Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-150 - Prime contractor performance reports

Current through Register Vol. 24-14, July 15, 2024
(1) Performance
			 reports described in this section, substantially in the format as that
			 appearing at WAC
			 468-16-210, will be completed for
			 prime contractors only for projects valued at $100,000 or more. Each prime
			 contractor's performance report will be classified as to the primary work class
			 being rated. This shall be stated in Section I of the report by listing the
			 major classes of work performed by the contractor e.g., clearing, grading,
			 surfacing, etc.
(2) Performance
			 will be rated under the following headings: Administration, management, and
			 supervision; quality of work; progress of work; and compliance with laws and
			 contract requirements.
(3) The
			 following adjectival ratings are established for performance reports:
(a) Superior
131-150
(b) Above standard
101-130
(c) Standard
100
(d) Below standard
70-99
(e) Inadequate
50-69
(4)
			 The performance report shall be used in evaluating a contractor's
			 prequalification status.
(5) The
			 report shall contain a narrative section which verbally provides the details
			 substantiating the numerical rating. The narrative section shall be based upon
			 documentation prepared during the life of the project, such as the project
			 engineer's diary, the inspector's daily report and other pertinent documents.
			 This documentation shall constitute the major portion of the administrative
			 record to be used for any hearings or litigation that may arise from the rating
			 process.
(6) The performance report
			 will be prepared and discussion held with the contractor by the project
			 engineer. The report will include a numerical rating substantiated by a
			 narrative report which describes the contractor's typical performance. The
			 narrative will reference such documents as will substantiate the given
			 numerical rating.
(7) The report
			 will be endorsed by the region operations engineer or designated assistant who
			 will provide a copy to the contractor.
(8) The contractor may appeal the rating to
			 the region administrator in writing within 20 calendar days of the date the
			 report is received by the contractor. If the report is not delivered to the
			 contractor in person, it shall be forwarded by email with a delivery receipt
			 and read receipt requested to the contractor's representative who signed the
			 contract. The appeal must set forth the specific basis upon which it has been
			 made.
(9) The region administrator
			 or designated assistant will review all contractor performance reports after
			 they have been endorsed and may modify the numerical or narrative rating if
			 such is deemed appropriate. The contractor will be advised of any changes made.
			 The region administrator will be required to make comments thereon only when
			 the contractor's overall performance rating has been rated inadequate, below
			 standard, or superior.
(10)
			 Performance reports, when completed at region level, will be submitted to the
			 secretary, Attn: Manager, contractor prequalification office, not later than 45
			 calendar days following final completion of the project.
(11) The region administrator or designated
			 assistant shall review the appeal and provide a written response to the
			 contractor by email (read receipt requested) within 20 calendar days of its
			 receipt. A copy of the appeal and the response thereto will be forwarded to the
			 secretary, Attn: Contract advertisements and award office.
(12) The contractor may further appeal to the
			 secretary in writing setting forth the specific basis for the appeal. The
			 contractor's appeal shall be made within 10 calendar days of the date of
			 receipt of the region administrator's response. When making an appeal, the
			 contractor may also present information in person. The secretary will consider
			 the appeal and respond to it by email (read receipt requested) within 60
			 calendar days of its receipt. This determination shall be the final
			 administrative act of the department.
(13) All prime contractor performance reports
			 shall be reviewed by the office of the secretary for completeness, objectivity,
			 and substantiation of numerical ratings. The secretary may modify the report as
			 deemed appropriate as a result of the review. The rated contractor and region
			 administrator shall be given a copy of the modified report. The contractor may
			 appeal the modified report in the manner and within the time allotted in
			 subsection (12) of this section to which the secretary shall respond as cited
			 therein.
(14) A prime contractor
			 performance report shall be considered a preliminary paper until all reviews
			 and appeals have been accomplished and it shall have been stamped and initialed
			 as having been "filed in the office of the secretary."
(15) DOT Form 421-010 is
			 authorized.
Statutory Authority:
				  RCW
				   47.01.101,
				  47.28.030, and
				  47.28.070. 00-14-055, §
				  468-16-150, filed 7/3/00, effective 8/3/00; 97-09-045 (Order 168), §
				  468-16-150, filed 4/15/97, effective 5/16/97; 94-05-004, § 468-16-150,
				  filed 2/2/94, effective 3/5/94; 93-03-020 (Order 134), § 468-16-150, filed
				  1/12/93, effective 2/12/93; 91-04-014 (Order 128), § 468-16-150, filed
				  1/28/91, effective 2/28/91.