Chapter 4 - § 4.6 • PREQUALIFICATION OF BIDDERS

• Jurisdiction: Colorado

§ 4.6 • PREQUALIFICATION OF BIDDERS

Prospective contractors may be prequalified for certain types of state construction projects, and rules have been established for compiling a list of prequalified contractors and soliciting from these potential contractors.¹⁰⁶ Prequalification is a preliminary determination of whether a bidder is responsible.

The Department of Transportation's Rules for Road, Highway and Bridge Public Works require contractors to be prequalified for public projects expected to exceed $150,000.¹⁰⁷ The prequalification application must be submitted at least 17 calendar days before bid opening.¹⁰⁸ In determining whether a contractor should be prequalified, the Department of Transportation examines whether the contractor has the equipment, trained personnel, organization, technical staff, experience, and financial capability to accomplish the type of work for which it intends to bid.¹⁰⁹ After submittal of prequalification applications, the Department of Transportation gives written approval or notice of disapproval within 17 calendar days.¹¹⁰ Contractors may appeal notices of disapproval to the Department of Transportation's chief engineer within 60 calendar days.¹¹¹ Similar to the Colorado Procurement Rules, prequalification under the Rules for Road, Highway and Bridge Public Works only constitutes authority for a contractor to submit bids on projects.¹¹²

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Notes:

^[106] C.R.S. §§ 24-92-107 and 24-103-402; 1 C.C.R. 101-9, R-24-103-402.

^[107] 2 C.C.R. 601-10, §§ 1.40 and 2.01.

^[108] Id.

^[109] 2 C.C.R. 601-10, § 2.04. In evaluating the financial capability of contractors, the Department of Transportation gives a presumption of adequacy if contractors satisfy specific ratios in their financial statements. 2 C.C.R. 601-10, § 2.04.1(d).

^[110] 2 C.C.R. 601-10, § 2.03.1(b).

^[111] 2 C.C.R. 601-10, § 2.03.1(b) and (c). In appealing notices of disapproval, a hearing must be held within 60 calendar days in accordance with C.R.S. § 24-4-105. 2 C.C.R. 601-10, § 2.03.1(d).

^[112] 2 C.C.R. 601-10, § 2.05.