Rule 672-5-.04 - Application for Contractor Qualification(1) All Prospective Contractors must submit an application under oath on forms to be furnished by the office of the Prequalification Committee in order to receive a Certificate of Qualification. The application must be filed at least ten (10) days prior to the opening of any bids the Prospective Contractor proposes to submit and must include the following:(a) A Financial Statement. In submitting the Financial Statement, the Prospective Contractor will abide by the following:(i) If a Prospective Contractor's adjusted net worth is Seven Hundred Fifty Thousand Dollars ($750,000) or less, the Prospective Contractor must submit a Compiled Financial Statement, Reviewed Financial Statement or Audited Financial Statement.(ii) If a Prospective Contractor's adjusted net worth is greater than Seven Hundred Fifty Thousand Dollars ($750,000) but less than Seven Million Five Hundred Thousand Dollars ($7,500,000), the Prospective Contractor must submit a Reviewed Financial Statement or Audited Financial Statement.(iii) If a Prospective Contractor's adjusted net worth is greater than Seven Million Five Hundred Thousand Dollars ($7,500,000), the Prospective Bidder must submit an Audited Financial Statement.(b) A statement as to major plant and equipment used for transportation projects and a statement for all other property, plant and equipment used in the business, such as buildings, furniture and fixtures and leasehold improvements; the statement shall give details as to type, age and condition of all property, plant and equipment;(c) A statement as to organization, which shall develop the adequacy of such organization, including key personnel, and any and all affiliated companies to undertake a project in the classification desired subject to the following: (i) In a Parent-Subsidiary relationship where the Parent and the Subsidiary are to be prequalified separately, the Parent and the Subsidiary must submit separate Financial Statements for prequalification purposes.(ii) In Parent-Subsidiary relationships where both the Parent and the Subsidiary are to be prequalified separately, the investments in the Subsidiary must be deducted from the assets of the Parent in computing the adjusted net worth of the Parent.(iii) A Parent company must list any and all Subsidiary companies prequalified with the Department, the dollar amount of the investment in each Subsidiary and the method of carrying the investment on the Financial Statement.(d) A statement as to prior and current experience of the Prospective Contractor, its principal officers and key employees which shall show the number of years each identified officer or key employee has been engaged in the contracting business and shall further disclose generally their experience over that period;(e) A statement which shall give an accurate and sufficient record of principal work on which the Prospective Contractor has been engaged in the past three (3) years, both in Georgia and elsewhere, as a contractor of record, or work done under subcontract, giving the name of projects under taken, the type of work, the location, the contract amount and the name of the contracting agency. In case of work done by subcontract, the prime contractor will be named;(f) A statement which shall list in detail any liens, stop notices or claims filed against the Prospective Contractor on any project within the past five (5) years. This statement shall also disclose any failure or failures to complete a contract or contracts, and any penalties imposed by reason of any contract undertaken and determined to be in noncompliance with pertinent statutes within the said five (5) year period. The Prospective Contractor shall explain in detail all such items;(g) A statement as to whether or not the Prospective Contractor or any of its officers, executives or members has been convicted or entered a guilty plea in a court of competent jurisdiction within the two (2) years prior to the date of application of violation of any State or Federal statute concerning the restraint of trade;(h) A statement setting forth any other relevant, pertinent, and material facts that will justify the Maximum Capacity rating desired;(i) A statement agreeing to comply with Rule 672-5-.17 "Conduct in Bidding Department Contracts or Submitting Quotes to Bidders on Department Contracts";(j) A statement which shall list the specific area of class/classes of work for which the Prospective Contractor is qualified;(k) A statement of specific geographic location within the State which lists the Department district in which the Prospective Contractor will typically bid;(l) A certification by the Prospective Contractor that it is not currently suspended or debarred by another state or federal governmental entity or has not been voluntarily excluded in another state or federal governmental entity and that no state or federal governmental entity has instituted any action to suspend or debar the Prospective Contractor. The Application of any Prospective Contractor who is currently suspended or debarred by another state or federal governmental entity or who has been voluntarily excluded in another state or federal governmental entity, regardless of whether the Prospective Contractor intends to bid on state or federally funded projects, will be rejected. The Application must further contain the certification that, if at any time during the period that a Prospective Contractor maintains a Certificate of Qualification, an action is instituted by a state or federal governmental entity to suspend or debar the Prospective Contractor, or the Prospective Contractor becomes voluntarily excluded in another state or federal governmental entity, the Prospective Contractor will immediately notify the Department's Director of Construction; and(m) Provide proof of any insurance or self-insurance for workers compensation insurance and general liability insurance to be supplemented on a yearly basis.(2) All Persons proposing to bid on Department work for the performance of any contract less than or equal to Two Million Dollars ($2,000,000) as a prime contractor must be registered as a Subcontractor as provided for in Rule 672-5-.11.(3) The Prequalification Committee may, upon proper notice, require a Contractor who already has been qualified under these Rules to file a new application at anytime that the Prequalification Committee deems it necessary for a Contractor to bring its statements up-todate. Such application shall be filed within thirty (30) days after the Committee's request and failure on the part of the Contractor to comply may be grounds for disqualification pursuant to Rule 672-5-.15.(4) The Department reserves the right to require an application which may include a request for additional information or documentation for qualification for certain projects designated prior to the letting regardless of the value of the contract.(5) A Prospective Contractor shall submit Applications for Qualification, as provided herein, at least once every two (2) years or on such intermediate occasions as may be deemed necessary by either the Prospective Contractor or the Prequalification Committee. The Prospective Contractor must submit an updated Application for Qualification when it has sold twenty-five percent (25%) or more of its assets.Ga. Comp. R. & Regs. R. 672-5-.04
O.C.G.A. §§ 32-2-2, 32-2-66, 50-13-4.
Original Rule entitled "Application for Qualification" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973.Amended: F. Dec. 22, 1976; eff. Jan. 11, 1977.Amended: ER 672-5-0.6-.04 adopted. F. and eff. June 13, 1979, the date of adoption.Amended: Permanent Rule adopted. F. Sept. 20, 1979; eff. Oct. 10, 1979.Amended: ER 672-5-0.12-.04 adopted. F. May 20, 1980, eff. May 15, 1980, the date of adoption.Amended: Permanent Rule adopted. F. July 24, 1980; eff. August 13, 1980.Amended: ER 672-5-0.22-.04 adopted. F. Mar. 25, 1985; eff. Mar. 21, 1985, the date of adoption.Amended: Permanent Rule adopted. F. June 26, 1985; eff. July 16, 1985.Repealed: New Rule, same title adopted. F. Oct. 23, 2000; eff. Nov. 12, 2000.Amended: F. July 9, 2004; eff. July 29, 2004.Amended: F. Dec. 11, 2008; eff. Dec. 31, 2008.Amended: New title "Application for Contractor Qualification." F. May 1, 2018; eff. May 21, 2018.