CONTRACTOR PERFORMANCE Draft Sunset Rule Changes May 24, 2018 - PowerPoint PPT Presentation

CONTRACTOR PERFORMANCE Draft Sunset Rule Changes May 24, 2018

Sunset Bill (SB 312) – Contractor Performance Imp mprovem emen ents focus on ensuring c communicat ation and accountability Liq iquid idated D Dam amag ages Contract ctor E Evaluation Contract R Remed emedies • Schedule for Liquidated • Evaluation form – quality, • Updating potential remedies Damages (LDs) that includes safety, timeliness in specifications and contract administrative and road user administration manual (CCAM) • At least annually/ project costs completion • Triggers established for review • Significant project defined by Performance Review • Division averages scores for Committee [Default, Failure to • Project-specific LDs for portfolio of contractor’s meet Project Recovery Plan] significant projects that projects accurately reflect the costs • Performance Review • Corrective Action Plan (CAP) if Committee may recommend average score below threshold reducing bid capacity, prohibit • If fail to meet CAP, goes to from bidding on a project, Performance Review temporary suspension from Committee (PRC) bidding • Default or major failure may result in immediate referral to PRC May 24, 2018 2

Performance Review Committee  Contractor Evaluation Workgroup established the Performance Review Committee to address performance issues based on quality, safety, and timeliness  Performance Review Committee has the authority to make the following 5 recommendations: – Take no action – Reduce the contractor’s bidding capacity – Prohibit the contractor from bidding on one or more projects – Immediately suspend the contractor from bidding for a specified period – Recommend that the Commission not award contract to contractor May 24, 2018 3

Key Requirements Met The f followi wing included criteria for identifying projects that have a significant impact on the traveling public ke key requi uire rement nts ensured contractual provisions providing for the consideration of were m met i in sufficient time est establis ishin ing these se established communication channel to consider any events outside a proposed sed contractor’s control before assessing a penalty against the contractor rules: es: included criteria for the use of the evaluations by the department to address contractor performance problems provided a process for contractors to appeal the contractors’ evaluations May 24, 2018 4