Definitions

PURPOSE: This rule contains the definitions of terms used in this chapter. (1) Bidder. Any person, individual, partnership, corporation, or joint venture submitting a bid to supply goods or to perform the work contemplated under a commission contract. (2) Commission. The Missouri Highways and Transportation Commission. (3) Contractor. Any person, individual, or legal entity including its officers and directors that submits bids or proposals for or is awarded or may reasonably be expected to submit bids or proposals for or be awarded a commission contract. This definition includes any subcontractor that conducts business with the commission or department as an agent or representative of a contractor and any person, individual, or legal entity that conducts business with the department as an agent or representative of a contractor. (4) Department. The Missouri Department of Transportation (MoDOT). (5) Nonresponsible contractor. A contractor determined by the commission to lack one (1) or more of the qualities associated with a responsible bidder or responsible contractor and are deemed ineligible to bid on commission contracts. (6) Person. Any individual, corporation, partnership, association, unit of government, or legal entity, however organized. (7) Responsible bidder or responsible contractor. A person who has the capability in all respects to perform fully the contract requirements, and who possesses the integrity and reliability which will assure good faith performance. (8) Subcontractor. Any person participating as part of a joint venture, to whom the contractor sublets any part of the work under a commission contract. AUTHORITY: sections 226.020, 226.130, 227.030, and 227.105, RSMo 2016.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency amendment filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Amended: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Nov. 9, 1999, effective Nov. 19, 1999, expired May 16, 2000. Amended: Filed Nov. 9, 1999, effective May 30, 2000. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. Amended: Filed Dec. 8, 2016, effective July 30, 2017. Amended: Filed Feb. 6, 2026, effective Sept. 30, 2026. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo 1996.