Section Tra 401.04 - Contractor Information; Financial Statement(a) Any contractor proposing to bid on projects advertised by the department shall furnish a prequalification statement on forms available from the department as described in Tra 401.05.(b) Any contractor proposing to bid on projects advertised by the department shall furnish a financial statement meeting the following standards: (1) The financial information shall be as of the end of the contractor's last completed fiscal year, provided that a 3-month period following the close of a fiscal year shall be allowed for the preparation of updated financial statements;(2) All information other than financial information contained in the statement shall be current as of the date of filing; and(3) Any adverse change in the financial condition of the contractor since the date of the financial statement shall be indicated, and a written explanation given for the change.(c) A contractor's financial statement shall be accompanied by a report of financial condition meeting the following standards: (1) A contractor may elect to self certify as to financial condition by providing financial information on balance sheet forms provided by the department pursuant to Tra 401.05(b) if the contractor seeks prequalification to bid upon projects with a value of less than $1,000,000;(2) In all cases other than (1) above, the report shall be prepared by an independent certified public accountant certified to practice in New Hampshire, including the text of any footnotes to the financial statements as prepared by the certified public accountant;(3) The report shall be accompanied by a letter expressing the unqualified opinion of the certified public accountant that the report fairly and accurately expresses the financial condition of the contractor as presented by management on the date of the report; and(4) The report shall be based upon the following levels of service by the certified public accountant: a.For projects with an estimated cost of $5,000,000 or more, the report shall be based upon an audit of the firm's financial condition;b.For projects with an estimated cost between $1,000,000 and $5,000,000, the report shall be based upon a review of the firm's financial condition; andc.For projects with an estimated cost of less than $1,000,000, the report shall be based upon a compiled financial statement.(d) All information furnished shall be used to determine a contractor's classification and capacity rating in accordance with these rules. Information so supplied to the department shall be held in strict confidence, and treated as confidential, commercial, and financial information pursuant to RSA 91-A:5.(e) Except when prequalification statements and supplementary information are the subject of litigation or an adjudicatory hearing, only the commissioner, assistant commissioner, deputy commissioner, prequalification committee, prequalification administrator, contracts administrator in the absence of the prequalification administrator and, upon the contractor's request, the governor and council and department of justice shall have access to the prequalification statements and supplementary information. Other than at the request of the contractor, no reproduction shall be made of the prequalification submission, and no person with access to the information shall redisclose the information to any other person.(f) In order to open the bidding process to a broader field of bidders and to assure competitive bidding, the prequalification process shall not apply in instances where the project is simple in scope and common to the industry including but not limited to simple carpentry or painting.N.H. Admin. Code § Tra 401.04
#4175, eff 12-1-86; EXPIRED: 12-1-92
New. #5677, eff 7-29-93; amd by #6044, eff 6-1-95; ss by #7013, INTERIM, eff 6-20-99, EXPIRED: 10-18-99
New. #7176, eff 12-23-99; EXPIRED: 12-23-07
New. #9452, eff 4-8-09
Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12400, Effective 10/4/2017, Expires 10/4/2027.