POLICY 4-3.2 PRE-QUALIFICATION OF GENERAL CONTRACTORS
The Montgomery County School
Board may utilize a general contractor pre-qualification procedure as
authorized by Virginia Code § 2.2-4317 and expressly approves Regulation 4-3.6
as its pre-qualification questionnaire to be used in all
pre-qualifications. In regard to each
construction project for which the School Board pre-qualifies general
contractors, the School Board shall provide information to all interested
contractors detailing the pre-qualification information required and the
timelines for providing such information.
The division superintendent or his/her designee shall develop the
appropriate pre-qualification application packet for such request.
ACCOMPANYING
REGULATION
REGULATION 4-3.6 STANDARD
FORM FOR CONTRACTOR’S STATEMENT OF QUALIFICATIONS
TABLE OF CONTENTS
I.
General Information
II.
Bonding
III.
Judgments
IV.
Convictions and Debarment
V.
Compliance
VI.
Experience
VII.
Signatures
VIII. Notary
1. Submitted
to:
Address:
2. Name of Project Submitted for:
3. Type of
work you wish to qualify for:
a. General Construction
b. Mechanical
c. Electrical
d. Other
4.
Contractor’s Name:
5. Contractor’s Mailing Address:
6. Contractor’s Street Address (if not the
same as mailing address):
7. Telephone Number:
8.
Facsimile Number:
9. Contact
Person:
10. Contact
Person’s Telephone Number:
11. State
Contractor’s License Number:
12. Designated employee registered with the
Virginia Board of Contractors:
13. Check Type of organization:
a. Corporation
b. Partnership
c. Individual
d. Joint Venture
e. Other
14. If a corporation, provide the following
information:
a. State of incorporation:
b. Date of incorporation:
c. Federal I.D. #:
d. Officers:
Name Years in Position
President:
Vice-President:
Secretary:
Treasurer:
e. Are you a Subchapter S corporation? ___ Yes ___ No
15. If a
partnership, provide the following information:
a. Date organized:
b. Type of partnership:
c. List of General Partners:
Name: Telephone Number Years as a G.P.
16. If individually owned, provide the following information:
a. Years in business:
17. Have
you ever operated under another name?
___ Yes ___ No
If yes, provide the following
information:
a. Other name:
b. Number of years in business under this name:
c. Commonwealth of Virginia License number under this
name:
END GENERAL
INFORMATION
II. Bonding
Please have your bonding company execute a statement similar to the one example in Attachment Number Two and attach the completed and signed statement as Attachment Number Two to this completed statement.
1.
Bonding
Company’s Name:
2. Bonding Company’s Address:
3. Representative (Attorney-in-fact):
4. Is the Bonding Company listed on the United
States Department of the Treasury list of acceptable surety companies?
___
Yes ___
No
5. Is the Bonding Company licensed to transact
fidelity and surety business in the Commonwealth of Virginia?
___
Yes ___ No
III. Judgments
In the last ten (10) years, has your organization or
any officer, director, partner or owner had judgments entered against it or
them (individually or in combinations) for the breach of contracts for
construction?
___ Yes ___ No
If yes, on a separate attachment, please state the
person or entity against whom the judgement was entered. Give the location and date of the judgement,
describe the project involved, and explain the circumstances relating to the
judgement, including the names, addresses and telephone numbers of persons who
might be contacted for additional information.
END JUDGEMENTS
IV. Convictions and Debarment
If you answer yes to any of the following, on a
separate attachment please state the person or entity against whom the
conviction or debarment was entered, give the location and date of the
conviction or debarment, describe the project involved, and explain the
circumstances relating to the conviction or debarment, including the names,
addresses and telephone numbers of persons who might be contacted for
additional information.
1. In the past ten (10) years, has your
organization or any officer, director, owner, partner, project manager,
procurement manager or chief financial officer of your organization:
a. Ever been fined or adjudicated of having
failed to abate a citation for building code violations by a court or local
building code appeals board?
___ Yes ___ No
b. Ever been found guilty of charges relating to conflicts of interest?
___ Yes ___ No
c. Ever
been convicted on criminal charges relating to contracting, construction,
bidding, bid rigging or bribery?
___ Yes ___ No
d. Ever been convicted: (I) under Va. Code §
2.2-4367, et seq. (Ethics in Public Contracting); (ii) under Va. Code §
18.2-498.1 et seg. (Va. Governmental Frauds Act); (iii) under Va. Code §
59.1-68.6 et seq. (Conspiracy to Rig Bids); (iv) of a criminal violation of Va.
Code § 40.1-49.4 (enforcement of occupational safety and health standards); (v)
of charges relating to the employment of illegal aliens on construction
projects; (vi) of a criminal violation of the Environmental Protection Act (as
administered by the federal government); or (vii) of violating any
substantially similar federal law or law of another state?
___ Yes ___ No
2. Is your organization
or any officer, director, partner or owner currently debarred from doing
federal, state or local government work for any reason?
___ Yes ___ No
END CONVICTIONS AND DEBARMENT
V. Compliance
If you answer yes to any of the following, on a
separate attachment please give the date of the termination order or payment,
describe the project involved, and explain the circumstances relating to same,
including the names, addresses and telephone numbers of persons who might be
contacted for additional information.
1. Has your organization:
a. Ever been terminated on a contract for cause?
___ Yes ___ No
b. Within the last five (5) years made payment
of actual and/or liquidated damages for failure to complete a project by the
contracted date?
___ Yes ___ No
2. Has your organization, in the last three
(3) years, received a final order for willful and/or repeated violation(s) for
failure to abate issued by the United States Occupational Safety and Health
Administration or by the Virginia Department of Labor and Industry or any other
government agency?
___ Yes ___ No
3. Have any Performance or Payment Bond claims
ever been paid by any surety on behalf of your organization?
___ Yes ___ No
4. Has your organization been more than thirty (30) days late, without good cause, in achieving the contracted substantial completion date where there was no liquidated damage provision on more than two (2) projects in the last three (3) years; and/or, has your organization finally completed a project more than ninety (90) days after achieving substantial completion on two (2) or more projects in the last three (3) years for reasons within the control of your organization?
___ Yes ___ No
5. Has your organization received more than
two (2) cure notices on a single project in the past two (2) years and/or more
than one (1) cure notice on five (5) separate projects in the past five (5)
years?
___ Yes ___ No
6. Has your organization had repeated instances
on a project of installation and workmanship deviations that exceeded the
tolerances in the standards referenced in the contract documents?
___ Yes ___ No
END COMPLIANCE
VI.
Experience
If your organization has multiple offices, provide
the following information for the office that would handle projects under this
pre-qualification. If that office has
limited history, list its experience first.
1. Attach a list of
all projects, giving address, size and dollar value for each that your
organization has completed within the last five (5) years. Provide for each the name, address and
telephone number for the owner’s and the architect’s contact or representative.
2. Attach a list of
your organization’s projects in progress, if any, at the time of this
statement. At a minimum, provide
project names and addresses, contract amounts, percentages complete and contact
names, addresses and telephone numbers for the architect and the owner for each
project.
3. Describe
on a separate attachment how your organization would staff this project.
4. Provide, as an
attachment, a brief resume for the project manager and the superintendent most
likely to be assigned to this project.
Describe for each the background and experience that would qualify him
or her to be a project manager or superintendent for this project. Include in the resumes at least three (3)
similar or comparable projects on which the proposed project manager and the
proposed superintendent have served in that capacity or positions of similar or
comparable responsibility within the last five (5) years. Provide the names, addresses and telephone
numbers of the owner’s and of the architect’s contact person for each project.
5. If this statement
is for a particular project, identify three (3) projects from those listed in
items 1 and/or 2 above that are most relevant or similar to the project for
which you are seeking pre-qualification.
At a minimum, provide on a separate attachment the following information
for each project (in the following format):
Project Name:
Final or Current Contract
Amount:
Scope of Project (gross square
feet, height, number of stories plus sub-surface levels, total cost):
Owner’s Name:
Address:
Contact:
Telephone Number:
Architect’s Name:
Address:
Contact:
Telephone Number:
Project description, i.e.,
function of building and component building subsystems:
END EXPERIENCE
VII. Signatures
The undersigned certifies under oath that the
information contained in this Statement of Qualifications and attachments
hereto is complete, true and correct as of the date of this statement.
_________________________________________________
(Name of entity submitting this statement of
qualifications)
_________________________________________________
By:
_________________________________________________
Name of Signer (please type or print)
_________________________________________________
Signature
_________________________________________________
Title
_________________________________________________
Date
VIII.
Notary
State of ________________________,
County/City of _____________________________.
Subscribed and sworn to
before me this _____ day of ______________, 20__.
Notary Public Signature: _____________________________________
My commission expires:
Notary Seal:
END
SIGNATURES & NOTARY
ATTACHMENT
NUMBER ONE:
The following are the basis for determining
eligibility for pre-qualification at the owner’s sole discretion after review
and consideration of the dates, facts and circumstances of the information
provided herein, including information provided in pages prior to this notice
and in attachments made hereto:
I. Bonding
Contractor can secure bonding for this project in an
amount equal to or greater than the amount established by the owner or his/her
representative from a surety company (1) listed in the United States Department
of Treasury, Federal Register, Circular 570; Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies; and (2) licensed to transact fidelity and surety business in the
Commonwealth of Virginia.
II.
Experience
A. Firm Experience:
The contractor or the
contractor’s office that will handle this project has undertaken at least three
(3) construction projects of similar or comparable scope within the last five
(5) years. The projects shall be sufficiently comparable so that the owner may
conclude that the contractor is familiar with and capable of handling the
project described in the pre-qualification.
B. Key Personnel Experience:
1. Proposed Project Manager:
The project manager most
likely to be assigned to this project has served as project manager on at least
three (3) construction projects to similar or comparable scope within the last
five (5) years. This experience shall
include the construction of at least one (1) similar or comparable project as
an occupied addition/renovation.
Equivalent or comparable experience may be considered at the owner’s
sole discretion; however, it shall be sufficiently similar so that the Owner
may conclude that the proposed project manager is familiar with and capable of
handling the project described in the pre-qualification.
2. Proposed Project Superintendent:
The project superintendent
most likely to be assigned to this project has served as project superintendent
on at least three (3) construction projects of similar or comparable scope
within the last five (5) years. Equivalent
or comparable experience may be considered at the owner’s sole discretion;
however, it shall be sufficiently similar so that the owner may conclude that
the proposed project superintendent is familiar with and capable of handling
the project described in the pre-qualification.
III.
Judgements:
Any judgement(s), whether one or several, entered
against the contractor for breach of contract for construction within the past
ten (10) years may be grounds for denying pre-qualification, at the owner’s
sole discretion, after due consideration of the date(s), facts and
circumstances.
The Contractor:
- in the last three (3)
years has received a final order for failure to abate or for a willful
violation by the US OSHA or by the Virginia Department of Labor and Industry or
any other government agency; or,
- has paid liquidated damages for failure to complete a project by
the contracted date on more than two (2) projects in the last five (5) years;
or,
- has paid actual damages for failure to complete a project by the
contracted date on more than two (2) projects in the last five (5) years; or,
- has been terminated for cause on a contract in the last five (5)
years; or,
- was more than thirty (3) days late, without good cause, in
achieving the contracted substantial completion date where there was no
liquidated damage provision on more than two (2) projects in the last three (3)
years; or,
- has received more than two (2) cure notices on a single project
in the past two (2) years and/or more than one (1) cure notice on five (5)
separate projects in the past five (5) years; or,
- has had repeated instances on a project of installation and
workmanship deviations that exceeded the tolerances in the standards referenced
in the contract documents. Documentation
of such instances shall be the written reports and records of the owner’s
representatives on the project; or,
- has finally completed a project more than ninety (90) days after
achieving substantial completion in two (2) or more projects in the last three
(3) years, for reasons within the contractor’s control. Documented delay of delivery of material
necessary to perform remaining work or seasonal conditions that bear on
performing the work or operating specific equipment or building systems shall
be considered in mitigation; or,
- has had performance or payment bond claims paid on its behalf in
the last three (3) years.
IV. Convictions:
Any of the following may be grounds for denying
pre-qualification, at the owner’s sole discretion, after due consideration of
the date(s), facts and circumstances.
The contractor or any officer, director, project
manager, procurement manager, chief financial officer, partner or owner of the
construction company in the past ten (10) years:
- has been convicted on charges relating to conflicts of interest;
or,
- has been convicted on charges relating to any criminal activity
relating to contracting, construction, bidding, bid rigging or bribery; or,
- has been convicted on charges relating to employment of illegal
aliens on construction projects; or,
- has been convicted: (I) under Va. Code Section 2.2-4317 et seq.
(Ethics in Public Contracting); (ii) under Va. Code Section 18.2-498.1 et seq.
(Va. Governmental Frauds Act); (iii) under Va. Code Section 59.1-68.6 et seq.
(Conspiracy to Rig Bids); (iv) of a criminal violation of Va. Code Section
40.1-49.4 (enforcement of occupational safety and health standards); (v) of a
criminal violation of the Environmental Protection Act (as administered by the
federal government); or (vi) of violating any substantially similar federal law
or law of another state.
V.
Debarment:
The following may be grounds for denying
pre-qualification, at the owner’s sole discretion, after due consideration of
the date(s), facts and circumstances:
The contractor or any
officer, director, project manager, procurement manager, chief financial
officer, partner or owner of the construction company in the past ten (10)
years has been debarred by any agency or political subdivision of the
Commonwealth of Virginia, by any agency of the United States government or by
any agency of another state.
END ATTACHMENT NUMBER ONE
LEGAL REFERENCE: Code of Virginia, 1950, as amended, § 2.2-4317