North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter F - STATE BUILDING COMMISSION CONTRACTOR EVALUATION PROCEDURES › Section .0300 - EVALUATION OF CONTRACTORS › Section 30F .0305 - EVALUATION REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) SCO shall
				  maintain contractor evaluation data. This data shall be maintained on an
				  individual job basis, and shall also be maintained cumulatively by contractor
				  (based on contractor license number). The contractor evaluation data shall be
				  that information prepared by the Capital Projects Coordinator during the
				  evaluation process set forth in this Subchapter. All numerical ratings shall be
				  given pursuant to Rule .0302 of this Section and shall evaluate those phases of
				  the work set out in Rule .0301 of this Section; the form called for in Rule
				  .0103(8) of this Subchapter shall be used exclusively for this
				  purpose.
(b) The data maintained by
				  the SCO shall reflect performance history for a period of five years. All
				  evaluation data on completed projects over five years old shall be removed from
				  SCO files and shall not be used as a factor in the cumulative
				  evaluation.
(c) A contractor whose
				  cumulative evaluation falls below a mark of 3.5 shall be determined to have
				  provided an unsatisfactory level of performance and may not be allowed to bid
				  on or serve as a sub-contractor on State capital improvement projects during a
				  corrective period. All references to pre-bid disqualification status in this
				  Section shall also be considered to apply to disqualification of a prime
				  contractor to serve as a sub-contractor on State capital improvement projects
				  during the disqualification period.
(d) To be utilized for pre-bid
				  disqualification, a prime contractor's cumulative evaluation must be based on a
				  minimum of three evaluations on at least three separate capital projects.
				  Further, if a contractor is assigned a single final evaluation of 2.5 or lower,
				  this action alone shall be sufficient to call the contractor's performance into
				  question and may result in pre-bid disqualification during a corrective
				  period.
(e) In both instances,
				  i.e., a cumulative mark falling below 3.5 or a single evaluation of 2.5 or
				  lower, the SCO shall convene a panel of five persons to review the evaluation
				  and make a recommendation to the SBC. (A single final evaluation of 2.5 or
				  lower, when applied to the cumulative total, shall not initiate further
				  immediate review if it causes the cumulative rating to fall below 3.5.) The
				  panel shall consist of three design/construction professional State employees
				  of which a minimum of one employee shall be a licensed architect or engineer as
				  appointed by the Director of State Construction and two members of the SBC as
				  appointed by the Chairman of the Commission of which a minimum of one shall be
				  a licensed contractor.
(f) The
				  panel may recommend to the State Building Commission either of the following
				  actions as a result of its review:
(1)
				  disqualification of the contractor from bidding and placement of the contractor
				  in a pre-bid disqualification status for a corrective period of two
				  years;
(2) rejection of
				  disqualification but issuance of a warning to the contractor that continued
				  poor performance may result in disqualification.
The SCO shall retain file copies of the ratings,
					 disqualifications and warnings.