New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 400 - PREQUALIFICATION AND BIDDING PROCESS
Part Tra 401 - PREQUALIFICATION OF CONTRACTORS - CLASSIFICATION AND RATING OF PROSPECTIVE BIDDER
Section Tra 401.10 - Request for Proposal

Universal Citation: NH Admin Rules Tra 401.10

Current through Register No. 40, October 3, 2024

(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.

#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

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