227.105. Accepting bids by certain contractors not allowed, when--minimum qualifications--bidder to provide information--information protected from disclosure--rulemaking authority.

MISSOURI STATUTES AND CODES

227.105. Accepting bids by certain contractors not allowed, when--minimum qualifications--bidder to provide information--information protected from disclosure--rulemaking authority.

Accepting bids by certain contractors not allowed, when--minimumqualifications--bidder to provide information--information protectedfrom disclosure--rulemaking authority.

227.105. 1. The department of transportation shall not accept anybid for a highway project with an estimated cost in excess of two milliondollars received from a contractor which has performed no work for thedepartment during the preceding five years unless the department determinesthe contractor making such bid satisfies the provisions of subsections 2and 3 of this section.

2. For the purposes of determining the qualifications of contractorsgoverned by subsection 1 of this section, the department of transportationshall promulgate rules and regulations which determine said contractor'sminimum qualifications necessary for the contractor's bid to be acceptablefor a highway project in excess of two million dollars. The minimumqualifications shall determine the types of work and the maximum amount ofwork on which a contractor may submit a bid. The minimum qualificationsshall be in regards to, but are not limited to, the following:

(1) The contractor's experience in performing the type of workproject to be bid, including the construction experience of personnelnecessary for the project;

(2) The contractor's ability to complete the work project to thesatisfaction of the department and in a timely manner, including a listingof previous completed projects similar to the work project;

(3) The types of work the contractor is qualified to perform;

(4) The contractor's insurance coverage, including comprehensivegeneral liability, workers' compensation and automobile coverage;

(5) The contractor's designation of a Missouri resident as its agentfor the receipt of legal process; *

(6) The contractor's listing of all current projects in progress,including the value of projects not yet completed and their completiondates;

(7) The equipment the contractor has available for the project whichincludes a list of the specific equipment available for the project;

(8) Where practical, the contractor's bonding company shall providerecords of its most recent audit.

3. Any contractor which has performed no work for the departmentduring the preceding five years and is making a bid for a project with anestimated cost in excess of two million dollars shall provide informationto the department necessary for a determination of minimum qualificationspursuant to subsection 2 of this section.

4. All information submitted by a contractor to the departmentrelevant to a determination of minimum qualifications and all informationused by the department to determine said contractor's qualifications shallbe protected from disclosure pursuant to the provisions of section 610.021,RSMo.

5. No rule or portion of a rule promulgated pursuant to the authorityof this section shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.