Performance reports described in this
section, substantially in the format as that appearing at WAC
, will be completed for
prime contractors only for projects valued at one hundred thousand dollars 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
adjectival ratings are established for performance reports:
(b) Above standard
(d) Below standard
The performance report shall be used in evaluating a contractor's
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
(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
(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 twenty 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 certified mail with a return
receipt requested. 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 forty-five 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 certified mail (return receipt requested) within twenty 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
(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 ten 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 certified mail within sixty
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
(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."
DOT Form 421-010 is authorized.
Click Here To
To View Image