SECTION .0800 ‑ PREQUALIFICATION: ADVERTISING AND
19A NCAC 02D .0801 PREQUALIFYING TO BID: REQUALIFICATION
(a) In order to ensure that contracts let pursuant to G.S.
136-28.1(a) are awarded to responsible bidders, prospective bidders and
contractors shall comply with the rules set forth in this Section except as
otherwise provided by law. For highway construction, maintenance and repair
contracts other than those specified in G.S. 136-28.1(a), specific project
prequalification requirements to satisfy Paragraph (c) of this Rule shall be
specified in the bid documents for specific project contracts.
(b) In order to be eligible to contract with the Department
pursuant to G.S. 136-28.1(a), all prospective bidders and subcontractors shall
be prequalified with the Department to ensure that they are responsible bidders
and reputable contractors capable of effectively and efficiently performing the
work awarded to them.
(c) The requirements of prequalification are as follows:
(1) Applicants shall demonstrate the necessary
experience, knowledge, and expertise to safely perform and timely complete
highway construction projects in which they bid or subcontract;
(2) Applicants shall demonstrate that they have
sufficient financial resources, including available equipment and qualified
personnel, to adequately perform and timely complete highway construction
projects in which they bid or subcontract;
(3) Applicants shall demonstrate that they have
the necessary knowledge and expertise to comply with all state and federal
environmental laws relating to highway construction, maintenance and repair
(4) Applicants shall certify they are
independent and not affiliated with other bidders of the same project.
(d) Bidders shall comply with all applicable laws
regulating the practice of general contracting as contained in G.S. 87.
(e) Prospective bidders and subcontractors shall update
their prequalification status annually and shall requalify every three years.
(f) A prequalified bidder or subcontractor must maintain
compliance with the rules in this section at all times in order to be eligible
to contract with the Department pursuant to G.S. 136.28.1(a). If at any time a
bidder or subcontractor fails to comply with these rules, the Department shall
disqualify the bidder or subcontractor from any further bidding until he is
able to demonstrate compliance with these requirements by requalifying.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
136‑44.1; 136‑45; 143B‑350(f);
Eff. April 3, 1981;
Amended Eff. February 1, 2008; October 1, 1995; December
1, 1994; December 29, 1993; November 1, 1991.