§ 22-21. Prequalification generally; prequalification for construction.

(a)

Prospective contractors may be prequalified for particular types of supplies, services, insurance or construction, and consideration of bids or proposals limited to prequalified contractors. Any prequalification procedure shall be established in writing and sufficiently in advance of its implementation to allow potential contractors a fair opportunity to complete the process.

(b)

Any prequalification of prospective contractors for construction shall be pursuant to a prequalification process for construction projects adopted by the purchasing manager. The application form used in such process shall set forth the criteria upon which the qualifications of prospective contractors will be evaluated. The application form shall request of prospective contractors only such information as is appropriate for an objective evaluation of all prospective contractors pursuant to such criteria. Such form shall allow the prospective contractor seeking prequalification to request, by checking the appropriate box, that all information voluntarily submitted by the contractor pursuant to this subsection shall be considered a trade secret or proprietary information subject to the provision of subsection 22-18(f).

In all instances in which the purchasing manager requires prequalification of potential contractors for construction projects, advance notice shall be given of the deadline for the submission of prequalification applications. The deadline for submission shall be sufficiently in advance of the date set for the submission of bids for such construction so as to allow the procedures set forth in this section to be accomplished.

At least thirty (30) days prior to the date established for submission of bids or proposals under the procurement of the contract for which the prequalification applies, the purchasing manager shall advise in writing each contractor which submitted an application whether that contractor has been prequalified. In the event that a contractor is denied prequalification, the written notification to such contractor shall state the reasons for such denial of prequalification and the factual basis of such reasons.

A decision by the purchasing manager denying prequalification under the provisions of this subsection shall be final and conclusive unless the contractor appeals the decision as provided in section 22-57.

The purchasing manager may deny prequalification to any contractor only if he finds one of the following:

(1)

The contractor does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the county shall be sufficient to establish the financial ability of such contractor to perform the contract resulting from such procurement;

(2)

The contractor does not have appropriate experience to perform the contract project in question;

(3)

The contractor or any officer, director or owner thereof has had judgments entered against him within the past ten (10) years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management;

(4)

The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with the county without good cause. If the county has not contracted with a contractor in any prior construction contracts, the purchasing manager may deny prequalification if the contractor has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another public body without good cause. The purchasing manager may not utilize this provision to deny prequalification unless the facts underlying such substantial noncompliance were documented in writing in the prior construction project file and such information relating thereto given to the contractor at that time, with the opportunity to respond;

(5)

The contractor or any officer, director, owner, project manager, procurement manager or chief financial official thereof has been convicted within the past ten (10) years of a crime related to governmental or nongovernmental construction or contracting, including, but not limited to, a violation of the following portions of the Code of Virginia, 1950, as amended: (i) Article 6 (§ 2.2-4367 et seq.) of Chapter 43 of Title 2.2, (ii) the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.), (iii) Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United States or another state;

(6)

The contractor or any officer, director or owner thereof is currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body, agency of another state or agency of the federal government; and

(7)

The contractor failed to provide to the purchasing manager in a timely manner any information requested by the purchasing manager relevant to subdivisions 1 through 6 of this subsection.

(Ord. of 1-5-2010)

(Ord. of 1-5-2010)