(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.