(a) The department will develop standards used to evaluate
a contractor's performance under a highway improvement contract, including
standards for conformance with the project plans and specifications
and recordkeeping requirements; compliance with the contract and industry
standards for safety; responsiveness in dealing with the department
and the public; meeting progress benchmarks and project milestones;
addressing project schedule issues, given adjustments, change orders,
and unforeseen conditions or circumstances; and completing project
on time. The department will develop an evaluation form to be used
by department employees in evaluating contract performance.
(b) The district engineer of the district in which
a project under a highway improvement contract, other than a building
contract, is located, or the Director of the Support Services Division
for building contracts shall evaluate the contractor's performance
under the contract. An interim evaluation shall be performed as necessary
and on each anniversary date of the contract if the project extends
for longer than one year. The district engineer for a highway improvement
contract, other than a building contract, or the Chief Administrative
Officer for a building contract shall approve any final evaluations
on the completion of the project. Only final evaluations will be used
to determine whether the contractor's contract performance meets the
department's requirements.
(c) If the contractor's performance on a project is
below the department's acceptable standards for contract performance,
the district engineer or the Director of the Support Services Division,
as applicable, may work with the contractor to establish a recovery
plan for the project. The established project recovery plan will be
used to correct significant deficiencies in contractor performance.
The district engineer or the Director of the Support Services Division,
as applicable, will monitor and document the contractor's compliance
with the established project recovery plan.
(d) District engineers for a highway improvement contract,
other than a building contract, or the Chief Administrative Officer
for a building contract will submit each evaluation performed under
this section and each established project recovery plan and resulting
documentation to the division of the department that is responsible
for monitoring the contract.
(e) The division that receives evaluations of a contractor
under subsection (d) of this section periodically will review the
final evaluations of that contractor that were completed during the
review period, or if fewer than 10 final evaluations were completed
during the review period, up to 10 of the most recent final evaluations
completed within the previous three-year period. If the average of
the final evaluations reviewed in this period is below the department's
acceptable standards for contract performance, the division will send
a notice to the contractor and request that the contractor submit
to the division for approval a proposed corrective action plan that
will be used to correct significant deficiencies in the performance
in all of contractor's projects. The division, in consultation with
the department's Chief Engineer for a highway improvement contract,
other than a building contract, or Chief Administrative Officer for
a building contract, may modify the proposed corrective action plan
and adopt a final plan. The division promptly will send the adopted
corrective action plan to the contractor.
(f) For the 120-day period beginning on the day that
the adopted corrective action plan is sent under subsection (e) of
this section, the division will monitor the contractor's active projects
to determine whether the contractor is meeting the requirements of
the adopted corrective action plan or if there are no active projects,
the division will monitor the contractor's next available projects.
Before making a determination under this subsection, the division
must consider and document any events outside a contractor's control
that contributed to the contractor's failure to meet the performance
standards or failure to comply with the corrective action plan. If
at the end of the 120-day period contract performance remains below
the department's standards for contract performance, the division
will notify the contractor and forward to the Performance Review Committee
all of the information that it has, which includes at minimum all
final evaluations, any adopted corrective action plans, and any information
about events outside a contractor's control contributing to the contractor's
performance.
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