Section R. 247.22 - Action by prequalification committeeRule 22.
(1) The prequalification committee shall review a bidder's application and other relevant information for any of the following: (a) Initial prequalification.(b) Renewal of prequalification.(c) Reconsideration of prequalification previously granted, after receipt of information justifying an interim review.(2) Based on the review, the prequalification committee shall determine and grant or renew numerical ratings, an overall financial rating, and work classifications for the bidder. The prequalification committee shall review the bidder's contractor performance evaluations for at least the last 2 years, if available, before granting or renewing prequalification.(3) If the suitability of the bidder is determined to be unsatisfactory for the performance of the work and the continuance of the existing prequalification, the prequalification committee may, at any time, deny an application or decrease, suspend, or revoke a bidder's overall financial rating or the numerical ratings on 1 or more of the work classifications, based on an evaluation of any of the following: (a) Amount and variety of construction experience.(b) Quality of current and past work performance.(c) Record of payments of accounts and claims.(d) Organization and personnel.(e) Availability of equipment.(g) Record of contract scheduling and completion.(h) Record of compliance with requirements of the contract provisions or federal, state, or local laws, regulations, or ordinances.(i) Record of submittal of required documents.(j) Compliance with any applicable provisions of these rules.(k) Common ownership and control of bidding entity.(l) Compliance with the bidder's equal employment opportunity policy.(4) The prequalification committee may refuse to consider an application that fails to provide all of the information required for the application or that does not comply with each provision of these rules.(5) Except as provided in subrule (9) of this rule, prior to any adverse action being taken against a bidder's prequalification ratings, the prequalification committee will provide the bidder with written notification of the intended adverse action, and an opportunity to meet with the committee to present additional information or otherwise show why the adverse action should not be taken.(6) The prequalification committee shall notify a bidder in writing of its final decision, including the bidder's overall financial rating, approved numerical ratings, and work classifications.(7) The prequalification committee may deny, decrease, suspend, or revoke the prequalification of a bidder who submitted a prequalification application or other information required under these rules that is false or misleading.(8) A decision by the prequalification committee shall be effective on the date specified in the decision, unless, for good cause shown, that date is altered under Part 8 of these rules.(9) An adverse decision that decreases, suspends or revokes a bidder's prequalification shall not be effective sooner than 14 days after the date of the decision, unless the committee finds that the public health, safety or welfare requires emergency action and incorporates that finding in its decision.(10) A bidder may submit an appeal of the prequalification committee's determination following the appeal procedure described in part 8 of these rules.Mich. Admin. Code R. 247.22
1979 AC; 2002 AACS; 2009 AACS