§17-101. Prequalification of Prospective Bidders for Contracts for Construction of Public Works. [2]
(1) Public Works. In order to determine whether any
prospective bidder for a City contract for construction of public works to be
awarded pursuant to § 8-200(2) of the Charter is a responsible bidder, the
Procurement Department shall, not later than one week prior to the time of the
opening of bids for such contract, require every prospective bidder to file a
certified statement on a form supplied by the Procurement
Department.
(2) Statement. Such certified statement shall set forth in
full the information requested by the Procurement Department regarding the
responsibility of the prospective bidder, including but not limited to
information concerning:
(a) financial resources;
(b) plant and
equipment facilities;
(c) organization and
personnel;
(d) prior experience;
(e) record of performance of
prior contracts.
[3] (3) Qualifications.
Not later than 96 hours prior to the time of opening of bid, the Procurement
Department acting in concert with the appropriate operating Department
shall:
[4] (a) review or investigate all
such statements received;
(b) determine the responsibility of all
prospective bidders filing such statements;
(c) notify all prospective
bidders whether or not they have been found to be responsible
bidders.
(4) Appeal. Any person aggrieved by a determination made under
§ 17-101(3) may, within 24 hours after receipt of such notice, request a
hearing before a board of three members, to be composed of the Procurement
Commissioner and two other heads of departments, chiefs of bureaus or other City
officials to be designated by the Managing Director and may present such further
evidence with respect to his responsibility or the responsibility of other
prospective bidders as would justify a different
determination.
(5) Review. The hearing officers shall review the
responsibility of all prospective bidders who have filed statements, consider
all the evidence presented, and render a prompt decision
thereon.
(6) Other Contracts. In order to determine whether any
prospective bidder for a City contract other than for public works is a
responsible bidder, the Procurement Department may require the bidders to submit
such information as will enable the Department to ascertain their
qualifications.
(7) Disqualification. Nothing contained in this Section
shall prohibit the Procurement Department from disqualifying any bidder at any
time prior to the award of a City contract if the Procurement Department obtains
information which in its opinion adversely affects the responsibility of such
bidder.
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