N.H. Admin. Code § Tra 401.05

Current through Register No. 45, November 7, 2024

Section 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.

N.H. Admin. Code § Tra 401.05

#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

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12400, Effective 10/4/2017, Expires 10/4/2027.