Current through Register Vol. 35, No. 18, September 24, 2024
Prequalification calculations shall only be applied to those
prequalification projects, which the contractor performed pursuant to a
contract with the department and obtained prequalification project closure
status documented by a completed compass form. The department will gather prime
contractor performance data from each prequalification project upon
prequalification project closure. The data collected will be used to calculate
a yearly prequalification factor. The department may apply prequalification
factor rolling average calculations as a responsibility evaluation to evaluate
prime contractor bids for award of department projects, as indicated in the
invitation for bids.
A. The
performance factors are claims, disincentives, liquidated damages,
non-conformance, and safety.
(1) Pf claim data
will be documented on the compass form and will be collected from the
department's closed project records.
(2) Pf disincentive data will be documented
on the compass form and will be collected from the department's closed project
records indicating whether disincentives were assessed based on calculations in
the applicable standard specifications.
(3) Pf liquidated damages data will be
documented on the compass form and will be collected from the department's
closed project records indicating whether liquidated damages were
assessed.
(4) Pf non-conformance
data will be documented on the compass form and will be collected from the
department's closed project records indicating whether non-conformances were
assessed.
(5) Pf safety data will
be the contractor's experience modifier rating as reported on its
prequalification packet.
B. The performance factors are assigned
percentage values within the yearly prequalification factor calculation.
(1) The percentage associated with claims is
fifteen percent.
(2) The percentage
associated with disincentives is thirty percent.
(3) The percentage associated with the
liquidated damages is thirty percent.
(4) The percentage associated with
non-conformances is twenty percent.
(5) The percentage associated with safety is
five percent.
C. Pf
claim or Pfc is calculated in the following manner:
(1) Claims that are not pursued subsequent to
the cabinet secretary administrative remedy level or to a public works
mediation held pursuant to the public works mediation act, section
13-4C-1
NMSA 1978, will not be included in the calculation for Pf claim.
(2) For claims that a contractor pursues
beyond the cabinet secretary administrative remedy level, and for which the
department receives service of process of a summons and complaint or a request
for arbitration, a binary system will be used to assign a value of zero or one
to evaluate claims.
(a) Claims resolved for
more than the value offered by the department at the cabinet secretary
administrative remedy level will be assigned a value of zero.
(b) Claims resolved for less than or equal to
the value offered by the department at cabinet secretary administrative remedy
level will be assigned a value of one.
(3) Pf claim is calculated by adding the
number one to the outcome of the sum of the claim value divided by the sum of
closed projects.
(4) Pf claim
resulting in a value of one will be assigned a bonus value for Pf claim equal
to 0.9.
(5) Pf claim will then be
multiplied by the percentage associated with Pf claim. The resulting value will
be incorporated into Pqfyr.
D. Pf disincentive or Pfd is calculated in
the following manner:
(1) For each closed
project:
(a) Sum paid and accepted applicable
contract items.
(b) Sum paid and
accepted applicable contract items less applicable contract
disincentives.
(c) Divide the total
of Subparagraph (a) by the total of Subparagraph (b).
(d) If Subparagraph (a) is equal to zero,
Subparagraph (c) will be assigned a value of one.
(e) If the result of Subparagraph (c) is
exactly one with paid and accepted applicable contract items, Subparagraph (c)
will be assigned a value equal to 0.9.
(2) Sum all closed projects of Subparagraph
(c) in a given year and divide by the count of closed projects resulting in
Pfd.
(3) Pf disincentive will then
be multiplied by the percentage associated with Pf disincentive. The resulting
value will be incorporated into Pqfyr.
E. Pf liquidated damages or Pfld has two
separate methods of calculation one for mandatory completion date projects and
one for calendar or working day projects:
(1)
For mandatory completion date projects liquidated damages equivalence is
calculated:
(a) Subtract the mandatory
completion date including any awarded time from the notice to proceed date to
equate to a whole number.
(b)
Subtract the actual completion date from the notice to proceed date to equate
to a whole number.
(c) Divide the
total of Subparagraph (b) by the total of Subparagraph (a) of Paragraph (1) of
Subsection E of this section.
(d) A
resulting value less than or equal to one from Subparagraph (c) of Paragraph
(1) of Subsection E of this section will be assigned a bonus value equal to
0.9.
(2) For calendar or
working day projects liquidated damages equivalence is calculated:
(a) Sum of the total days charged.
(b) Sum of the total days
contracted.
(c) Divide the total of
Subparagraph (a) by Subparagraph (b).
(d) A resulting value less than or equal to
one from Subparagraph (c) will be assigned a bonus value equal to
0.9.
(3) Pf liquidated
damages for a given year is calculated from all project liquidated damages. Pf
liquidated damages is the sum of liquidated damages equivalence for mandatory
completion date, calendar or working day projects divided by the count of
closed projects resulting in Pfld.
(4) Pf liquidated damages will then be
multiplied by the percentage associated with Pfld. The resulting value will be
incorporated into Pqfyr.
F. Pf non-conformance or Pfn is calculated in
the following manner:
(1) Sum the number of
progress payments per project.
(2)
Sum the number of progress payments without non-conformance.
(3) Divide Paragraph (1) by Paragraph
(2).
(4) A resulting value of one
for Paragraph (3) will be assigned a bonus value equal to 0.9.
(5) Sum all closed projects of Paragraph (4)
in a given year and divide by the count of closed projects resulting in
Pfn.
(6) Pf non-conformance for a
given year will then be multiplied by the percentage associated with Pfn. The
resulting value will be incorporated into Pqfyr.
G. The performance factor for safety or Pfs
is the contractor's experience modifier rate supplied annually by the
contractor at the time of submission of the prequalification packet.
(1) Pfs for a given year is the numerical
value of the contractor's experience modifier rate.
(2) If the experience modifier is equal to or
less than one the Pfs is assigned a value of 0.9.
(3) The experience modifier rate is
multiplied by the percentage associated with Pfs. The resulting value will be
incorporated into Pqfyr.
H. The contractor's yearly performance factor
or Pqfyr is the sum of the individual performance factors multiplied by their
associated percentages.
I. The
equation is Pqfyr=Pfc*fifteen percent+Pfd*thirty percent+Pfld*thirty
percent+Pfn*twenty percent+Pfs*five percent.
J. The contractor's prequalification factor
rolling average will be denoted as Pqfra, which will be calculated through the
use of a rolling average covering a period of three years. Each rolling average
year will be assigned a weighting factor and will be multiplied by the
appropriate weighting factor starting with the most recent year.
(1) The equation for Pqfra = ((Pqfyr 1 * 0.9)
+ (Pqfyr 2 * 0.6) + (Pqfyr 3 *0.3)) / (0.9+0.6+0.3). A contractor's overall
Pqfra is the sum of Pqfyr 1 through Pqfyr 3, each multiplied by the appropriate
weighting factor, is divided by the sum of all weighting factors to result in
the contractor's overall Pqfra.
(a) Pqfyr 1,
the most recent year, will be multiplied by the weighting factor of
0.9.
(b) Pqfyr 2, the first
preceding year. will be multiplied by the weighting factor of 0.6.
(c) Pqfyr 3, the second preceding year, will
be multiplied by the weighting factor of 0.3.
(d) In the absence of data for any given
year, a contractor's Pqfyr will be assigned a value of one.
(2) All equations and calculations
whether interim or final will be rounded to the thousandths place.
(3) After all rounding has occurred any Pqfra
that has an assigned value of less than or equal to 0.94 will, then, be
assigned a value of 0.94, for the purposes of calculating the modified bid
amount.
K. The resulting
Pqfra calculation will be the final department determination of a contractor's
most recent Pqfyr and Pqfra calculations.
L. The department may reset the Pqfra
calculation for all contractors in the event the Pqfyr equation is amended.
(1) Upon reset all contractor scores will be
set to one.
(2) The department may
implement the reset by setting Pqfyr 1 to cover a period of performance not to
exceed two years.
(3) The new
calculation will apply to those prequalification projects let after the
effective date of the amendment.
