SECTION 260:65-1-8. Prequalification of bidders

(a)   Scope. The Department may require prospective bidders, general contractors, subcontractors and material suppliers to prequalify prior to submitting bids on a public construction contract to determine the responsibility of bidders.

(b)   Notice. The solicitation notice for specific projects described in 260:65-1-4 (a), shall contain the requirements for prequalification, if any, and the availability of forms to be submitted to the Department.

(c)   Prequalification Form. When indicated on the solicitation notice, prospective bidders, general contractors, subcontractors and material suppliers must submit a prequalification form, prescribed by the Administrator, to the Department which may include the following information:

(1)   Company organization type;

(2)   Type of work or classification of work;

(3)   Organization information;

(4)   Licensing and registration information;

(5)   Experience on current projects;

(6)   Experience on projects completed within last five years;

(7)   Experience of key personnel;

(8)   Specialized experience for specific building types, subsystems or materials;

(9)   References from construction trades, bank and surety company;

(10)   Current financial statement, which according to statute shall remain confidential;

(11)   Any other business information that will enable the Department to evaluate the responsibility of prospective bidders.

(d)   Evaluation. The Department shall evaluate the information contained in the prequalification form and designate the qualification status as:

(1)   "Approved" for a firm that demonstrates verifiable experience and that has successfully completed contract work with the State; or,

(2)   "Approved/Conditional" for a firm that demonstrates verifiable experience but does not have a record of contract work with the State; or

(3)   "Unsatisfactory" for a firm that:

(A)   Does not demonstrate verifiable experience;

(B)   Does not demonstrate verifiable size and scope experience required for a specific project;

(C)   Does not have a verifiable record of successfully completed contract work with the State;

(D)   Has an unsatisfactory record of contract work for the State due to any of the following:

(i)   Unsatisfactory performance evaluations on past projects;

(ii)   Failure to complete a State construction contract;

(iii)   Demonstrated history of noncompliance with plans and specifications;

(iv)   Quality of past work does not meet minimum industry standards;

(v)   Failure to complete work in the specified contract time;

(vi)   Uncooperative and/or unprofessional work manner of the company owner(s) or key personnel;

(vii)   History of assigning unsatisfactory personnel to projects;

(viii)   Failure to coordinate and manage subcontracts; or

(ix)   Failure to maintain and provide accurate documentation of project records.

(E)   Financial information does not indicate financial ability to complete a State contract.

(4)   "Incomplete Submittal" for submittals that:

(A)   Are incomplete;

(B)   Do not contain the information requested in the solicitation notice.

(e)   Required status prior to bid. Bidders, general contractors, subcontractors and material suppliers shall have "Approved" or "Approved/Conditional" status prior to submitting a bid on a public construction contract when prequalification is required in the solicitation notice or if the Department requires prequalification on all public construction contracts.

(f)   Additional requirements. The Department may request additional information from an existing prequalified company whenever a solicitation notice requires prequalification for specific experience for specific project types, subsystems or materials.

(g)   Due date. If prequalification is required, prequalification forms shall be due by the date stated on the solicitation notice. The Administrator may elect to accept prequalification forms annually according to a written public procedure in order to eliminate duplicate submission for each individual project.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]