New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS
Part 5 - CONTRACTOR PREQUALIFICATION RULE
Section 18.27.5.7 - DEFINITIONS

A. This rule adopts the abbreviations, symbols and definitions in the division 100-general provisions of the current edition of the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction and incorporates the same by reference.

B. CID is the abbreviation of construction industries division.

C. Compass form means the New Mexico department of transportation form generated at prequalification project closure that documents certain contractor performance measurement data.

D. Department means the New Mexico department of transportation.

E. Innovative contracting is an alternate form of competitive bidding consistent with federal and state procurement laws that can result in work being awarded to a responsible bidder that did not submit the lowest monetary bid.

F. Modified bid amount means the contractor's bid multiplied by the contractor's prequalification factor rolling average or Pqfra. The modified bid amount will be used solely for determining the apparent lowest responsible bidder. The modified bid amount will not be used for payment.

G. Packet or prequalification packet means the current New Mexico department of transportation contractor prequalification application form issued by the office of inspector general and completed by a contractor or subcontractor.

H. Performance factor or Pf means the numerical quantification of a contractor's past performance on closed projects for certain objectively measureable criteria.

I. Pf claim or Pfc means the performance measurement of a contractor's unsuccessful demand for reconsideration of a claim, pursued beyond the cabinet secretary administrative remedy level final determination through recourse to litigation or arbitration subsequent to an unsuccessful public works mediation.

J. Pf disincentive or Pfd means the performance measurement of a contractor's quality of work for certain contract items related to pavement and structures work where the materials are subject to laboratory testing by both the contractor and department or quality-based price reductions. Applicable project contract items for Pf disincentive are governed by division 400, 500, and 900 quality criteria, as established in the current edition of the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction and as may be amended by special provision.

K. Pf liquidated damages or Pfld means the performance measurement of a contractor's timely completion of the contract.

L. Pf non-conformance or Pfn means the performance measurement of a contractor's compliance with the terms and conditions of the contract.

M. Pf safety or Pfs means the performance measurement of a contractor's safety reflected by the contractor's experience modifier rate or emr provided by the contractor's bonding company.

N. Prequalification factor rolling average or Pqfra means the final measure of responsibility that may be applied to a contractor's bid resulting in a modified bid amount.

O. Prequalification factor year or Pqfyr means the yearly calculation of a contractor's performance factors.

P. Prequalification factor or Pqf means the overall mathematical analysis of the performance factors that measure contractor responsibility.

Q. Prequalification project means a major construction project that is let through the plans specifications and estimates bureau of the department, as a competitive sealed bid procurement resulting in a contract executed by the department. The definition of prequalification project expressly excludes maintenance and other construction services work procured by any other means, including but not limited to, multiple source award, price agreement, sole source, qualification-based, design-build, job order contracting or small purchase procurement methods.

R. Prequalification project closure for purposes of the application of the prequalification calculation means the date of physical completion of the project as established in the current edition of the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, section 109.10.8, which is documented on the compass form.

S. Responsibility means an objective determination made by the department, based on past performance, of the contractor's capability in all respects to perform fully and make satisfactory delivery of the requirements of the contract including the integrity and reliability that will assure good faith performance.

T. Rolling average means a calculation to analyze data points by creating a series of averages of different subsets of the full data set.