Mo. Code Regs. tit. 7 § 10-11.030
Current through Register Vol. 49, No.12, June 17, 2024
Section 7 CSR 10-11.030 - Vendor Suspension and DebarmentPURPOSE: This proposed amendment removes procedures no longer applicable for vendor registration and vendor notification of bidding opportunities and removes unnecessary restrictive wording.
PURPOSE: This rule describes procedures for suspension and debarment of vendors.
(1) Suspension. The director, or director's designee, may suspend a vendor for cause. A formal notice of suspension outlining the reasons for, the specific conditions of, and the effective period of the suspension, shall be mailed to the vendor. The director or designee may suspend a vendor whenever, in their sole discretion, it is in the best interest of the commission to do so. It is the responsibility of the vendor, upon completion of the suspension period, to request, in writing, reinstatement if desired. (A) During suspension, bids/proposals submitted by a suspended vendor shall not be considered.(B) The suspension of a vendor may be for a period of up to one hundred eighty (180) days for a first violation, and up to a year for subsequent violation(s).(C) The vendor may appeal its suspension, in writing, within fourteen (14) calendar days after receiving the formal notice. The written request to the director or director's designee may include specific evidence and reasons why suspension is not warranted. On the basis of the information in the appeal, the suspension may be modified, rescinded, or affirmed by the director. The director's final decision on the vendor's appeal shall be mailed to all parties.(2) Debarment. The director, or director's designee, may debar a vendor for cause. A formal notice of debarment outlining the reasons for, the specific conditions of, and the actions necessary for the vendor to be eligible to contract again, shall be mailed to the vendor. The director may debar a vendor whenever, in the director's sole discretion, it is in the best interest of the commission to do so. A vendor may be debarred for a single incident of serious misconduct or after multiple less serious incidents. (A) During debarment, bids/proposals submitted by a debarred vendor shall not be considered.(B) The vendor may appeal its debarment, in writing, within fourteen (14) calendar days after receiving the formal notice. The written request to the director may include specific evidence and reasons why debarment is not warranted and is addressed to the director. On the basis of this information, the debarment may be modified, rescinded, or affirmed. The director's decision on the vendor's appeal will be mailed to all parties and is considered the final decision.(3) The following shall be sufficient cause for suspension or debarment. The list is not meant to be all inclusive but is a guideline for vendor discipline and business ethics. (A) Failure to perform in accordance with the terms and conditions and requirements of any contract/purchase order;(B) Violating any federal, state, or local law, ordinance, or regulation in the performance of any contract/purchase order;(C) Providing false or misleading information on an application, in a bid/proposal, or in correspondence to the department or a state agency;(D) Failing to honor a bid/proposal for the length of time specified;(E) Colluding with others to restrain competition;(F) Obtaining information, by whatever means, related to a proposal submitted by a competitor in response to a solicitation in order to obtain an unfair advantage during the negotiation process; or(G) Contacting proposal/bid evaluators or any other person who may have influence over the award, without authorization from the division, for the purpose of influencing the award of a contract. AUTHORITY: sections 226.020, 226.130, 227.030, and 227.210, RSMo 2000.* Original rule filed April 5, 1993, effective Oct. 10 , 1993. Rescinded and readopted: Filed June 5, 2009, effective Jan. 30, 2010 . Amended by Missouri Register November 15, 2018/Volume 43, Number 22, effective 12/31/2018*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.210, RSMo 1939.