Definition of Terms

PURPOSE: This rule defines terms used in this chapter. (1) Award—An action taken by the director or his/her designee on behalf of the commission on successful bids/proposals. (2) Bid/Proposal—An offer to perform a contract for work and labor or to supply materials, goods, or services at a specified price; also may include detailed information about services to be furnished. (3) Bidder/Offeror—A person or entity submitting a solicitation document to the department. (4) Bond—A guaranty agreement that contains the promise of a third party to fulfill the bidder’s/offeror’s responsibilities in the event that the bidder/offeror is unable or unwilling to fulfill those responsibilities. The commission may require the following: (A) Bid/Proposal bond—A financial guarantee that the bidder/ offeror, if selected, will accept the contract as bid/proposed. Protects the commission against loss due to bidder’s/offeror’s refusal to enter into a contract with the commission; (B) Payment bond—A financial guarantee that the contractor will pay his/her/its workers, suppliers, and subcontractors on a commission project. Assures the commission that persons supplying labor or material in connection with a project will be paid; and/or (C) Performance bond—A financial guarantee that the contractor will complete performance of the project. Protects the commission against loss due to the inability or refusal of a contractor to perform his/her/its contract. (5) Buyer—A department employee who buys or contracts to buy supplies for the department. (6) Certification—The process in which the bidder/offeror swears that the information he/she/it has provided is correct. (7) Commission—The Missouri Highways and Transportation Commission. (8) Contract—An offer to perform work and labor or to supply materials, goods, or services at a specified price that is accept able to the commission; also may include detailed information about services to be furnished. (9) Contractor—A successful bidder/offeror who has received an award by the commission and with which a contract has been executed with the commission. (10) Debarment—An exclusion from contracting with the commission that is issued by the commission and has an indefinite period of time in duration. (11) Department—The Missouri Department of Transportation. (12) Director—The director of the General Services Division of the department or a designated representative (i.e., designee) of the director. (13) Division—The Division of General Services within the Missouri Department of Transportation. (14) Domicile—The state in which a business is incorporated. (15) Emergency—A situation which creates a serious and obvi ous threat to the public health, welfare, or safety, or creates a serious and obvious threat to the operation of the department in executing its legal responsibilities to the public or for the persons or property in its legal care, custody, or control, or a combination of these. (16) Indefinite Delivery Contract (IDC)—Resulting from a com petitive procurement, contracts awarded for facility mainte nance, construction, repair, rehabilitation, renovation, or al teration services of a recurring nature when the delivery times and quantities are indefinite. Work orders are placed with the contractors based on pre-described and pre-priced tasks when the need for the services arises. (17) Invitation for bid (IFB)—A formal request for sealed bids which is solicited based upon specifications for which bids must be submitted. (18) Invitation for quotation (IFQ)—An informal request for either bids or proposals based upon either a specification or a scope of work requirement. Establishes a target date and time by which quotations must be submitted. (19) Missouri firm—A corporation which is incorporated in Missouri, or in the case of a partnership, joint venture, or sole proprietorship, a business which has its principal place of business in Missouri. (20) Multiple award—A purchase order or contract awarded to/executed with two (2) or more bidders/offerors required to meet the needs of the department. (21) Nonresponsive bid/proposal—A bid or proposal which does not fulfill all terms, conditions, and specifications outlined in the solicitation document. (22) Notice to proceed—A document sent by the department that gives notice to the bidder/offeror to begin performance on its contract. (23) Purchase—The term purchase includes rental or leasing of any equipment, articles, or supplies. (24) Purchase order—A document issued by the department authorizing a bidder/offeror to deliver goods. (25) Responsible bid/proposal—Bid/proposal which complies with all terms, conditions, and specifications outlined in the solicitation document. (26) Request for information (RFI)—An Informal request for information which is solicited and based upon identified needs. (27) Request for proposal (RFP)—A formal request for sealed proposals which is solicited and based on scope of work TRANSPORTATION requirements. Proposals must be submitted by a specific date and time. (28) Solicitation—A process of notifying prospective bidders/ offerors that the department wishes to receive bids or proposals to provide goods, services, or a combination of goods and services to the commission. The term includes IFQ, RFQ, RFP, IFB, RFB, and any other procurement method which may be used by the commission. (29) State—The state of Missouri. (30) Substitution—A shipment of an item that materially conforms to the specifications of the solicitation but is technically different from such item in the solicitation. (31) Supplies—Materials, equipment, contractual services, and all articles or things. (32) Suspension—An exclusion from contracting with the commission that is issued by the commission and has a temporary period of time. (33) Vendor—Any individual, partnership, company, corpora tion, or joint venturer providing supplies to the commission. AUTHORITY: sections 226.020, 226.130, 227.030, and 227.210, RSMo 2016.* Original rule filed April 5, 1993, effective Oct. 10, 1993. Amended: Filed June 5, 2009, effective Jan. 30, 2010. Amended: Filed May 4, 2018, effective Dec. 30, 2018. *Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.210, RSMo 1939.