Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 8 - Disadvantaged Business Enterprise Program
Section 7 CSR 10-8.005 - Scope of Rules
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth the scope of this chapter and Missouri Department of Transportation's (MoDOT) implementation of the Disadvantaged Business Enterprise Program (DBE) requirements of Title 49 Code of Federal Regulations part 26 in United States Department of Transportation-assisted programs and contracts.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Incorporates Federal Regulations. The Missouri Highways and Transportation Commission (commission) incorporates by reference into this rule and Title 7, Code of State Regulations (CSR) 10-8.011 through 7 CSR 10-8.151 the regulations for the Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs as set forth in Title 49, Code of Federal Regulations (CFR), sections 26.1 through 26.109, including all Appendices referenced therein. This rule incorporates these sections of the CFR as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington, DC 20401 on November 3, 2014. This rule does not incorporate any subsequent amendments or additions to the CFR. These rules shall be in effect for all commission-let projects for which the commission receives funding through.
(2) Breach for Noncompliance. MoDOT will advise each contractor, through contract specifications on USDOT-funded contracts, that failure to carry out these requirements shall constitute a breach of contract and may result in termination of the contract, or any such remedy that MoDOT deems appropriate. MoDOT will require all contractor employees and contractor agents on USDOT-funded contracts to adhere to the provisions of 49 CFR part 26.
(3) Administration. The commission has adopted the federal DBE program regulations for MoDOT, which executive branch department of state government is subordinate to and controlled by the commission through commission's appointee, the MoDOT director, who is MoDOT's chief executive officer. The commission delegates the day-to-day administration of the DBE program to the External Civil Rights Director, who has been designated as MoDOT's DBE liaison officer in compliance with 49 CFR section 26.25.