Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 4.00 - Certification Of Contractors And Sub-bidders To Bid On Public Building Construction Contracts Pursuant To MGL c. 149 Section 44a Through 44j And MGL c.149a › CERTIFICATION OF CONTRACTORS › Section 4.04 - Requirements/Conditions for Certification

Current through Register 1525, July 5, 2024
A Contractor must establish to the satisfaction of DCAM that
				  it is competent and responsible. DCAM shall not issue a Certificate of
				  Eligibility to a Contractor if DCAM determines that the Contractor lacks
				  competence or responsibility.
(1) The
				Commissioner shall establish in the Guidelines a minimum Overall Numerical
				Rating required for certification. DCAM shall not issue a Certificate of
				Eligibility to a Contractor who fails to achieve an Overall Numerical Rating at
				least equal to the minimum Overall Numerical Rating required for certification.
				A Contractor's Overall Numerical Rating shall be the result of a Contractor's
				Average Project Rating combined with other weighted evaluation criteria in a
				manner prescribed by the Commissioner. The Commissioner reserves the right not
				to certify a Contractor and may decertify a Contractor whom the Commissioner
				determines is either not competent or responsible even though the Contractor
				otherwise meets the Overall Numerical Rating for certification.
(2) An applicant for certification must be a
				Contractor and have all licenses as required by law in the Categories of Work
				for which it seeks certification.
(3) A Contractor must establish to the
				satisfaction of DCAM that the Contractor is financially responsible, based upon
				such criteria concerning the Contractor's financial condition as the
				Commissioner may prescribe.
(4) A
				Contractor must have an established single project and aggregate project
				bonding capacity with a surety which is licensed by the Commonwealth of
				Massachusetts Division of Insurance and is on the most current list of approved
				sureties issued by the United States Department of the Treasury.
(5) A Contractor must have management or
				supervisory personnel who are experienced in the performance of Building
				Projects.
(6) A Contractor must
				provide complete and accurate answers to all questions in the application for
				certification and Update Statement and all other information and documentation
				required by DCAM for certification. Providing false or misleading information
				or failure to provide all required information will be considered grounds for
				denial, decertification and/or debarment. The owner and/or the person
				representing the owner in submitting the application must verify the accuracy
				of all information submitted on the application and must verify that the
				information submitted is in fact accurate and true, under oath. Failure to
				provide accurate information to regulatory authorities, legal counsel,
				accountants or any other party with whom a Contractor does business may be
				grounds for denial and debarment.
(7) A Contractor must meet all other
				requirements for certification established by the Commissioner in the
				Guidelines, which may include, but are not limited to:
(a) a minimum length of time in
				business
(b) completion of a
				minimum number of projects of a certain dollar value with satisfactory Project
				Ratings, as outlined in the Guidelines.
(c) a demonstrated history of competence and
				responsibility.