Oregon Department of Transportation (ODOT)
Contractor Performance Evaluation

ODOT has implemented a process to evaluate the performance of the Contractor on each project, including those ODOT contracts administered by consultants or local agencies. As stated in Section 00120.00, ODOT will use the results of those evaluations to require other corrective action of affected contractors or to revoke bidding privileges.

Also refer to the Responsibilities of Project Manager section (9) of this Manual, that discusses methods to help assure that the Contractor complies with contract requirements. It also mentions a few times when the Project Manager should send a letter of concern to the Contractor. Also refer to the Prime Contractor Performance Evaluation, form 734-2469, for other required letters.

The Project Manager must send those letters of concern to the Contractor in order for the affected actions to be considered in many parts of the Contractor Performance Evaluation process discussed below.

Oregon Administrative Rule 734-010-0080 through 0170 describes the process under which ODOT will evaluate the performance of the Contractor on each project.

The Project Manager must complete a Prime Contractor Performance Evaluation, form 734-2469, (see Exhibit A, pages 1 and 2), at the following times:

1. Annually on the anniversary date of the Notice To Proceed for a project, until the final Second Notification is issued
2. Within 60 days after the date of the final Second Notification

The Project Manager should try to secure the signature of the designated Contractor representative on the evaluation and must send the evaluation to the Contract Administration Engineer, with a copy to the Area Manager.

If the Contractor does not agree with the evaluation, it may discuss the evaluation with the Project Manager. If it still disagrees, it may appeal to the Area Manager, whose decision is final.

ODOT will evaluate a 12-month rolling average of the percentage scores from the evaluations to determine if ODOT must require the Contractor to implement corrective action or if ODOT will revoke the Contractor's bidding privileges.

If ODOT determines that it must revoke a Contractor's bidding privileges, the Contractor may request to appeal that determination before a Department of Administrative Services hearings officer.