DCOM Volume III Appendix 4

1 APPENDIX 4: Proposed Service Provider Performance Evaluation

2 Definition

“Contractor” means a contractor, supplier, consultant or service provider who has entered into a contract with the MINISTRY
“Performance Evaluation Form” means a form provided herein which shall be used to evaluate a contractor’s performance.
“Project Evaluator(s)” means one or more person(s) from the MINISTRY’s UD(s) and/or a consultant to MINISTRY, that will be evaluating the Contractor’s performance by completing Performance Evaluation Forms in accordance with this procedural document, as amended.
“Disqualification” means the action that results when a Contractor receives a rating of “UNACCEPTABLE” on a Final Performance Evaluation form, subject to the terms and conditions of this document.

3 Purpose

This procedure provides a framework for the MINISTRY to evaluate and improve the performance of all contractors that are sourced by the MINISTRY by;
a)pro-actively managing the performance of Contractors during the term of awarded Contracts; and b)creating a record of past performance for use by the MINISTRY in determining the award for future solicitations and contracts.

Project Evaluator(s) may utilize this Contractor Performance Procedure for all contracts including but not limited to; invitational bids, single or sole source purchases, emergency purchases and wherever it is in the best interest of the MINISTRY.

4 When to carry out performance evaluations

4.1 Final Performance Evaluation shall be carried out within two (2) weeks of the following occurrences, depending on the type of good, service or construction

a)for Construction contracts; upon the issuance of a Certificate of Final Completion;
b)for Consulting contracts; upon completion of the Contract;
c)for Goods; upon delivery and inspection of goods and/or after the expiry of any applicable deficiency;
d)for Services, upon completion of services and/or after the completion of deficiencies;
e)for Vehicles and Equipment; upon delivery and inspection and/or after the expiration of the warranty period;
f)upon termination of a Contract for any reason prior to the Contract end date.

5 Interim

Performance Evaluation shall be carried out at least every twelve (12) months for all Contracts with a term longer than one (1) year.

6 Performance evaluation system

Contractors shall be assigned one of the following ratings to each category set out on the Performance Evaluation Form. A critical aspect of the assessment rating system described below is the second sentence of each rating that recognizes the Contractor's resourcefulness in overcoming challenges that arise in the context of Contract performance.

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7 Impact of perfomance evaluation

1. A Contractor whose interim performance is rated CAUTIONARY OR BELOW, in any category, should be requested in writing, to provide, a written response and appropriate corrective action within an acceptable timeframe, in accordance with the Terms and Conditions of the contract documents. Failure of the Contractor do so or if no satisfactory explanation is obtained, the MINISTRY may terminate the Contract.
2. Final Performance Evaluation shall be used by the MINISTRY for consideration of award of contracts. If a Final evaluation has not been completed at the time that a tender award is under review, an Interim evaluation, if available, may be used by the MINISTRY to:
a) determine if a Bidder submitting a Bid is a Responsible Bidder, and/or
b) to evaluate past performance in the submitted tender.
3. A Contractor that has received a TOTAL rating of 90-100% on the Contract’s Final Performance Evaluation Form:
a) Will be considered a Responsible Bidder for future similar Bid submissions to the MINISTRY. ,
b) For a multi-year term Contract, the Contract may be extended for up to additional two (2) one (1) year terms, at the discretion of both the MINISTRY and the Contractor. Price adjustments for the extension shall be based on one of the following:
(i) any inflationary contract annual increase r stated in the original contract documents or
(ii) the same costs as stated in a firm fixed price multi-year Contract.
Where a contract document did not state or request any inflationary annual Contract increase or where the Contractor is not agreeable to continuing the contract at their prices within a firm fixed price multi-year Contract, the contract extension will not apply and the MINISTRY will move forward with a public invitation of new bids.
4. A Contractor that has received a TOTAL rating of 80-89% on the Final Performance Evaluation Form;
a) will be considered a Responsible Bidder for future similar Bid submissions to the MINISTRY; and
b) for a multi-year term Contract, the Contract may be extended for an additional one (1) year term, at the discretion of both the MINISTRY and Contractor. Costs for the extension shall be based on either:
(i) any inflationary contract annual increase r stated in the original contract documents or
(ii) the same costs as stated in a firm fixed price multi-year Contract.
Where a contract document did not state or request any inflationary annual Contract increase or where the Contractor is not agreeable to continuing the contract at their prices within a firm fixed price multi-year Contract, the contract extension will not apply and the MINISTRY will move forward with a public invitation of new bids.
5. A Contractor that has received a TOTAL rating of 65-79% on the FINAL Performance Evaluation Form
a) may be considered a Responsible Bidder for future similar Bid submissions to the MINISTRY; and
b) for multi-year Contracts, is not eligible for any additional extensions outside of the terms of the current Contract.
6. A Contractor that has received a TOTAL rating of (50-64%) on the Final Performance Evaluation a) may or may not be considered a Responsible Bidder for future similar Bid submissions to the MINISTRY; and
b) for multi-year Contracts, is not eligible for any extension terms within the current Contract.
c) may be asked to demonstrate in writing or by other acceptable means that they have corrected all previously documented areas of “CAUTIONARY” OR LESS performance concerns to a standard satisfactory to the MINISTRY, prior to awarding any future Contracts. In addition, a list of new references may be requested by the MINISTRY for work completed by the Contractor since the date of the Performance Evaluation where a rating of CAUTIONARY” OR LESS was given in any category. The MINISTRY reserves the right, at its sole discretion not to award a Contract to any Contractor, for an indefinite period, that fails to provide satisfactory evidence of correcting any documented past performance concerns by the MINISTRY.
7. A Contractor that has received a TOTAL rating of less than 50%on the Final Performance Evaluation Form;
a) shall not be considered a Responsible Bidder and shall be recommended for blacklisting by the Authority; and
b) Shall not be considered for award of any contract by the MINISTRY.

8 Contractor response process

1. The Contractor shall have seven working days to: a. Submit a written response to an Interim or Final Performance Evaluation and /or b. Submit a written request to appeal a Final Performance Evaluation rating. If no response is received within the above noted timeframe the Evaluation rating shall be considered final.

9 Appeal process

1. Within ten (10) business days) of receiving an appeal response form in respect to a Final Performance Evaluation Form, the MINISTRY will conduct a full review of the appeal and render a final decision based on the appeal information.
2. The MINISTRY may request additional information from the Contractor in order to conduct a full review.

PERFORMANCE EVALUATION FORM