19 Del. Admin. Code § 4102-3.0 - Assigning Classifications for Which Applications for Prequalification Shall be Accepted

3.1 The Department shall publish annually, on March 1 of each year, classifications for which contractors and subcontractors may seek annual prequalification. The classifications specified by the Department shall include but shall not be limited to trade categories associated with prior or anticipated large public works contracts executed by state agencies and school districts. The Department may publish an amended list of classifications, as required, at any time during the year in accordance with the requirements of sections 3.3 and 4.9 herein.

3.2 Classifications for which the Department accepts applications for contractor and subcontractor prequalification shall be clearly stated in the forms and procedures associated with the prequalification process. Each listed classification may include additional, specific instructions such as, but not limited to, the basis on which to value work associated with completed projects submitted as part of the prequalification application process.

3.3 From time to time, the Department may add to or subtract from the list of prequalification categories specified in the forms and procedures that are used by contractors and subcontractors to apply for prequalification. Classifications may be removed from the published prequalification list at the discretion of the Department, based on changes in construction practices and as a result of periodic reviews of trade categories for which contracting agencies specify prequalification pursuant to 29 Del.C. § 6962. Notice of the Department's intent to delete such classifications shall be sent to those contractors and subcontractors that are prequalified under proposed classification(s) to be deleted. Notice shall be sent to the affected contractors and subcontractors with a request for comment on the proposed deletions at least 60 days prior to the proposed date of deletion. The Department shall consider all such comments and may not delete classifications unless such deletions are in the best interest of the state. Classifications may be added to the published prequalification list based on requests from contracting agencies, from contractors and subcontractors and from periodic evaluations of changes and developments in the construction industry. The Department shall decide whether or not to add a classification(s) within 60 days from the date of a request to expand the list of published prequalification classifications. The Department's decision shall be based on changes and developments in the construction industry, the nature and scope of pending or anticipated large public works contracts that may require prequalification and the identification of classifications that may result in the enhanced quality of large public works contracts. The list of prequalification classifications shall be maintained on the World-Wide Web, the address of which shall be published in all bid documents and applications for prequalification.

3.4 The Department shall not be required to accept applications for annual prequalification for classifications not listed in the forms and procedures provided to applicants, but may do so if such acceptance is in the best interest of the State of Delaware.

Notes

19 Del. Admin. Code § 4102-3.0