prime contractor performance
TRANSCRIPT
PRIME CONTRACTOR PERFORMANCESunset Rule Changes
Transportation Code, Sec. 223.012. Contractor Performance.
The commission shall adopt rules to:
develop a contractor performance evaluation process and an evaluation tool that:
– allows for the review of contractor bidding capacity to ensure that contractors meet each quality, safety, and timeliness standard established by the commission; and
– contains criteria for modifying a contractor’s bidding capacity for competitively bid highway improvement contracts when appropriate.
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Transportation Code, Sec. 223.012. Contractor Performance.
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Prime Contractor Evaluation ToolThe commission shall adopt rules to:
develop a contractor performance evaluation process and an evaluation tool that:
– allows for the review of contractor bidding capacity to ensure that contractors meet each quality, safety, and timeliness standard established by the commission; and
– contains criteria for modifying a contractor’s bidding capacity for competitively bid highway improvement contracts when appropriate.
Form 2707, “Contractor Evaluation Form”
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Three categories, with three questions each:
Quality
Safety
TimelinessScores (1–3) should consider whether the contract provided sufficient time, as well as any events outside the contractor’s control.
PRIME CONTRACTOR PERFORMANCE EVALUATION PROCESS
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Prime Contractor Evaluation Flow Chart
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District Actions
Division Actions
PRC Actions
Prime Contractor Evaluation Flow Chart – District Actions
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Contractor completes project or is scheduled to receive interim evaluation
Area Engineer completes Form 2707
Final – Meet with contractor, escalating eval as needed
Finished
Interim – Meet with contractor, escalating eval as needed
Score at or Above 2.0Request Project
Recovery Plan
Score Below 2.0
Performance Improves
Finished
Does Not Meet Expectations
Refer to PRC
DefaultDivision Advises
Prime Contractor Evaluation Process – District Actions
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SiteManager Entry
Transportation Code, Sec. 223.012. Contractor Performance.
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Prime Contractor Evaluation ToolThe commission shall adopt rules to:
develop a contractor performance evaluation process and an evaluation tool that:
– allows for the review of contractor bidding capacity to ensure that contractors meet each quality, safety, and timeliness standard established by the commission; and
– contains criteria for modifying a contractor’s bidding capacity forcompetitively bid highway improvement contracts when appropriate.
Prime Contractor Evaluation Flow Chart
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District Actions
Division Actions
PRC Actions
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Prime Contractor Evaluation Flow Chart – Division Actions
Division runs quarterly report on FINAL evals for all contractors.
Contractor Average at or Above 2.0
Finished
Contractor Average Below 2.0
Division Requests Corrective Action Plan
Performance Improves
Finished
Does Not Meet Expectations
Refer to Performance Review Committee
Performance Review Committee
Performance Review Committee – high-level group recommends actions for Deputy Executive Director’s decision.
5 possible 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 not awarding contract to contractor12
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Prime Contractor Evaluation Flow Chart – PRC Actions
PRC reviews full portfolio of contractor’s work.
Chief Engineer reviews recommendation.
Deputy Executive Director reviews recommendation and makes determination.
Finished
Directs No Further Action
Recommends Action
Concurs with Recommended
Action
Recommends No Action
Recommends No Action
Chief Engineer notifies PRC and contractor and implements action.
Directs ActionContractor may appeal to Executive Director within 15 days of notification.
Three Paths to Performance Review Committee
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• Chief Engineer reviews recommendations and forwards concurrence to Deputy Executive Director • Deputy Executive Director determines actions• Contractor may appeal actions to Executive Director within 15 days of communication of action to
contractor.
Division conducts statewide quarterly review – average of contractor’s 10 most recent final evaluations
If contractor average falls below threshold, Division requires a Corrective Action Plan
Contractor has 120 days to improve performance
If Corrective Action Plan is not met, Division refers contractor to Committee
District requires Project Recovery Plan
If Project Recovery Plan is not met, or if the contractor is defaulted or , District refers contractor to Committee and notifies Division
Activities given in current Highway Improvement Contract Sanctions (43 TAC §9.107) that do not relate to default, ethics, or timeliness
Failure to execute a contract after award, unless contractor honors bid guaranty
Commission rejection of two or more bids by the contractor in the preceding 36 months due to contractor error
Project-Specific Portfolio Extra-Contractual
Transportation Code, Sec. 223.012. (Other Requirements)
The commission must consult with industry contractors
The adopted rules must:
–Provide an appeals process
–Include criteria for evaluations
–Give consideration of sufficient time
–Give consideration to events outside a contractor’s control
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Summary
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Sunset Commission Report – Require TxDOT to conduct contractor evaluations and consider past performance in determining bid capacity
Transportation Code §223.012 – TxDOT must develop a contractor performance evaluation process and an evaluation tool to ensure that contractors meet each quality, safety, and timeliness standard
Legislative Mandate
Collaborative – TxDOT and industry succeed together.
Use the evaluation as a tool for communication.
– If there are problem areas, use the interim to communicate how to get back on track.
– There should be no surprises on the final.
In case of major failure, PRC can take immediate action.
Another Tool in the Toolkit
DO NOT DISCLOSE – Attorney General opinion required
Treat evaluation forms like Form 599.
All forms must remain at the district with the project records.
Consultants may not copy or retain a completed evaluation form for their records.
Open Records
Division staff is here to help!
Construction – Carlos Rodriguez, Carmen Grasoi-Garcia, Eduardo Acosta
Maintenance – Alanna Bettis, Missy Lowe
Division Support
Questions?
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Gina Gallegos, PE Tucker Ferguson, PECST Division Director Beaumont District Engineer(512) 416-2501 (409) [email protected] [email protected]