Construction Program & Contractor Rules

These rules apply to the administration of MoDOT’s highway construction program, including, but not limited to, the prequalification and disqualification of contractors, describe how the contractor performance rating system works, details MoDOT’s technician certification program, and defines the contractor arbitration process.

NOTICE: Rules for the: Contractor Performance Rating to Determine Responsibility, Contractor Prequalification, Contractor Disqualification for Misconduct (no changes to 7 CSR 10-18.020), Technician Certification Program and Arbitration and Mediation of Construction Disputes were filed with the Secretary of State for amendment and/or rescission and published in the Missouri Register on January 17, 2017. On April 3, 2017, the final orders of rulemaking were filed with the Joint Committee on Administrative Rules. To view and comment on these proposed amended and/or rescinded rules, please Click Here.

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RuleSummaryFull Text
7CSR 10-10Contractor Performance Rating to Determine Responsibility
7CSR 10-10.010PURPOSE: This rule contains the definitions of terms used in this chapter. Full Text Download
7CSR 10-10.020PURPOSE: This rule explains the need for the contractor rating system
established in this chapter and states the general objectives of the
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7CSR 10-10.030PURPOSE: This rule sets forth the rating criteria used in evaluating the
performance of contractors awarded commission projects. 
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7CSR 10-10.040PURPOSE: This rule describes generally the form used in rating and
reporting a contractor’s performance on a contract, according to the
provisions of this chapter.
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7CSR 10-10.050PURPOSE: This rule describes the procedures and schedule which
apply to the completion of the contractor performance project evaluation.
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7CSR 10-10.060PURPOSE: This rule describes the procedures and rating values used in
annual ratings of contractors.
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7CSR 10-10.070PURPOSE: This rule describes the procedures used in annual rating of
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7CSR 10-10.080PURPOSE: This rule describes the effect and consequences that a
commission determination of nonresponsibility has upon the person
or contractor which has been disqualified under the provisions of this
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7CSR 10-10.090PURPOSE: This rule reserves to the department the right to recommend
disqualification of, and to the commission the right to disqualify persons,
firms or contractors for reasons other than those set forth in this chapter.
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7CSR 10-15Contractor Prequalification
7CSR 10-15.010PURPOSE: This rule implements the requirements set forth in section
227.105, RSMo (Cum. Supp. 1996), concerning the prequalification of
certain contractors to bid for highway projects with an estimated cost in
excess of two million dollars. 
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7CSR 10-18Contractor Disqualification for Misconduct
7CSR 10-18.010PURPOSE: This rule contains the definitions of terms used in this chapter.Full Text Download
7CSR 10-18.020PURPOSE: This rule provides for the criteria causing disqualification.Full Text Download
7CSR 10-18.030PURPOSE: This rule sets forth the requirements for notifying any person or
contractor that disqualification is being considered by the department.
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7CSR 10-18.040PURPOSE: This rule provides for the contractor to appeal any recommended
disqualification and provides the procedures for the review board.
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7CSR 10-18.050PURPOSE: This rule describes the commission's role in determining whether
a contractor is to be disqualified.
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7CSR 10-18.060PURPOSE: This rule sets forth notification requirements for disqualification
(by the commission).
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7CSR 10-18.070PURPOSE: This rule establishes definite periods for disqualification of
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7CSR 10-18.080PURPOSE: This rule states the effect of a determination to disqualify with
respect to bidding or participating in any new commission contract and
further establishes the commission's authority to grant an exception. 
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7CSR 10-18.090PURPOSE: This rule establishes the procedures for reinstating a contractor
who has previously been disqualified.
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7CSR 10-18.100PURPOSE: This rule sets forth the effect of reinstating a person, contractor,
firm or corporation with regard to contracting and subcontracting and with
regard to the person's or contractor's status and any subsequent action
against the person, contractor, firm or corporation.
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7CSR 10-18.110PURPOSE: This rule provides information regarding sending notice to the
contractor and the commission.
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7CSR 10-18.120PURPOSE: This rule provides for commission notification of disqualified
contractors to all interested persons.
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7CSR 10-19Contractor Drug Testing Program
7CSR 10-19.010PURPOSE: This rule provides drug testing program requirements for
contractors' employees working on highway projects within the state of
Missouri to ensure the safety of contractor and subcontractor employees,
Department of Transportation employees and the traveling public. Federal
law already re-quires contractors to provide drug testing for employees
possessing commercial drivers licenses; this rule extends the requirements
to include all employees working in safety-sensitive positions.
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7CSR 10-23Technician Certification Program
7CSR 10-23.010PURPOSE: This rule provides definitions of terms applicable to the Missouri
Department of Transportation’s technician certification program.
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7CSR 10-23.020PURPOSE: This rule provides for individuals to become certified or recertified
as qualified sampling and testing technicians as required by federal
regulation at Title 23 Code of Federal Regulations, Ch. 1, Part 637.
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7CSR 10-23.030PURPOSE: This rule provides for the Missouri Department of Transportation
to suspend or revoke a technician’s certification status and the technician’s
right to appeal the suspension or revocation. 
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7CSR 10-26Arbitration and Mediation of Construction Disputes
7CSR 10-26.010PURPOSE: This rule provides for the selection of arbitrators in arbitration
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7CSR 10-26.020PURPOSE: This rule provides for a mediation process to settle contract
disputes.  (1) Any claim, whether or not it is arbitrable under section 226.096,
RSMo, may be mediated by any method agreed to by the parties, if both
parties agree, provided such claim shall follow the claims established in
section 226.096, RSMo.

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