Current through Register Vol. 49, No. 18, September 16, 2024
(1) State statutes, regulations or policies
concerning organizational conflict of interest will be specified or referenced
in the design-build Request for Qualification (RFQ) or Request for Proposal
(RFP) document as well as any contract for engineering services, inspection or
technical support in the administration of the design-build contract. All
design-build solicitations will address the following situations as
appropriate:
(A) Consultants and
sub-consultants who assist the commission in the preparation of a RFP document
will not be allowed to participate as a proposer or join a team submitting a
proposal in response to the RFP. However, the commission may determine there is
not an organizational conflict of interest for a consultant or sub-consultant
where:
1. The role of the consultant or
sub-consultant was limited to provision of preliminary design, reports, or
similar "low-level" documents that will be incorporated into the RFP, and did
not include assistance in development of instructions to proposers or
evaluation criteria; or
2. Where
all documents and reports delivered to the commission by the consultant or
sub-consultant are made available to all offerors.
(B) All solicitations for design-build
contracts, including related contracts for inspection, administration, or
auditing services, must include an organizational conflicts of interest
provision which:
1. Directs proposers
attention to this section;
2.
States the nature of the potential conflict as seen by the
commission;
3. States the nature of
the proposed restraint or restrictions, and duration, upon future contracting
activities, if appropriate;
4.
Depending on the nature of the acquisition, states whether or not the terms of
any proposed clause and the application of this section to the contract are
subject to negotiation; and
5.
Specifies the information concerning potential organizational conflicts of
interest apparent successful proposers shall include in their proposals. The
information may be in the form of a disclosure statement or a
certification.
(C) Based
upon a review of the information submitted, the commission will make a written
determination of whether the proposer's interests create an actual or potential
organizational conflict of interest and identify any actions that must be taken
to avoid, neutralize, or mitigate such conflict. There should be an award of
the contract to the apparent successful proposer unless an organizational
conflict of interest is determined to exist that cannot be avoided,
neutralized, or mitigated, in the judgment of the commission.
(2) State laws and
procedures governing improper business practices and personal conflicts of
interest will apply to the commission selection team members. In design-build
projects funded with federal-aid highway funds, the requirements of Title 48,
Code of Federal Regulations (CFR) Part 3, Improper Business Practices and
Personal Conflicts of Interest, will apply to selection team members. Title 48
CFR Chapter 3, Subchapter A, Part 303, Improper Business Practices and Personal
Conflicts of Interest, is incorporated by reference into 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
January 1, 2012. This rule does not incorporate any subsequent amendments or
additions to the Code of Federal Regulations in 48 CFR Chapter 3, Subchapter A,
Part 303.
*Original authority: 226.020, RSMo 1939; 226.030, RSMo
1939, amended 1965, 2003, 2004; and 227.107, RSMo
2002.
