New
Hampshire Department of Transportation
7
Hazen Drive
CHAPTER Tra 400 PREQUALIFICATION
AND BIDDING PROCESS
PART Tra 401 PREQUALIFICATION
OF CONTRACTORS - CLASSIFICATION AND RATING OF PROSPECTIVE BIDDER
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; amd by #6044, eff 6-1-95;
ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
(a) The requirements contained in Tra 401 shall apply to all those who intend to enter the
competitive bidding process seeking award of a contract advertised by
the department.
(b)
Unless exempted herein, only those contractors prequalified under this
part shall be eligible to become bidders on contracts advertised by the
department.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff
6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.03 Definitions.
(a)
"Bidding crime" means any act prohibited by state or federal
law and committed in any jurisdiction, involving fraud, conspiracy, collusion,
lying or material misrepresentation with respect to bidding on any contract,
public or private.
(b)
"Commissioner" means the commissioner of the New Hampshire
department of transportation, or his or her authorized agent.
(c)
“Contract” means a written agreement between the state and a contractor
setting forth the obligations of the parties under the contract, including, but
not limited to, the performance of the work and the basis of payment, and any
supplemental documents identified in the contract or incorporated into the
agreement.
(d)
"Contractor" means an individual, partnership, limited
liability company, association, corporation, subsidiary, or joint stock company
that performs contracting services, and its members, managers, officers,
shareholders, representatives, trustees, or receivers appointed by any court of
competent jurisdiction.
(e)
"Debar" means to preclude, revoke, or limit bidding privileges
for a specified period of time.
(f)
"Department" means the New Hampshire department of
transportation.
(g)
"Prequalification committee" means a committee from within the
department consisting of the prequalification administrator and 5 members of
the engineering staff as designated by the commissioner.
(h)
"Principal individual" means anyone who possesses sufficient
legal authority within a contractor to bind the organization contractually.
(i) “Prime contractor” means a contractor who
enters into a contract with the state for performance of work prescribed by the
contract.
(j)
"Public interest" means protecting the health and safety of
the citizens, curtailing negative financial impact to the state, assisting in
investigations, or promoting competitive bidding.
(k) “Subcontractor” means an
individual, partnership, limited liability company, association, corporation,
subsidiary, or joint stock company that performs contracting services, and its
members, managers, officers, shareholders, representatives, trustees, or
receivers appointed by any court of competent jurisdiction to whom the prime contractor sublets any portion of the
contracted work.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff
6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.04 Contractor
Information; Financial Statement.
(a)
Any contractor proposing to bid on projects advertised by the department
shall furnish a prequalification statement on forms available from the
department as described in Tra 401.05.
(b)
Any contractor proposing to bid on projects advertised by the department
shall furnish a financial statement meeting the following standards:
(1) The financial information shall be as of the
end of the contractor’s last completed fiscal year, provided that a 3-month
period following the close of a fiscal year shall be allowed for the
preparation of updated financial statements;
(2) All information other than financial
information contained in the statement shall be current as of the date of
filing; and
(3) Any adverse change in the financial condition
of the contractor since the date of the financial statement shall be indicated,
and a written explanation given for the change.
(c)
A contractor’s financial statement shall be accompanied by a report of
financial condition meeting the following standards:
(1) A contractor may elect to self
certify as to financial condition by providing financial information on
balance sheet forms provided by the department pursuant to Tra
401.05(b) if the contractor seeks prequalification to bid upon projects with a
value of less than $1,000,000;
(2) In all cases other than (1) above, the report
shall be prepared by an independent certified public accountant certified to
practice in New Hampshire, including the text of any footnotes to the financial
statements as prepared by the certified public accountant;
(3) The report shall be accompanied by a letter
expressing the unqualified opinion of the certified public accountant that the
report fairly and accurately expresses the financial condition of the
contractor as presented by management on the date of the report; and
(4) The report shall be based upon the following
levels of service by the certified public accountant:
a. For projects with an estimated cost of
$5,000,000 or more, the report shall be based upon an audit of the firm’s
financial condition;
b. For projects with an estimated cost between
$1,000,000 and $5,000,000, the report shall be based upon a review of the
firm’s financial condition; and
c. For projects with an estimated cost of less
than $1,000,000, the report shall be based upon a compiled financial statement.
(d)
All information furnished shall be used to determine a contractor's
classification and capacity rating in accordance with these rules. Information so supplied to the department
shall be held in strict confidence, and treated as confidential, commercial,
and financial information pursuant to RSA 91-A:5.
(e)
Except when prequalification statements and supplementary information
are the subject of litigation or an adjudicatory hearing, only the
commissioner, assistant commissioner, deputy commissioner, prequalification
committee, prequalification administrator, contracts administrator in the
absence of the prequalification administrator and, upon the contractor’s
request, the governor and council and department of justice shall have access
to the prequalification statements and supplementary information. Other than at the request of the contractor,
no reproduction shall be made of the prequalification submission, and no person
with access to the information shall redisclose the
information to any other person.
(f)
In order to open the bidding process to a broader field of bidders and
to assure competitive bidding, the prequalification process shall not apply in
instances where the project is simple in scope and common to the industry
including but not limited to simple carpentry or painting.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; amd by #6044, eff 6-1-95;
ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.05 Prequalification
Statement.
(a)
Any contractor proposing to bid on a project(s) advertised by the
department shall provide information in font size 10 or larger on the
“Prequalification Statement” form furnished by the department.
(b)
The applicant shall provide the following information on the
“Prequalification Statement” form:
(1) Complete legal business name of contractor
submitting statement;
(2) Complete legal business address;
(3) Date of submission;
(4) Telephone number;
(5) Classification requested from among the
following categories:
a. Road construction;
b. Guardrail construction;
c. Traffic signals;
d. Paving;
e. Bridge construction;
f. Bridge rehabilitation;
g. Bridge painting;
h. Covered bridges;
i. Marine construction;
j. Site work;
k. Building construction;
l. Building demolition;
m. HVAC work;
n. Electrical work;
o. Roofing;
p. Asbestos work; or
q. Other, as specified;
(6) Identification of the contractor, including:
a. Form of organization, including but
not limited to:
1. Corporation;
2. Partnership or limited partnership;
3. Limited liability company; or
4. Individual ownership;
b. Address of the organization;
c. Years organized under present business
name; and
d. Experience in the type of
construction work requested by applicant which shall include identification of
past and current projects performed as either the prime contractor or as a
subcontractor;
(7) Specifics of the organization of the
contractor as follows:
a. If a corporation:
1. Date of incorporation;
2. Place of incorporation, and whether in good
standing;
3. Name of president;
4. Name(s) of corporate officers of the rank of
vice-president or above;
5. Name of secretary;
6. Name of treasurer; and
7. Names of
persons or entities owning 10% or more of the corporation, and indication of
the percentage owned;
b. If a partnership or limited
partnership:
1. Date of organization;
2. Nature of partnership;
3. Names of all general and limited partners;
and
4. Addresses of all general and limited
partners; and
c. If a limited liability company (LLC):
1. Date of organization;
2. Place of creation, and whether in good
standing;
3. Name of the manager and any officers if a
LLC; and
4. Name of each
member owning 10% or more of the LLC and indication of the percentage owned;
(8) Listing of
any affiliation of the contractor organization, principal individual, officer,
or director with any other contractor or material supplier;
(9) Listing of all on-going projects, public and
private, as either a prime or subcontractor at date of filing indicating for
each project:
a. Contract amount;
b. Class of work, for example, site work,
road construction, and bridge construction;
c. Percentage completed;
d. Percentage sub-contracted;
e. Full name and address of the entity
that awarded the contract; and
f. Expected date of completion;
(10) Listing of completed contracts within the
past 3 years indicating for each contract:
a. Contract amount;
b. Class of work, for example, site work,
road construction, and bridge construction;
c. Percentage completed;
d. Percentage sub-contracted;
e. Full name and address of the entity
that awarded the contract; and
f. Date of completion;
(11) A statement as to whether the organization or
legal entity, its officers, or its partners have in the past 3 years been:
a. Found in a legal proceeding to be in
default of a contract, including the date and parties to the proceeding;
b. Claimed in a legal proceeding to be in
default of a contract, including the date and parties to the proceeding;
c. Put on notice that the legal organization
is in default of a contract, including the date of breach and parties to the
contract;
d. Formally accused of an antitrust
violation;
e. Formally accused of a bidding crime; or
f. Formally
accused of any charge that could lead to a debarment in NH or another
jurisdiction;
(12) A statement as to whether any officer,
partner or principal individual of the organization is in litigation for, or
has ever been convicted of an antitrust violation, the name of the individual,
and reason for the action;
(13) A statement as to the construction industry
experience of each principal individual in the organization including:
a. Individual's name;
b. Present position;
c. Number of years of construction
experience;
d. Value and type of work; and
e. The capacity in which the work was
performed or supervised;
(14) Dated financial report including the
following assets:
a. Cash on hand;
b. Notes receivable;
c. Accounts receivable;
d. Inventory;
e. Deposits for bids or guarantees;
f. Prepaid expense;
g. Cash value of life insurance on
principal individuals;
h. Stocks and bonds;
i. Investments;
j. Fixed assets, including:
1. Cost;
2. Accumulated depreciation; and
3. Book value;
k. Other assets; and
l. Names of persons or entities and
percentages accounting for notes receivable;
(15) Dated financial report including the
following liabilities and equity:
a. Notes payable;
b. Accounts payable;
c. Equipment lease and
purchase agreements;
d. Amount owed on equipment;
e. Real estate encumbrances;
f. Federal income tax provision;
g. Other liabilities;
h. Deferred income;
i. Capital stock paid up;
j. Contingent liabilities;
and
k. Names of persons or entities and
percentages accounting for notes payable;
(16) Information relating to the financial report,
including the preparer's:
a. Full name;
b. Complete address;
c. Telephone number; and
d. Whether prepared on the cash basis or
accrual basis;
(17) A certified copy of any written agreement
between the contracting legal entity and any other legal entity that guarantees
the obligations of either legal entity;
(18) Listing of construction equipment to be used
in performance of the work for which prequalification is sought, including
complete description and book value;
(19) Names and complete addresses of major
material suppliers and subcontractors with whom business was done within the
past 3 years;
(20) Names and addresses of the following
financial entities used by the contractor:
a. Bank;
b. Surety company; and
c. Insurance agent;
(21) Certification of non-collusion statement, as
required by federal regulations;
(22) Authorized signature and title; and
(23) Letter from bonding company indicating both
single and aggregate bonding limits.
(c)
An authorized officer, partner, member, manager or principal of the
legal entity or organization shall sign a sworn statement, under penalties of
perjury, that the information contained in the application is true and accurate
to the best of his/her information and belief.
The officer shall further attest that he or she is authorized to sign
the contract on behalf of the legal entity.
(d)
A prequalification application and supporting documents shall be filed
as follows:
(1) By mail to:
Bureau of
Contracts
7 Hazen Drive
PO Box 483
Concord, NH 03302;
(2) In person to:
Bureau of
Contracts
7 Hazen Drive
Concord, NH 03302; or
(3) Electronically by first contacting the
department for the correct email address in order to protect contractors’
confidential information.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; amd by #6044, eff 6-1-95;
ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.06 Time of Filing and Review.
(a)
Prequalification statements shall be filed with the department
annually. Prequalification status shall
expire one year and 3 months from the date of the financial statement filed as
part of the prequalification statement.
In no case shall a request for prequalification be accepted after the
tenth day before the day set for opening of bids for the project on which the
contractor under consideration intends to bid.
(b)
A request for prequalification shall not be considered by the committee
until a prequalification statement fully completed in accordance with Tra 401.05 and a financial statement fully completed in
accordance with Tra 401.04 have been submitted by the
contractor concerned. If the information
contained in any statement required under this part is insufficient, the
commissioner shall refuse to furnish such contractor with an official proposal
form for an advertised project.
(c)
The prequalification committee shall analyze the prequalification
statement and financial statement and obtain verification of the information
set forth in the statements. Obtaining
verification shall include, but not be limited to, such methods as requesting
written or oral references and evaluating past performance on state projects in
any capacity. The prequalification
committee shall request further clarification of information,
or a personal interview with the contractor, if necessary to evaluate the
prequalification statement and the financial statement.
(d)
The prequalification committee shall consider a request for the revision
of a prequalification rating at any time based upon the submission of
information showing increased financial ability, equipment, or ability to
perform work.
(e) The prequalification committee
shall consider the request of a debarred contractor to lift debarment at any
time based upon the submission of information to show that cause for
continuance of a debarment no longer exists.
Source. #4175, eff 12-1-86; amd by #4454, eff 7-1-88;
ss by #5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff
6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.07 Classification.
(a)
Contractors shall be classified by the prequalification committee into
one or more of the following areas of expertise:
(1) Road construction;
(2) Guardrail construction;
(3) Traffic signals;
(4) Paving;
(5) Bridge construction;
(6) Bridge rehabilitation;
(7) Bridge painting;
(8) Covered bridges;
(9) Marine construction;
(10) Site work;
(11) Building construction;
(12) Building demolition;
(13) HVAC work;
(14) Electrical work;
(15) Roofing;
(16) Asbestos work; and
(17) Other, as specified.
(b)
The prospective contractor shall indicate, at the place provided in the
statement, the particular area(s) of expertise in which the contractor desires
to prequalify.
(c)
Classification shall be awarded in one or more areas of expertise based
upon:
(1) All information provided in the
prequalification statement;
(2) The actual past experience of the contractor
in performance of work in one or more of the areas of expertise; and
(3) References received based upon past work which indicate a record of successful performance of
work as a contractor in that area of expertise.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.08 Capacity
Rating.
(a)
The prequalification committee shall determine annually the capacity
rating of a contractor.
(b)
Capacity rating means the bidder’s maximum bonding aggregate, and shall be the largest amount, expressed in
dollar volume, of work a contractor shall be judged capable of performing at
any time, either as prime contractor or subcontractor, regardless of the
location of the work and with whom it has contracted. The contractor shall be qualified by the
prequalification committee to bid on a project based upon the contractor’s
financial statement, contract value of work on hand and bonding limits, both
single and aggregate. The capacity
rating shall be subject to change during a year based upon updated information
received by the prequalification committee or upon application from the
contractor.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.09 Prequalification
Determination.
(a)
The prequalification committee shall use a combination of classification
and capacity rating to determine the qualification of proposed contractors to
bid on specific projects.
(b)
The dollar value of the contractor's incomplete work as either a prime
contractor or subcontractor shall be deducted from the capacity rating. The remainder shall be called the current
capacity rating. Final prequalification
determinations shall be expressed in terms of current capacity rating.
(c)
The department shall notify each applicant who is prequalified of the
amount of its current capacity rating and the classification of work on which
the applicant shall be eligible to bid during the year.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.10 Request
for Proposal.
(a)
Although sample copies of all project documents shall be released to the
public pursuant to RSA 91-A, no request for proposal forms to be filed as part
of an actual bid for a department project shall be provided to a prospective
bidder who is not prequalified, except as provided under Tra
401.04(f). A contractor shall not be
considered prequalified prior to filing the prequalification statement and
financial report or prior to determination of classification and capacity
ratings by the prequalification committee.
(b)
Proposals shall not be issued to a contractor if performance evaluation
reports show that on projects already under contract at the time of requesting
proposals, the contractor is making unsatisfactory progress on the work. Unsatisfactory progress shall include but not
be limited to a negative evaluation of timeliness of performance or quality of
work performed.
(c)
Prequalified contractors shall seek the issuance of a request for
proposal by completing, signing and submitting a “Request for Proposal” form,
available from the department, containing the following information:
(1) The contractors name, address, and telephone
number;
(2) Project name and number for which a request
is being made;
(3) Identification of the prime and
subcontractor; and
(4) Status of all work under contract as of the
date of the request which shall include:
a. Description of the
contract;
b. Identification and address of
the owner involved;
c. The amount of the contract;
d. The total value of uncompleted work in
dollar amount;
e. The total value of uncompleted work to be
performed by a subcontractor in dollar amount; and
f. The contract completion date.
(d)
The prequalification committee shall issue a “Request for Proposal” form
for use in actual bidding to a prospective bidder only if a review of the
prequalification statement and financial statement shows that:
(1) The current capacity rating of the contractor
exceeds the estimated value of the proposed contract;
(2) The bonding capacity of the contractor
exceeds the estimated value of the proposed contract;
(3) The contractor possesses sufficient equipment
and human resources to perform the work under the proposed contract as well as
the projects the contractor has under
current contract; and
(4) The contractor has in the past met or
exceeded contract performance expectations for a state contract:
a. In the same classification of expertise;
b. In the same or a similar location; and
c. For work of similar or greater complexity
as the proposed work for which the contractor has requested a proposal.
(e)
In instances when the contractor has no prior
project experience working with the department, the contractor shall be limited
to 2 or fewer projects, unless sufficiently determined by the department to be
capable of handling more projects based upon the contractor’s bonding capacity,
number of employees, net worth, the value of projects the contractor has
completed in the prior 3 years, and the estimate value, complexity and location
of the pending contract.
(f)
Request for proposal forms shall be labeled with the name of the bidder
and shall be non-transferable, except for a jointly prepared request for
proposal submitted in accordance with Tra 401.11.
Source. #4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.11 Joint
Qualification Rating.
(a)
When 2 or more prequalified contractors wish to combine all or a portion
of their assets for bidding on a project, they shall do so by filing with the
department a jointly prepared request for proposal.
(b) If a contractor applying for
prequalification is organized into more than one legal entity, the contractor
may obtain a larger capacity rating than would be available for the smaller of
the 2 legal entities if:
(1) The larger of the 2 legal entities supplies a
written guarantee for the legal obligations of the smaller entity who is the
prospective bidder;
(2) The guarantee includes all assets and
liabilities of the guarantor; and
(3) The guarantee holds the guarantor and the
prospective bidder responsible for the contract and actions of the prospective
bidder on the contract.
Source. #5677, eff 7-29-93; ss by #7013, INTERIM, eff
6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Tra 401.12 Denial of Prequalification
and Debarment; Right To A Hearing.
(a) The department shall deny prequalification to
a prospective contractor for any of the following reasons:
(1) The
applicant knowingly made materially false, deceptive, or fraudulent statements
either on the application, or at any conference with
the prequalification committee, or on any bid proposal form;
(2) The
applicant has been convicted of participating in anti-trust violations;
(3) The
applicant is currently debarred from performing work in any state or on federal
projects; or
(4) Other
factors are present which would materially affect the contractor's ability to
perform contractual responsibilities, including but not limited to poor
performance on previous contracts in any state or on federal projects.
(b) The department shall debar any prequalified
contracting firm, its affiliates, or subsidiary firms, or principal individuals
if the prequalification committee receives information from the contractor, a
governmental unit, or a public record that:
(1) The
contractor knowingly made materially false, deceptive or fraudulent statements
either on the application, at any conference with the prequalification
committee, on any bid proposal form, or on documents filed with the department
including but not limited to statement of hours worked, work performed,
finances, cost, equipment used/purchased, materials used, or payments made;
(2) The contractor has been convicted of
participating in anti-trust violations;
(3) A
contractor, or any of its principal individuals, has been convicted of any bidding
crime as a result of a jury or bench trial, any plea of guilty or nolo
contendere, any public admission of a contractor related to a bidding crime, or
any admission of a bidding crime written and signed or made under oath by an
unindicted co-conspirator;
(4) A
contractor, or any of its principal individuals, has been debarred by some
other state or federal agency for reasons substantially similar to those listed
above in preceding subparagraph (3) regarding bidding crimes;
(5) Other
factors of a serious and compelling nature are present which materially affect
the contractor's ability to perform its contractual responsibilities, including
but not limited to poor performance reflected in performance evaluations
created during the performance of the work on previous contracts; or
(6) A
contractor has failed or neglected to advise the department of a conviction
upon any bidding crime or debarment by any other state or federal agency within
30 days of such conviction or debarment.
(c) Any contracting firm, its affiliates or
subsidiary firms, or any principal individual considered for debarment shall be
formally notified by certified mail of the opportunity to request a hearing
pursuant to Tra 202 30 days prior to actual
debarment, provided that if necessary to protect the public interest in
situations involving threat to public health or safety, the committee shall
debar a contracting firm, its affiliates or subsidiary firms, or any principal
individual effective immediately, and hold a hearing pursuant to RSA 541-A:30,
III.
(d) The prequalification committee shall suspend
or otherwise delay inquiry into possible debarment if such inquiry might impede
state or federal investigations.
(e) If debarred, the term of debarment shall be 36
months, unless the prequalification committee determines that the reason for
debarment no longer exists, or that the debarred contractor has successfully
completed the terms of sentence, including probation responsibilities, for a
bidding crime.
(f) The prequalification committee shall extend
the debarment term beyond 36 months if any of the bases for debarment still
exist, and such bases continue to materially affect the contractor's ability to
perform contractual responsibilities.
(g) Debarment shall in no way affect the
obligation of a contracting firm to complete services already under contract.
(h) Any
debarred contracting firm, its affiliates or subsidiary firms, or any principal
individual shall not participate in any capacity on any project administered by
the state unless the terms of the debarment are limited to enable the
contractor to participate in activities not covered by the debarment order.
(i) A contractor shall be debarred by the
department based upon debarment in another state or by a federal agency, unless
after investigation and inquiry of the contractor, the debarring agency, and
any available outside sources, the department makes an exception to the
debarment requirement based upon the
circumstances involved, including:
(1) Whether the action for which the contractor
was disbarred would have resulted in disbarment in New Hampshire if the action had
occurred here;
(2) Whether the contractor has dismissed any officers
or employees who were responsible for the action that resulted in disbarment;
(3) The process involved with the debarment from
the other state or federal agency, including whether the debarment is being
appealed;
(4) Whether the state is experiencing a need that the
disbarred contractor is particularly suited to fill;
(5) Whether the contractor has met or exceeded
contract performance expectations for a contract in New Hampshire within the
past 5 years;
(6) Whether the disbarment was the result of a
unique instance of misconduct, as opposed to a pattern of misbehavior;
(7) The severity or lack of severity of the
conduct that resulted in disbarment in the other state or by a federal agency
suggest that a different penalty, if any, should apply in New Hampshire;
(8) Any other facts or conditions exist which
indicate the contractor will be able to successfully complete its work on
behalf of the state of New Hampshire; or
(9) Any other facts or conditions exist which would
indicate that the contractor will not continue to act in the manner that
resulted in disbarment.
Source.
#7176, eff 12-23-99; EXPIRED: 12-23-07
New.
#9452, eff 4-8-09; ss
by #12400, eff 10-4-17
Tra 401.13 Request
for Hearing.
(a)
Decisions of the prequalification committee with respect to the
following determinations may be appealed to the commissioner by filing a
request for hearing pursuant to Tra 202 and RSA
541-A:
(1) Classification;
(2) Capacity rating;
(3) Prequalification status;
(4) Denial of prequalification;
(5) Requests to revise prequalification status;
(6) Requests for joint qualification rating;
(7) Refusal to approve cross corporate guarantee;
(8) Suspension, revocation, or limitation on
prequalification; or
(9) Debarment.
(b)
A request for hearing shall be sent to:
Commissioner
New Hampshire
Department of Transportation
P.O. Box 483
Concord, NH
03302-0483
(c)
A request for hearing shall be in writing and made within 30 days from
the date of receipt of the decision by the applicant.
(d)
The filing of a request for hearing shall not stay the bidding process
on any proposed contract upon which an applicant has sought to be prequalified.
Source. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09; ss by #12400, eff 10-4-17
Appendix
Rule |
Statute Implemented |
Tra 401.01 |
RSA 228:4,
228:4-a |
Tra 401.02 |
RSA 228:4,
228:4-a |
Tra 401.03 |
RSA 228:4,
228:4-a |
Tra 401.04 |
RSA 228:4,
228:4-a, 91-A:5, IV |
Tra 401.05 |
RSA 228:4,
228:4-a |
Tra 401.06 |
RSA 228:4,
228:4-a |
Tra 401.07 |
RSA 228:4,
228:4-a |
Tra 401.08 |
RSA 228:4,
228:4-a |
Tra 401.09 |
RSA 228:4,
228:4-a |
Tra 401.10 |
RSA 228:4,
228:4-a |
Tra 401.10 (a) |
RSA 228:4,
228:4-a, 91-A:4, III-V |
Tra 401.10
(b)-(f) |
RSA 228:4,
228:4-a |
Tra 401.11 |
RSA 228:4,
228:4-a |
Tra 401.12 |
RSA 228:4,
228:4-a, 541-A:30, III |
Tra 401.13 |
RSA 228:4,
228:4-a, 541-A: 30 through 36 |