Construction Contract Performance Ratings

MnDOT Policy #AD012
Effective: February 8, 2022
Reviewed: March 6, 2024

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Chief Counsel, Office of Chief Counsel
Policy Contacts: Deputy Chief Counsel - Real Estate, Environmental, and Construction Law; Deputy Chief Counsel - Contract Management and Tort Claims

Policy statement

The Minnesota Department of Transportation (MnDOT) does not provide verbal or written qualitative ratings or subjective assessments for overall performance on construction contracts to the contractor or third parties, except as provided in this policy. Upon request, MnDOT may provide quantitative data such as project description and details, delivery method, contract start and end dates, original contract completion date, dollar amounts, contractor role, surety information, and liquidated damages assessed or not assessed.

Reason for policy

Construction contractors or third parties request MnDOT to provide recommendations and ratings of contractors. MnDOT must appropriately manage liability regarding rating contractors and must respond consistently to requests to avoid the perception of favoritism.

Applicability

All MnDOT employees must comply with this policy.

Key stakeholders with responsibilities under this policy include:

MnDOT Employees with Construction Contract Roles or Alternative Delivery Program Management Roles
Office of Construction and Innovative Contracting

Exclusions

This policy does not apply to:

completing internal MnDOT or Department of Administration forms
rating Construction Manager General Contractor (CMGC), design-build, or best-value proposals
debriefings of proposers for CMGC, design-build, or best-value projects regarding their procurement proposals and submittals
general, informal feedback and partnering conversations with contractors
contracts where ratings are required by Minnesota Statutes

Definitions

Alternative Delivery Program Management Roles

MnDOT positions or functions responsible for managing projects using the following procurement methods: design-build, construction manager/general contractor, and best value.

Qualitative Rating

A subjective classification or ranking that describes the quality of something using adjectives (e.g. excellent, fair, poor, etc.), opinion statements, or numerical values (ranges or scales such as 1-10).

Quantitative Data

Objective information about a project (e.g. project description, contract amount, start and end dates, etc.).

Responsibilities

MnDOT Employees with Construction Contract Roles or Alternative Delivery Program Management Roles

Consult with the Office of Construction and Innovative Contracting (OCIC) about verbal or written requests to provide qualitative performance ratings of construction contractors, as needed, and respond as directed by OCIC.
Respond to requests for quantitative data.

Office of Construction and Innovative Contracting

Provide quantitative data from AASHTOWare, as needed.
Respond to questions from MnDOT employees about requests for qualitative and quantitative performance ratings of construction contractors.

Policy Owner (Chief Counsel, Office of Chief Counsel)

Review the policy every two years, or sooner as necessary, to ensure the policy remains up-to-date.
Ensure documents associated with the policy remain current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

History and updates

Adopted

February 8, 2022

Policy Review

March 6, 2024: Updated policy contacts and added 3 policy owner responsibilities to match revised template

This policy's next scheduled review is due February 2026.