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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2019

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Pursuant to the authority provided by 29 Del.C. §6962, the Delaware Department of Transportation ("DelDOT") proposed to promulgate a new regulation entitled Performance-Based Contractor Evaluation Procedures. Notice of the proposed regulation was published in the Delaware Register of Regulations Volume 22, Issue 6, dated December 1, 2018.
The proposed regulation was written in response to new requirements imposed by Senate Bill 208 of the 149th General Assembly, which made changes to 29 Del.C. §6962 relating to public works contracting requiring the Delaware Department of Transportation to adopt regulations to implement a performance-based contractor evaluation rating system.
It is so ordered on this 7th day of January 2019.
In accordance with 29 Del.C. §6962, the purpose of this regulation is to set forth the procedures the Delaware Department of Transportation (the "Department") will follow in preparing performance-based contractor evaluations and calculating contractor performance-based ratings.
5.2.3 Bidders with scores of less than 85% who comply with the retainage requirements of 29 Del.C. §6962 shall be permitted to bid provided the Agreement to Accept Retainage in Appendix 'B' is executed and submitted with the bid. Lack of an executed Agreement to Accept Retainage will result in the rejection of the bid by the Department.
8.2.3 The Contract Administration Office shall render a decision in writing within [5 five (5)] business days from the date of receipt of an appeal stating the basis for the decision and providing any and all supporting documentation. The decision shall be transmitted to the Contractor via email.
8.3.6 Within [30 thirty (30)] business days of the meeting, the Secretary or the Secretary's designee shall issue a written decision that will serve as the final decision of the Department concerning the appeal.
"Bidder acknowledges that [if] its Performance-Based Rating as defined in 29 Del.C. §6962 and section 2408 of Title 2 of Delaware's Administrative Code is below the required minimum [threshold. As threshold, as] a condition to bid, Bidder acknowledges, consents and agrees to the Department withholding retainage of up to 5% from the monies due at the time of each progress payment under the contract."
Last Updated: December 31 1969 19:00:00.
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