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

May 24, 2018

CONTRACTOR PERFORMANCE

Draft Sunset Rule Changes

May 24, 2018

Sunset Bill (SB 312) – Contractor Performance

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Liq iquid idated D Dam amag ages

• Schedule for Liquidated

Damages (LDs) that includes administrative and road user costs

• Significant project defined
• Project-specific LDs for

significant projects that accurately reflect the costs

Contract ctor E Evaluation

• Evaluation form – quality,

safety, timeliness

• At least annually/ project

completion

• Division averages scores for

portfolio of contractor’s projects

• Corrective Action Plan (CAP) if

average score below threshold

• If fail to meet CAP, goes to

Performance Review Committee (PRC)

• Default or major failure may

result in immediate referral to PRC

Contract R Remed emedies

• Updating potential remedies

in specifications and contract administration manual (CCAM)

• Triggers established for review

by Performance Review Committee [Default, Failure to meet Project Recovery Plan]

• Performance Review

Committee may recommend reducing bid capacity, prohibit from bidding on a project, temporary suspension from bidding

Imp mprovem emen ents focus on ensuring c communicat ation and accountability

May 24, 2018

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

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May 24, 2018

Key Requirements Met

The f followi wing ke key requi uire rement nts were m met i in est establis ishin ing these se proposed sed rules: es:

included criteria for identifying projects that have a significant impact

• n the traveling public

ensured contractual provisions providing for the consideration of sufficient time established communication channel to consider any events outside a contractor’s control before assessing a penalty against the contractor 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

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