(1) All Prospective Contractors must submit
an application under oath on forms to be furnished by the office of the
Prequalification Committee in order to receive a Certificate of Qualification.
The application must be filed at least ten (10) days prior to the opening of
any bids the Prospective Contractor proposes to submit and must include the
following:
(a) A Financial Statement. In
submitting the Financial Statement, the Prospective Contractor will abide by
the following:
(i) If a Prospective
Contractor's adjusted net worth is Seven Hundred Fifty Thousand Dollars
($750,000) or less, the Prospective Contractor must submit a Compiled Financial
Statement, Reviewed Financial Statement or Audited Financial
Statement.
(ii) If a Prospective
Contractor's adjusted net worth is greater than Seven Hundred Fifty Thousand
Dollars ($750,000) but less than Seven Million Five Hundred Thousand Dollars
($7,500,000), the Prospective Contractor must submit a Reviewed Financial
Statement or Audited Financial Statement.
(iii) If a Prospective Contractor's adjusted
net worth is greater than Seven Million Five Hundred Thousand Dollars
($7,500,000), the Prospective Bidder must submit an Audited Financial
Statement.
(b) A
statement as to major plant and equipment used for transportation projects and
a statement for all other property, plant and equipment used in the business,
such as buildings, furniture and fixtures and leasehold improvements; the
statement shall give details as to type, age and condition of all property,
plant and equipment;
(c) A
statement as to organization, which shall develop the adequacy of such
organization, including key personnel, and any and all affiliated companies to
undertake a project in the classification desired subject to the following:
(i) In a Parent-Subsidiary relationship where
the Parent and the Subsidiary are to be prequalified separately, the Parent and
the Subsidiary must submit separate Financial Statements for prequalification
purposes.
(ii) In Parent-Subsidiary
relationships where both the Parent and the Subsidiary are to be prequalified
separately, the investments in the Subsidiary must be deducted from the assets
of the Parent in computing the adjusted net worth of the Parent.
(iii) A Parent company must list any and all
Subsidiary companies prequalified with the Department, the dollar amount of the
investment in each Subsidiary and the method of carrying the investment on the
Financial Statement.
(d)
A statement as to prior and current experience of the Prospective Contractor,
its principal officers and key employees which shall show the number of years
each identified officer or key employee has been engaged in the contracting
business and shall further disclose generally their experience over that
period;
(e) A statement which shall
give an accurate and sufficient record of principal work on which the
Prospective Contractor has been engaged in the past three (3) years, both in
Georgia and elsewhere, as a contractor of record, or work done under
subcontract, giving the name of projects under taken, the type of work, the
location, the contract amount and the name of the contracting agency. In case
of work done by subcontract, the prime contractor will be named;
(f) A statement which shall list in detail
any liens, stop notices or claims filed against the Prospective Contractor on
any project within the past five (5) years. This statement shall also disclose
any failure or failures to complete a contract or contracts, and any penalties
imposed by reason of any contract undertaken and determined to be in
noncompliance with pertinent statutes within the said five (5) year period. The
Prospective Contractor shall explain in detail all such items;
(g) A statement as to whether or not the
Prospective Contractor or any of its officers, executives or members has been
convicted or entered a guilty plea in a court of competent jurisdiction within
the two (2) years prior to the date of application of violation of any State or
Federal statute concerning the restraint of trade;
(h) A statement setting forth any other
relevant, pertinent, and material facts that will justify the Maximum Capacity
rating desired;
(i) A statement
agreeing to comply with Rule
672-5-.17"Conduct in Bidding
Department Contracts or Submitting Quotes to Bidders on Department
Contracts";
(j) A statement which
shall list the specific area of class/classes of work for which the Prospective
Contractor is qualified;
(k) A
statement of specific geographic location within the State which lists the
Department district in which the Prospective Contractor will typically
bid;
(l) A certification by the
Prospective Contractor that it is not currently suspended or debarred by
another state or federal governmental entity or has not been voluntarily
excluded in another state or federal governmental entity and that no state or
federal governmental entity has instituted any action to suspend or debar the
Prospective Contractor. The Application of any Prospective Contractor who is
currently suspended or debarred by another state or federal governmental entity
or who has been voluntarily excluded in another state or federal governmental
entity, regardless of whether the Prospective Contractor intends to bid on
state or federally funded projects, will be rejected. The Application must
further contain the certification that, if at any time during the period that a
Prospective Contractor maintains a Certificate of Qualification, an action is
instituted by a state or federal governmental entity to suspend or debar the
Prospective Contractor, or the Prospective Contractor becomes voluntarily
excluded in another state or federal governmental entity, the Prospective
Contractor will immediately notify the Department's Director of Construction;
and
(m) Provide proof of any
insurance or self-insurance for workers compensation insurance and general
liability insurance to be supplemented on a yearly basis.
(2) All Persons proposing to bid on
Department work for the performance of any contract less than or equal to Two
Million Dollars ($2,000,000) as a prime contractor must be registered as a
Subcontractor as provided for in Rule
672-5-.11.
(3) The Prequalification Committee may, upon
proper notice, require a Contractor who already has been qualified under these
Rules to file a new application at anytime that the Prequalification Committee
deems it necessary for a Contractor to bring its statements up-todate. Such
application shall be filed within thirty (30) days after the Committee's
request and failure on the part of the Contractor to comply may be grounds for
disqualification pursuant to Rule
672-5-.15.
(4) The Department reserves the right to
require an application which may include a request for additional information
or documentation for qualification for certain projects designated prior to the
letting regardless of the value of the contract.
(5) A Prospective Contractor shall submit
Applications for Qualification, as provided herein, at least once every two (2)
years or on such intermediate occasions as may be deemed necessary by either
the Prospective Contractor or the Prequalification Committee. The Prospective
Contractor must submit an updated Application for Qualification when it has
sold twenty-five percent (25%) or more of its assets.
O.C.G.A. §§
32-2-2, 32-2-66, 50-13-4.
