Current through Register Vol. 49, No. 18, September 16, 2024
(1) Causes for Disqualification.
Disqualification may be imposed for any of the following:
(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;
(B) A preponderance
of the evidence that shows collusion exists among the bidders;
(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. 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;
2. Violation of federal or state antitrust
statutes, including those proscribing price fixing between competitors,
allocation of customers between competitors, and bid rigging; or
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;
(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;
(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;
(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;
(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;
or
(H) Occupational Safety and
Health Administration (OSHA) violations categorized as willful, and/or a
documented history of serious and/or repeated violations that resulted in
serious injury or death per Title 29, Code of Federal Regulations, Sections
1910-1990, which is incorporated by reference and made a part of this rule as
published by the United States Superintendent of Documents, 732 N Capitol
Street N W, Washington D.C. 20402-0001, website:
http://bookstore.gpo.gov , on
July 1, 2017. This rule does not incorporate any subsequent amendments or
additions of this rule.
(2) Imputed Conduct. Any contractor that
receives payment as a result of a commission contract may not assert as a
defense to the department's disqualification action against such contractor
that the conduct of any person, officer, director, partner, employee, agent, or
individual associated with such contractor in performing work under the
contract should not be imputed to such contractor, if such conduct-
(A) Occurred within the course and scope of
the person, officer, director, partner, employee, agent, or individual's
relationship with the contractor during the time such contractor was under
contract with the commission; and
(B) Was illegal under any federal, state, or
local law or illegal under any federal or state rule, or violated the
contractor's obligations to the commission under the contract. The contractor's
receipt of payment under a commission contract including any illegal or
unsatisfactory conduct, or the contractor's intent to obtain payment for such
conduct, may be used as evidence by the commission of the contractor's
knowledge, approval, or acquiescence of such conduct.
*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).
