TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 27 HIGHWAY
CONSTRUCTION GENERAL PROVISIONS
PART 5 CONTRACTOR
PREQUALIFICATION RULE
18.27.5.1 ISSUING
AGENCY: The New Mexico department of transportation,
PO Box 1149, Santa Fe, New Mexico, 87504-1149.
[18.27.5.1
NMAC - Rp, 18.27.5.1 NMAC, 6/8/2021]
18.27.5.2 SCOPE: This rule applies to the New Mexico
department of transportation construction projects and to all contractors and
subcontractors seeking or anticipating the performance of work within project
limits.
[18.27.5.2
NMAC - Rp, 18.27.5.2 NMAC, 6/8/2021]
18.27.5.3 STATUTORY
AUTHORITY: Section 13-1-82
NMSA 1978 13-1-133 to -134 NMSA 1978, 67-3-2, 67-3-11, 67-3-14, and 67-3-43
NMSA 1978, 23 USC Section 112(b), 23 CFR Sections 635.110 and 635.114.
[18.27.5.3
NMAC - Rp, 18.27.5.3 NMAC, 6/8/2021]
18.27.5.4 DURATION: Permanent.
[18.27.5.4
NMAC - Rp, 18.27.5.4 NMAC, 6/8/2021]
18.27.5.5 EFFECTIVE
DATE: June 8, 2021, unless a later date
is cited at the end of a section.
[18.27.5.5
NMAC - Rp, 18.27.5.5 NMAC, 6/8/2021]
18.27.5.6 OBJECTIVE: To establish policies and procedures for a
determination of responsibility through a contractor prequalification system
that directly rewards good performers and encourages poor performers to
improve.
[18.27.5.6
NMAC - Rp, 18.27.5.6 NMAC, 6/8/2021]
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.
[18.27.5.7
NMAC - Rp, 18.27.5.7 NMAC, 6/8/2021]
18.27.5.8 PREQUALIFICATION
PROCEDURE: To obtain
prequalified status, the current version of the prequalification packet must be
obtained from the office of inspector general through use of the department
website. Each contractor and
subcontractor seeking to become prequalified shall submit its prequalification
packet and any supporting information to the department’s office of inspector
general as indicated in the prequalification packet. Untimely, incomplete and non-conforming
packets will not be processed.
A. Prequalified status will be granted
upon the approval of a timely, complete and conforming prequalification packet
by the office of inspector general.
B. An untimely,
incomplete, or nonconforming packet will result in delays affecting
prequalification status and will negatively impact the prime contractor’s
ability to bid on New Mexico department of transportation projects.
(1) Obtaining
prequalified status is a condition to submitting a bid. Prime contractors submitting a new
prequalification packet or renewal prequalification packet must be approved no
later than seven calendar days before the opening of any bid.
(2) A
prime contractor’s submitting a bid without timely obtaining prequalified
status shall result in a determination that its bid is non-responsive and the
bid shall be rejected.
C. Subcontractors,
at any tier, must obtain prequalified status before performing any work on the
project. Work performed without
prequalified status shall be non-compensable.
D. For prime contractors and
subcontractors who are currently prequalified by the effective date of this
rule the applicant will not need to submit a new prequalification packet until
the anniversary date of their last packet.
E. Within five
calendar days from the receipt of a prequalification packet the office of
inspector general will provide notice of receipt of the packet to the
contractor.
(1) If
the packet submitted is complete and conforming then the office of inspector
general will provide written notice to the applicant of approved prequalified
status.
(2) If
the packet submitted is incomplete or does not conform to the requirements then
the office of inspector general will provide written notice to the applicant
that the packet will not be processed until the packet is complete and conforms
to the requirements.
(3) The
date of the written notice of approved prequalified status shall establish
prequalification eligibility for a period of one year. Prequalified status
shall automatically terminate if not renewed prior to the expiration date
established by the written notice of approved prequalification status.
F. Renewal packets
shall be submitted no more than 30 calendar days before the expiration date on
the document published by the office of inspector general titled prequalified
contractors and subcontractors list.
Prequalified status shall automatically terminate for the failure to
submit a timely, complete and conforming renewal packet. Prequalified status shall be re-established
upon the approval of a complete and conforming renewal packet.
G. Appeal of the
denial of prequalification eligibility based upon the receipt of untimely,
incomplete or non-conforming packet shall be submitted in writing to the office
of inspector general with supporting documentation within seven calendar days
of the denial of prequalified status. If
the appeal is untimely the aggrieved party waives the right to appeal. The inspector general, or designee, will
issue a final written decision upholding or reversing the denial of
prequalified status within seven calendar days of the receipt of a timely
appeal. The inspector general’s decision
constitutes the final action taken by the office of inspector general related
to a denial of prequalified status under this section.
H. Obtaining
prequalification status, a performance factor, or a prequalification factor
rolling average does not grant a license to do business, a right to bid or to
be awarded a contract.
I. In the event a
contractor or subcontractor is suspended or debarred, its prequalification status
shall immediately and automatically terminate without further notice. In order to obtain renewed prequalification
status after a period of suspension or debarment a new complete and conforming
prequalification packet must be submitted and approved.
[18.27.5.8
NMAC - Rp, 18.27.5.8 NMAC, 6/8/2021]
18.27.5.9 DEFICIENT,
FALSE OR MISLEADING STATEMENTS:
Any deficient, deceptive, false, fraudulent or misleading statements in
the prequalification packet or incomplete affidavit may subject the offending
party to an automatic rejection or revocation of prequalified status,
suspension, debarment proceedings or other civil and criminal penalties under
the department rules and may be reported to the New Mexico attorney general and
the federal highway administration for further action.
[18.27.5.9
NMAC - Rp, 18.27.5.9 NMAC, 6/8/2021]
18.27.5.10 LICENSING: Only contractors licensed in New Mexico may
perform highway construction work for the department. The timing and requirements for licensure
appear in the invitation for bids for the project. All persons seeking additional information
should refer to the New Mexico CID rules and regulations and the Construction
Industries Licensing Act. Contractors
are not required to have the necessary construction industry licenses to submit
a prequalification packet.
[18.27.5.10
NMAC - Rp, 18.27.5.10 NMAC, 6/8/2021]
18.27.5.11 PREQUALIFICATION
CALCULATION: 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.
[18.27.5.11
NMAC - Rp, 18.27.5.11 NMAC, 6/8/2021]
18.27.5.12 POSTING,
REVIEW AND APPLICATION OF PREQUALIFICATION FACTOR: The following procedures will apply to the
posting, review and application of the prequalification factor:
A. The Pqfra will
be calculated once a year on prequalification projects closed between March first
of the previous year and the last calendar day in February of the current year.
B. The Pqfra will
be posted on the department’s website, in the office of inspector general
document titled prequalified contractors and subcontractors list, by the second
Friday in March.
C. The Pqfra will
be applied to a prime contractor’s bid(s) for prequalification projects in
accordance with the invitation for bids beginning with the May bid opening
until superseded by an updated Pqfra
D. The Pqfra may be
used to determine the modified bid amount.
E. A Pqfra may be
re-calculated and reposted at times other than the second Friday in March in
order to implement the decision of a hearing officer, a court order or a
required correction.
[18.27.5.12
NMAC - Rp, 18.27.5.12 NMAC, 6/8/2021]
18.27.5.13 ADMINISTRATIVE
REVIEW: This section governs the exclusive
administrative review procedure and remedy to address prequalification
calculations performed under 18.27.11 NMAC.
A. To protest the
department’s application of a prequalification score to a bid, the contractor
must follow the bidding dispute resolution procedures in the current edition of
the New Mexico Department of
Transportation Standard Specifications for Highway and Bridge Construction,
section 103.3.
B. Administrative
review of a prequalification calculation is available only for a contractor
seeking reconsideration of its own score.
The department shall reject a request for administrative review of
another contractor’s score.
C. To be considered
by the department, a request for administrative review shall strictly conform
in timing form and service of filing as provided in this section. Any request for administrative review that
does not comply with these directives may be rejected and deemed denied.
(1) Form: the request shall be in
writing. The request shall include a
plain statement of the issue, grounds for reconsideration, and requested
relief.
(2) Timing: The request for review shall be served within
10 days of the date the office of inspector general posts the prequalified
contractors and subcontractors list.
(3) Service: A request shall be served on the department
cabinet secretary with a contemporaneous copy provided to the office of
inspector general and the office of general counsel at the respective address
for each.
(a) A
request may be served in person, by certified mail, return receipt requested,
or by delivery by a nationally recognized courier. Service cannot be perfected and the
department shall not consider requests made by electronic mail or facsimile.
(b) Service
shall be made during the department’s normal business hours. Any service made after business hours will be
considered effective the next business day.
D. The department
cabinet secretary shall, within 10 days of receipt of a conforming request,
provide written notice to the contractor of the department’s decision resolving
the matter or submitting the matter to an informal hearing.
(1) Notice
of the election to refer the matter for an informal hearing shall designate a
neutral person or the cabinet secretary as the hearing officer.
(2) Notice
of the election submitting the matter to an informal hearing shall stay
application of the contractor’s Pqfra pending completion of the administrative
remedy.
E. The designated
hearing officer shall, within 10 days of the notice of appointment, provide
written notice of the scheduled informal hearing date, time and location.
(1) The
notice of hearing will be provided to the parties no later than seven calendar
days before the chosen hearing date.
(2) The
hearing officer has the discretion to determine the location of the hearing and
whether telephonic or video appearance will be allowed.
(3) No
continuances of the hearing will be granted except as determined by the hearing
officer.
(4) The
hearing officer shall set the deadlines and method for pre-hearing submittals
no later than three business days before the hearing.
F. The informal
hearing shall be a hearing on the record.
The hearing officer will conduct the hearing as informally as is
practicable to facilitate fact-finding.
The formal rules of civil procedure, formal discovery processes and the
formal rules of evidence shall not apply to the conduct of the informal
hearing.
(1) The
hearing officer shall determine the degree of formality of the hearing, the
total time allotted for the informal hearing and how the time will be
apportioned between the parties.
(2) Legal
representation is not required but any party may choose to have legal counsel
present. Legal counsel is prohibited
from testifying but may offer opening or closing statements.
(3) The
contractor has the burden of proof to show by substantial evidence the department
incorrectly performed the prequalification factor calculation.
(4) A
party may call its own witnesses to provide relevant testimony but may not
subpoena or cross-examine witnesses. The
hearing officer shall have the exclusive authority to question any party or
witness.
(5) A
party may provide written documents to the hearing officer, including relevant
laws, rules, regulations, specifications to support the party’s position, at
least three business days prior to the hearing date. Presentation of such
evidence shall be made electronically to the hearing officer and opposing
party, whenever practicable. During a
hearing, a party may offer additional written evidence to the hearing officer
with copy to opposing party. Such
evidence may be added to the record at the hearing officer’s discretion.
(6) Before
concluding the hearing, the hearing officer may hold the proceeding open for
three days after the hearing date for receipt of supplemental evidence,
material or closing statements. When directed,
parties may timely supplement the record after the hearing by providing such
materials to the informal hearing officer and the opposing party.
G. The hearing
officer’s final written decision concludes the administrative remedy and
constitutes the department’s final agency action on the matter.
(1) The
hearing officer shall issue the written decision within seven calendar days of
the conclusion of the administrative hearing proceedings unless the deadline is
otherwise extended by the hearing officer.
The deadline for issuing the determination shall not exceed twenty-one
calendar days from the conclusion of the hearing proceedings or April 30,
whichever occurs first.
(a) To
reach a decision, the hearing officer may use any reliable information, no
matter the source. If the hearing
officer uses information not provided by either party that information shall be
entered into the record and the use of that information will be documented in
the written decision.
(b) In
the written decision, the hearing officer will make findings concerning the
credibility of witness testimony and the reliability, significance and
sufficiency afforded the evidence on the record.
(2) The
hearing officer shall be responsible for maintaining a record of the evidence and
proceeding during the administrative review.
After completion of the decision, the hearing officer shall provide the
department with a certified copy of the record.
The administrative record shall be maintained by the department for
seven years after the date of the decision on the matter.
H. The department
shall implement the hearing officer’s decision for the May bid openings.
(1) If
a party remains aggrieved by the hearing officer’s decision that party may seek
judicial review.
(2) Judicial
review shall be an appellate, record review and must be brought in the first
judicial district court.
(3) If
the matter is submitted to judicial review, each party shall bear its own costs
and attorney fees.
[18.27.5.13
NMAC - Rp, 18.27.5.13 NMAC, 6/8/2021]
18.27.5.14 PREQUALIFICATION
COMMITTEE: Members of the prequalification committee
will be designated by the department’s cabinet secretary and shall meet
annually to review the prequalification process. Any information reported by a prime
contractor or subcontractor during the prequalification process may be reviewed
by the prequalification committee to determine responsibility. The cabinet secretary has the exclusive
authority to determine the department threshold applicable to project
lettings. The committee may make
recommendations to the cabinet secretary for adjusting the department threshold
for application of Pqfra to project bid lettings.
[18.27.5.14
NMAC - Rp, 18.27.5.14 NMAC, 6/8/2021]
18.27.5.15 PREQUALIFICATION
FOR CONSOLIDATED CORPORATIONS, MERGED CORPORATIONS, AND JOINT VENTURES: The following prequalification packet
procedure and Pqfra will apply to consolidated corporations, merged
corporations and joint ventures:
A. For a
consolidated or merged corporation pursuant to Section 53-14-6 NMSA 1978, or a
similar statutory provision, the new corporation must be prequalified no later
than seven calendar days before the opening of any bid. The Pqfra score of the surviving corporation
will be the highest Pqfra of the individual corporations.
B. Each prime
contractor participating in the joint venture must be individually prequalified
seven calendar days before bid opening to join forces as a joint venture for
bidding and performing work related to a single project. The joint venture itself need not prequalify.
(1) The
joint venture shall file with the office of inspector general at least seven
calendar days before the opening of any bid a completed statement of joint
venture form. The most current version
of the statement of joint venture form must be obtained from the New Mexico
department of transportation website.
(2) For
joint ventures the higher value of all joint venture applicant’s Pqfra will be
used for the modified bid amount.
(3) Each
prime contractor participating in the joint venture will receive a compass form
for the project to be used in calculating the prime contractor’s individual
prequalification factor.
[18.27.5.15
NMAC - Rp, 18.27.5.15 NMAC, 6/8/2021]
18.27.5.16 ADOPTION
OF THE NEW MEXICO STATE DEPARTMENT OF TRANSPORTATION CURRENT EDITION OF THE
STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION: This rule adopts by reference the current
edition of the New Mexico Department
of Transportation Standard Specifications for Highway and Bridge Construction,
as amended by this rule.
[18.27.5.16
NMAC - Rp, 18.27.5.16 NMAC, 6/8/2021]
HISTORY OF 18.27.5 NMAC:
Pre-NMAC History: None
History of the Repealed Material:
18
NMAC 27.5, Highway Construction General Provisions-Contractor
Prequalifications, filed 11/13/1998. This was a temporary rule expiring 120 days
from effective date of 11/30/1998.
18.27.5
NMAC, Contractor Prequalification Rule, (filed 12/07/2000) repealed and
replaced by 18.27.5 NMAC, Contractor Prequalification Rule, effective
01/01/2015.
18.27.5
NMAC, Contractor Prequalification Rule, (filed 12/16/2014) repealed and
replaced effective 6/8/2021.
Other
History:
18.27.5 NMAC, Contractor Prequalification Rule
(filed 12/16/2014) replaced by 18.27.5 NMAC, Contractor Prequalification Rule
effective 6/8/2021.