Definitions

As used in these rules: (1) “Affiliate” means a person that is in affiliation with another person or entity. Persons or entities are affiliates of each other and an affiliation exists if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The factors considered to determine control include, but are not limited to: (a) Interlocking management or ownership; (b) Identity of interests among family members; (c) Shared facilities and equipment; (d) Common use of employees; or (e) A business entity which has been organized following the suspension, debarment or exclusion of a person or entity which has the same or similar management, ownership, or principal employees as the suspended, debarred or excluded person or entity. (2) “Applicant” means any individual person, partnership, limited liability company, corporation, or other business entity, acting directly or through a duly authorized representative, that seeks to be prequalified by the Department as a bidder and/or subcontractor. (3) “Award” means the formal acceptance of a proposal by the Department, subject to the Department’s reservation of a right to cancel the award of a contract at any time prior to the execution of the contract by all parties. (4) “Bid” means the submission of a proposal to perform road, bridge or related work under a contract to be let by the Department. (5) “Bidder” means any individual person, partnership, limited liability company, corporation or other business entity, acting directly or through a duly authorized representative, that seeks or may seek to submit a proposal and enter into a contract to perform work for the Department. (6) “Chief Engineer” means the Chief of the Department’s Bureau of Engineering, or any Department employee authorized to act on his/her behalf. (7) “Civil judgment” means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts. (8) “Commissioner” means the Commissioner of the Tennessee Department of Transportation. (9) “Contractor” means a bidder to whom the Department has awarded a contract and with whom the Department has executed and entered into a contract for the performance of work pertaining to the construction, improvement and/or maintenance of roads or bridges. (10) “Conviction” or “convicted” means: (a) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or (b) Any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution. A disposition without the PREQUALIFICATION OF CONTRACTORS CHAPTER 1680-5-3 participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt. (11) “Day” means a calendar day; provided, however, that if the last day for completing any action under these rules falls on a Saturday, Sunday or legal holiday when the Department is closed for business, the day for completing the action shall be the following business day. (12) “Department” means the Tennessee Department of Transportation. (13) “Director of Construction” means the Director of the Construction Division of the Tennessee Department of Transportation, or such person as may be authorized to act on behalf of the Director of Construction in the performance of responsibilities under these rules. (14) “Enforcement Order” means a final administrative or judicial order, including any order on appeal, which contains a finding of a violation of the Federal Water Pollution Control Act, the Tennessee Water Quality Control Act, or any other State’s water quality control act. The term “enforcement order” does not include administrative notices of violation or equivalent actions that are not subject to appeal. (15) “Equipment” means all machinery, apparatus, and tools necessary for the proper construction and acceptable completion of the project, plus the necessary repair parts, tools, and supplies for upkeep and maintenance. (16) “General prequalification” means a prequalification to bid on and perform work for the Department as a contractor or subcontractor within approved work classifications that is not limited as to the amount or number of contracts. (17) “Limited prequalification” means a prequalification to bid on and perform work for the Department as a contractor or subcontractor within approved work classifications that is limited as to the amount and/or number of contracts or a prequalification to participate in Department contracts only as a subcontractor. (18) “Prequalification” or “prequalified” means the status of having been determined to be responsible and qualified to bid on and perform road or bridge work under a contract or subcontract with the Department. (19) “Prequalification application” means the information submitted by an applicant on a completed prequalification questionnaire or other forms developed by the Department and such other information as the Department may request the applicant to provide in order to determine whether the applicant is to be prequalified as a bidder or subcontractor. (20) “Prequalification Committee” means the committee of the Department with authority to hear and make a recommendation to the Commissioner for decision on any appeal of a prequalification decision by the Director of Construction as provided in these rules, and whose members may include the following employees of the Department, as determined by the Commissioner: (a) The Chief Engineer, who shall preside over the committee; (b) The Assistant Chief Engineer for Operations; (c) The Chief of Administration; (d) The Transportation Director for any Region of the Department (as selected by the Chief Engineer); (e) The Director of the Civil Rights Division; and/or (f) Other employees of the Department as the Commissioner may from time to time designate. PREQUALIFICATION OF CONTRACTORS CHAPTER 1680-5-3 (21) “Prequalification Office” means the unit of the Department under the direction of the Director of Construction that is assigned to administer the prequalification program and perform responsibilities pertaining to the prequalification of bidders and subcontractors and evaluation of contractors as provided in these rules. (22) “Proposal” means the offer of a bidder on a prescribed proposal form to perform work under a contract with the Department at the prices quoted in the proposal form. (23) “Proposal form” means the approved form on which the Department requires bidders to submit proposals to the Department. (24) “Subcontractor” means any individual person, partnership, limited liability company, corporation, or other business entity, acting directly or through a duly authorized representative, that has entered or may seek to enter into a contract with a contractor to perform some part of the work under a contract with the Department; provided, however, that this definition of subcontractor does not include any such person or business entity that only provides or delivers materials to a contractor or subcontractor performing work under a contract with the Department. (25) “Surety” means a company authorized to guarantee a bidder’s proposal and a contractor’s performance and payment obligations under a contract and which is authorized to do business in the State of Tennessee. (26) “Work classification” means a category of work pertaining to the construction, improvement and/or maintenance of roads and bridges, or related work, as the Department may identify such categories of work in the prequalification questionnaire or other prequalification forms developed by the Prequalification Office.