Section 1680-05-03-.05 - DETERMINATION OF PREQUALIFICATION STATUS(1) Review of Applications.(a) All applications for prequalification, including applications for the renewal of prequalification, shall be submitted to the Prequalification Office as provided in Rule 1680-5-3-.04 above.(b) The Prequalification Office will review each prequalification application for completeness. Incomplete applications will be returned to the applicant for additional information without a determination of the applicant's prequalification status.(c) The Prequalification Office will review each completed prequalification application and such additional information as the Prequalification Office may request or the applicant may provide for the purpose of evaluating whether the applicant is responsible and qualified to perform work within the work classification(s) for which the applicant seeks prequalification. The evaluation will be made in consideration of: 1. The amount, variety and quality of the applicant's prior work experience, including the prior work experience of the applicant's key personnel, if requested;2. The availability to the applicant of the equipment needed to perform the work required in such work classification(s);3. The Department's performance evaluations of the applicant, if available;4. The financial responsibility of the applicant, the applicant's affiliates, and any business firms with which any partner, owner, officer, or authorized representative is or has been associated;5. The business integrity and responsibility of the applicant, the applicant's affiliates, and any partner, owner, officer, or authorized representative of the applicant;6. The environmental record of the applicant, the applicant's affiliates, and any partner, owner, officer, or authorized representative of the applicant;7. The completeness and accuracy of the applicant's prequalification application; and8. Any other information the Prequalification Office may have requested, received or examined with respect to the applicant's responsibility and qualifications.(2) Determination of Prequalification Status. Based on the Prequalification Office's review and evaluation of the applicant's prequalification application, the Director of Construction shall either:
(a) Deny the applicant's request for prequalification in any or all of the work classification(s) for which the applicant seeks to be prequalified, or(b) Approve the applicant's request for prequalification in any or all of the work classification(s) for which the applicant seeks to be prequalified. An approved prequalification may be either general or limited, as follows:1. General Prequalification. - An applicant that obtains an approved general prequalification will be eligible to submit a proposal for contract and perform work as a contractor or subcontractor under any Department contract pertaining to the construction, improvement and/or maintenance of roads and bridges that is within the applicant's approved work classification(s).2. Limited Prequalification. - Based on an applicant's request and/or limitations in an applicant's work experience, equipment, prior work performance, financial responsibility and/or other factors evaluated by the Prequalification Office, the Director of Construction may approve only a limited prequalification. An applicant that obtains an approved limited prequalification will be eligible to submit a proposal for contract only up to a maximum bid amount and/or the applicant may be restricted in the number and/or aggregate amount of Department contracts it will be eligible to perform as a contractor at any given time, or the applicant may be restricted to participate only as a subcontractor, as determined by the Director of Construction.3. Waiver. - The Director of Construction may waive any restriction(s) established in a limited prequalification on a project-by-project basis. A request for waiver of a limited prequalification must be submitted to the Director of Construction at least fourteen (14) days prior to the date for opening bids for any project on which the applicant wishes to submit a proposal to the Department. Denial of a request for a waiver is not appealable under this chapter.(c) Determination of Affiliations. - Based on the information provided in the prequalification application and such additional information as the Department may request or the applicant may provide, the Director of Construction shall also make a determination as to whether an applicant shall be deemed an affiliate of another applicant or of a previously prequalified bidder or subcontractor.(3) Reservations. - Notwithstanding the foregoing or any other provision of this chapter, the Department reserves the right: (a) To modify, revoke or restrict a general or limited prequalification or temporarily disqualify a prequalified bidder or subcontractor, as provided in these rules;(b) To suspend, debar or otherwise exclude a prequalified bidder, contractor or subcontractor, as provided in the Department's rules governing contractor debarment and suspension, Chapter 1680-5-1, which shall not be appealable under this chapter; and/or(c) To establish more restrictive special prequalification requirements in the proposal form for a particular project, which shall not be appealable under this chapter;(4) Notice of Prequalification and Affiliation Status.(a) A decision to deny prequalification or to limit an applicant's prequalification status shall be delivered to the applicant in a written notice signed by the Director of Construction. The written notice shall document the reason(s) for denying a prequalification request in whole or part and/or the reason(s) for issuing a limited prequalification instead of a general prequalification.(b) A determination that an applicant shall be deemed an affiliate of another applicant or of a previously prequalified bidder or subcontractor shall be delivered to the applicant in a written notice signed by the Director of Construction. The written notice shall document the reason(s) for finding that the applicant is in affiliation with such other person or entity.(c) Delivery of the written notice may be made in the original via certified or overnight mail or hand delivery, or delivery may be made by copy sent via facsimile or electronic mail, if available (in which case the original shall also be sent by regular mail). The notice will be deemed to have been received by the applicant as of the date the notice is delivered to the applicant's place of business by any one of these methods, whichever is earliest.(d) All approved prequalifications will be posted on the Construction Division's website at www.tdot.state.tn.us/construction. The website address of the Construction Division may be subject to change without amendment of these rules.(5) Appeals. - The determination of an applicant's prequalification or affiliation status may be appealed to the Commissioner by following the appeal procedure established in Rule 1680-5-3-.08 below.Tenn. Comp. R. & Regs. 1680-05-03-.05
Original rule filed July 18, 2006; effective October 1, 2006.Authority: T.C.A. §§ 54-5-117 and 4-3-2303.