Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 10 - Contractor Performance Rating to Determine Responsibility
Section 7 CSR 10-10.090 - Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other Grounds

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule reserves to the department the right to recommend disqualification of, and to the commission the right to disqualify persons, firms or contractors for reasons other than those set forth in this chapter.

(1) Nothing in this chapter shall be construed to waive, limit or restrict the right of the department to determine that a contractor be declared nonresponsible, if any individual rating on one (1) or more of the four (4) rating categories specified in 7 CSR 10-10.030 is so low that there is cause to believe that the contractor cannot responsibly or competently perform contract work generally, or of a particular type or description. The department reserves the right to declare disqualified any contractor it finds to be incompetent or non-responsible, with such terms and conditions governing the disqualification as it deems appropriate.

(2) Nothing in this chapter shall be construed to waive, limit or restrict the right of the department or of the commission to determine and declare that a person, firm, corporation or contractor be disqualified for any other legal reason or circumstance that would support a finding that the person, firm, corporation, or contractor was nonresponsible, including but not limited to financial irresponsibility or a demonstrated lack of concern for public or employee safety or environmental responsibility. The commission reserves the right to declare nonresponsible any person, firm, corporation or contractor which it finds to be nonresponsible or ineligible upon sufficient legal grounds, with those terms and conditions governing that action as it deems appropriate.

*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo 1996.

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