Contractor Pre-Qualification Application Procedures

The School Board (“Board”) through the Superintendent or his/her designee, shall prequalify all “contractors” for construction contracts, and any other contracts that require a certificate issued pursuant to Chapter 489, Florida Statutes, including, but not limited to, all bidders, construction managers, design-builders, job-order contractors, term contractors, and all other types of contractors on an annual basis or for a specific project according to the rules set forth in the State Requirements for Educational Facilities (SREF) Section 4.1(8).

Contractors shall be prequalified on the basis of the criteria set forth in SREF and included in the foregoing application form. In addition to the forgoing criteria the applicant shall provide the Dun and Bradstreet report indicated in the application. The evaluation committee shall be as set forth in Board Policy 7003.

The applicant shall complete the form in its entirety and submit all required documents in the required quantity by the deadline set forth in the public announcement. Separate applications shall be submitted for each desired contracting category.

The School Board of Broward County shall receive and either approve or reject each application for prequalification within sixty (60) days after receipt beginning from the deadline date for submission established by the public announcement. Approval shall be based on the criteria and procedures set forth in SREF.

The Board shall issue to all prequalified contractors a certificate valid for one (1) year from the date of approval or for the specific project(s). That certificate shall include the following:

1. A statement indicating that the contractor may bid, propose, or otherwise be considered, on the specific project(s) or for this specific time period.

2. A statement establishing the total dollar value of the work the contractor will be permitted to have under contract with the Board at any one time. The maximum value shall not exceed the contractor’s bonding capacity or ten (10) times the net quick assets.

3. A statement establishing the maximum dollar value of each individual project the contractor will be permitted to have under contract with the Board at any one time. The maximum value of each project may be up to twice the value of the largest project previously completed but shall not exceed the contractor’s bonding capacity or ten (10) times the net quick assets.

4. A statement establishing the type of work the contractor will be permitted to provide.

5. The expiration date of the certificate.

It shall be the responsibility of the contractor to renew annually certificates not for a specific project. Financial statements or written verification of bonding capacity on file with the Board shall be updated annually. Failure to submit a new statement or verification of bonding capacity within thirty (30) days written notice by the Board shall automatically revoke a prequalification certificate.

1. Prequalified contractors may request a revision of their prequalification status at any time they believe the dollar volume of work under contract or the size or complexity of the projects should be increased if experience, staff size, staff qualifications, and other pertinent data justify the action.

The decision to declare a contractor delinquent may be made only by the Superintendent and must be ratified by the Board at its next regular meeting following the decision by the Superintendent. Should the contractor be determined to be delinquent, after notice and an opportunity for a fair hearing, the Board shall notify the contractor and its surety, in writing, that the contractor is disqualified from bidding, proposing, or otherwise receiving consideration, for work with the Board as long as the delinquency exists. A delinquent condition exists when one (1) or more of the following conditions occur without justifiable cause:

1. A substantial or repeated failure to comply with contract documents after written notice of such non-compliance.

2. A substantial or repeated failure to provide supervision and coordination of subcontractor’s work after written notice of such failure.

3. Substantial deviation from project time schedules after written notice of non-compliance.

4. Substantial or repeated failure to pay subcontractors after the Board has paid the contractor for the work performed by the subcontractors in accordance with approved requisitions for payment.

5. Substantial or repeated failure to provide the quality for workmanship compatible with the trades’ standards for the community after written notice of such failure.

6. Substantial or repeated failure to comply with the warranty requirements of previous contracts after written notice of such failure.

7. Failure to maintain the required insurance coverage after written notice of such failure.

The Board may, for good cause, suspend a contractor for a specified period of time or revoke the prequalification certificate. Causes for suspension or revocation shall include, but are not limited to, one or more of the following:

1. Inaccurate or misleading statements in the application.

2. Declared in default by the Board.

3. Filed for or adjudged to be bankrupt.

4. Performance, in connection with contract work, becomes unsatisfactory to the Board, based on the Board asserting and recovering liquidated damages in an action against the contractor.

5. Payment record, in connection with contract work, becomes unsatisfactory to the Board, based on the contractor’s failure to comply with the Construction Prompt Pay Act (Section 715.12, F.S.).

6. Becomes delinquent on a construction project.

7. Contractor’s license becomes suspended or is revoked by a licensing agency.

8. No longer meets the uniform prequalification criteria established in this policy.

A contractor whose application has been rejected or whose certificate has been suspended or revoked by the Board shall be given the benefit of reconsideration and appeal as follows:

1. The aggrieved contractor may, within ten (10) days after receiving notification of such action, request reconsideration in writing. The contractor may submit additional information at the time of appeal.

2. The evaluation committee shall review the additional information and make its recommendation to the Superintendent within (5) calendar days (excluding those days that the School Board of Broward County is closed, e.g.: weekends, holidays, etc).

3. The Board shall act upon the Superintendent’s recommendation within thirty (30) calendar days and shall notify the contractor of its action to adhere to, modify, or reverse its original action. The Board may require additional information to justify the reconsideration.

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