Oregon Bulletin

September 1, 2012

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Conditions of Prequalification.

Adm. Order No.: HWD 9-2012

Filed with Sec. of State: 7-19-2012

Certified to be Effective: 7-19-12

Notice Publication Date: 6-1-2012

Rules Amended: 734-010-0240

Subject: The Oregon Department of Transportation annually processes over 500 prequalification applications for prime contractors who want to bid on public improvement contracts, including any local government projects. OAR 734-010-0240(9) previously stated that prequalifications were valid from September 1 of each year until August 31 of the following year.

 ODOT has amended its rule to establish staggered prequalification renewal dates to monthly. Staggering the application renewals will level out the number of applications to review and spread the review over 12 months.

Rules Coordinator: Lauri Kunze—(503) 986-3171


Conditions of Prequalification

(1) Applicants must be prequalified in the class(es) of work designated in the special provisions for the specific project in which the applicant desires to bid on ODOT contracts.

(2) Prequalification applications must be received at ODOT’s address shown in the prequalification application at least 10 calendar days before the bid opening in which the applicant wishes to participate.

(3) If an applicant fails to complete the application as required or fails to submit the filing fee, ODOT will return the material submitted. Any changes or additional information required by ODOT must be submitted and signed by the same person that signed the original application. The changes and additional information must be attested to by a sworn affidavit. The applicant may send a new application that includes the changes or additional information required by ODOT.

(4) The date on which all required information has been received by ODOT’s Procurement Office -- Construction Contracts Unit will be considered the receipt date of the prequalification application.

(5) Each member of a Joint Venture must be prequalified, with at least one of the Joint Venture members prequalified in each of the project’s designated class(es) of work as defined in section (1) of this rule. A Joint Venture may be required to submit a joint venture agreement prior to award of the contract.

(6) Subcontractors are not required to be prequalified.

(7) All applicants desiring to prequalify shall:

(a) Complete and submit the Contractor’s Prequalification Application, in accordance with the directions contained therein, setting forth their qualifications to satisfactorily carry out the work to be performed. The prequalification application is available on the ODOT Procurement Office, Construction Contracts Unit website at http://www.oregon.gov/ODOT/CS/CONSTRUCTION/Prequalifications or from the ODOT Procurement Office – Construction Contracts Unit, 455 Airport Road SE, Building K, Salem, Oregon 97301-5348; and

(b) Submit a filing fee of $100. In accordance with ORS 200.055(7), ODOT may collect a filing fee from applicants to cover the costs of the Department of Consumer and Business Services in administering ORS 200.005 to 200.075 and 279A.105. The $100 fee must be submitted with the completed prequalification application to ODOT’s address shown in the prequalification application.

(8) ODOT shall notify an applicant of acceptance or denial of prequalification within 30 days after receiving applicant’s complete prequalification application and filing fee.

(9) Prequalification is valid until the first of the month following the one year anniversary of the date of the prequalification approval. Applicants must renew their prequalifications with the $100 filing fee annually.

(10) Current prequalified applicants whose prequalifications expire September 1, 2012 will be re-assigned an expiration date that is based on the first day of the month following the applicant’s Secretary of State business registration expiration date. The prequalification period for these applicants will be extended to the first day of the month following the re-assigned date matching the Secretary of State business registration expiration date.

(11) New prequalification applicants that apply for prequalification after October 1, 2012 will be assigned an expiration date that is one year from the first day of the month following approval of the prequalification application.

(12) Applicants shall update their prequalification application with ODOT when information changes. Any change to an applicant’s prequalification application must be received at ODOT’s address shown in the prequalification application at least 10 days prior to bid opening if that information affects the bid submitted. Any changes requested by the applicant must be submitted and signed by the same person that signed the original application or by a person holding the same position as the person that signed the original application. The changes must be attested to by sworn affidavit. There is no charge to update an existing prequalification for minor changes such as changing an address, company name, or adding or deleting class(es) of work. Major changes must be submitted by a new prequalification application.

(13) Sections (2) through (12) of this rule also apply to applicants who use ODOT’s prequalification system to prequalify for local agency projects.

Stat. Auth.: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430
Stats. Implemented: ORS 279C.430
Hist.: HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05; HWD 1-2007, f. & cert. ef. 1-24-07; HWD 9-2012, f. & cert. ef. 7-19-12

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