Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2400 - Division of Transportation Solutions
2408 - Performance-Based Contractor Evaluation Procedures
Section 2408-4.0 - Performance Evaluation Procedures
Universal Citation: 2 DE Admin Code 2408-4.0
Current through Register Vol. 28, No. 3, September 1, 2024
4.1 Timing of Performance Evaluations
4.1.1 For projects that have an original
contract time of 240 calendar days or less, a Performance Evaluation will be
made no later than 60 calendar days after substantial completion or completion
of the final punchlist work, whichever occurs first. Performance Evaluations
will continue to occur every six months until the final estimate is
paid.
4.1.2 For projects with an
original contract time greater than 240 calendar days and less than 365
calendar days, a Performance Evaluation will made at approximately 50%
completion. An additional Performance Evaluation will be made no later than 60
days after substantial completion or completion of the final punchlist work,
whichever occurs first. Performance Evaluations will continue to occur every
six months until the final estimate is paid.
4.1.3 For projects with an original contract
time longer than 365 calendar days, Performance Evaluations will be made every
six months. An additional Performance Evaluation will be made no later than 60
days after substantial completion or completion of the final punchlist work,
whichever occurs first. Performance Evaluations will continue to occur every
six months until the final estimate is paid.
4.2 Performance Evaluations will be completed in accordance with the following steps:
4.2.1
Each Performance Evaluation will be initiated and completed by the Department
employee in charge of administering the contract (the "Evaluator") specified by
the Department at the preconstruction meeting.
4.2.2 The Performance Evaluation will be
reviewed for approval by the Department employee (the "Reviewer") specified by
the Department at the preconstruction meeting.
4.2.3 Upon approval, the completed
Performance Evaluation will be submitted to the primary point of contact for
the Contractor, as specified by the Contractor at the time of the
preconstruction meeting, for review.
4.2.4 The Contractor will have ten (10)
business days to exercise the following options:
4.2.4.1 Accept the Performance
Evaluation;
4.2.4.2 Request a
meeting in writing to propose changes to the Performance Evaluation to the
Secretary's designee in charge of Construction as specified by the Department
at the preconstruction meeting (the "Review Meeting").
4.2.5 Within two (2) business days of receipt
of a request for a Review Meeting, the Secretary's designee in charge of
Construction shall schedule the Review Meeting with the requesting Contractor.
The review meeting shall be held no more than ten (10) business days after the
date of the request, unless the Contractor and the Secretary's designee in
charge of Construction mutually agree in writing to a later date.
4.2.6 The purpose of the Review Meeting will
be to discuss the Performance Evaluation and the Contractor must bring any and
all supporting documentation or witnesses required to support any changes the
Contractor is requesting to the Performance Evaluation.
4.2.7 Within ten (10) business days after the
Review Meeting, the Secretary's designee in charge of Construction shall make a
determination in writing (the "Determination") to accept any of the
Contractor's changes and revise the Performance Evaluation, or to leave the
Performance Evaluation as written.
4.2.8 Upon receipt of the Determination, the
Contractor may:
4.2.8.1 Accept the Performance
Evaluation;
4.2.8.2 Appeal in
accordance with subsection 8.3 of this regulation.
4.2.9 If no action is taken by the Contractor
within ten (10) business days after the receipt of the Determination then the
Performance Evaluation will be considered final.
4.3 For contracts with multiple locations, such as open-end contracts and indefinite delivery-indefinite quantity (IDIQ) contracts, Performance Evaluations will be made at the frequency described in subsection 4.1 of these regulations. The Department will aggregate multiple locations under such contracts in one Performance Evaluation as reasonably practicable.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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