum. Supp. 1996) and Title 49 Code of Federal Regulations part 29.* Original rule filed Dec. 12, 1996, effective June 30, 1997. *Original authority: 226.020, RSMo (1939); 226.130, RSMo (1939), amended 1993, 1995; 226.150, RSMo (1939), amended 1977; 227.030, RSMo (1939); 227.100, RSMo (1939), amended 1963, 1967, 1969; and 227.210, RSMo (1939).