reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 22.00 - Interest On Incorrect Payments › Section 22.01 - Determination of Payment Amount

Current through Register 1525, July 5, 2024
When an error exists in the records maintained by the System or
				an error is made in computing a benefit and, as a result, a member or
				beneficiary (hereinafter "Member") receives from the System more or less than
				the Member would have been entitled to receive had the records been correct or
				had the error not been made, an amount shall be paid to the Member or collected
				from the Member, as the case may be, that represents the difference between
				what should have been paid and what was paid (hereinafter the "Principal").
				Collection may occur through benefit offsets or other method as prescribed by
				the Board.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 22.00 - Interest On Incorrect Payments › Section 22.02 - Timing of Payment

Current through Register 1525, July 5, 2024
The Principal shall be paid, or collected as the case may be,
				together with interest thereon at a rate equal to the CPI-W index, as
				determined by the Commissioner for Social Security, for the year when the
				Principal amount should have been paid or not paid, such interest accruing on
				December 31st of that year and compounding annually
				on December 31st of each subsequent
				year.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 22.00 - Interest On Incorrect Payments › Section 22.03 - Waiver

Current through Register 1525, July 5, 2024
Nothing in
				807 CMR 22.00 shall prevent
				the Board from waiving repayment of any amount or portion thereof eligible for
				waiver pursuant to M.G.L. c. 32, § 20(5)(c)(3) (the so-called "Needham
				bill").
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 23.00 - Effective Date Of Service Purchase Interest Rate › Section 23.01 - Types of Changes to Interest Rates

Current through Register 1525, July 5, 2024
807CMR 23.00 governs the date on which the interest rate
				applicable to service purchases is determined. Service purchase interest rates
				may change, for example, due to changes in the actuarial assumed interest rate
				determined by PERAC (which in turn determines the statutory "buyback interest"
				rate) or action of the Legislature. When interest rates change, a member may be
				uncertain whether the interest rate that governs his or her service purchase is
				the one prevailing on the date of application for the service purchase, the
				date the member is invoiced for the purchase, or the date that the member pays
				for the purchase. When interest rates reduce, significant administrative
				inefficiency and delay may result from members withdrawing their outstanding
				applications and re-applying in order to take advantage of the lower
				rate.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 23.00 - Effective Date Of Service Purchase Interest Rate › Section 23.03 - Application Date

Current through Register 1525, July 5, 2024
For purposes of
				807 CMR 23.02, the
				"date of application" will be presumed to be the date of invoicing in cases
				where the member could have withdrawn his or her service purchase application
				and re-applied, and where doing so before the date of invoicing would have
				resulted in a reduction in the applicable interest rate.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 24.00 - Shared Employees › Section 24.01 - Scope and Definitions

Current through Register 1525, July 5, 2024
807 CMR
				24.00 affects members employed by MTRS participating
				employers who also work for private entities, including non-profit
				corporations, affiliated with their public employer. It does not apply to
				post-retirement employment.
For purposes of
				807 CMR
				24.00, an "MTRS participating employer" is any public
				entity, employees of which are enrolled in the MTRS, including but not limited
				to public school districts, regional school districts, educational
				collaboratives, charter schools (with regard to the employment of teachers),
				and virtual schools established pursuant to M.G.L. c. 71, § 94.
For purposes of
				807 CMR
				24.00, a "Related For-profit or Non-profit
				Organization" is a for-profit or non-profit organization, including a
				corporation, trust or partnership, that shares officers, directors, employees,
				trustees, or partners with an MTRS participating employer.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 24.00 - Shared Employees › Section 24.02 - Public Employment

Current through Register 1525, July 5, 2024
(1) Any MTRS
			 participating employer, as defined above, is a public employer for purposes of
			 M.G.L. c. 32 and
			 807 CMR 20.00:
Employer in Qualified Governmental Plan
.
(2) Related For-profit or Non-profit
			 Organizations are not public employers for purposes of M.G.L. c. 32 and
			 807 CMR 20.00:
Employer in Qualified Governmental Plan
.
(3) Because the MTRS is a governmental plan
			 under the Internal Revenue Code and M.G.L. c. 32, only service as an employee
			 of a public employer can be membership service, or be purchased under those
			 applicable statutory provisions allowing the purchase of public employment, and
			 only compensation paid by a public employer for service to that public employer
			 can be regular compensation.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 24.00 - Shared Employees › Section 24.03 - Shared Employment

Current through Register 1525, July 5, 2024
(1) For members
			 in service who also perform service for a Related For-profit or Non-profit
			 Organization, regardless of whether the member in service is paid for service
			 to the Related For-profit or Non-profit Organization, the MTRS will determine
			 the pro-rated portion of service and compensation that represents membership
			 service and regular compensation for purposes of M.G.L. c. 32. The fact that an
			 MTRS Participating Employer may delegate its management functions to a
			 for-profit or non-profit corporation, for example in a "turnaround situation,"
			 does not alone mean that the member in service is performing service for that
			 corporation and not the MTRS Participating Employer.
(2) In doing so, the MTRS shall require
			 verification of time allocation through whatever mechanism or documentation it
			 determines is appropriate including, but not limited to, verified time sheets.
			 In the absence of such verification, the MTRS may, in appropriate
			 circumstances, presume an allocation of time and/or compensation that is
			 pro-rated based on the total number of entities, determine that a de minimis
			 number of hours was allocated to non-public employers and therefore no
			 allocation is necessary, or use such other allocation as it determines is
			 reasonable.
Code of Massachusetts Regulations › 808 CMR - DIVISION OF PURCHASED SERVICES › Title 808 CMR 1.00 - Compliance, Reporting And Auditing For Human And Social Services › Section 1.01 - Purpose and Application

Current through Register 1525, July 5, 2024
(1)
Purpose
. 808 CMR 1.00 governs contract compliance, financial reporting and auditing requirements applicable to all procurements of Human and Social Services and to M.G.L. C. 71B Approved Private Schools subject to the authority of the Bureau of Purchased Services within the Operational Services Division (OSD). 808 CMR 1.00 also describes the methods used by OSD in authorizing prices for M.G.L. c. 71B Approved Private School special education Programs.
(2)
Application
. 808 CMR 1.00 applies to Contractors and Subcontractors providing Human and Social Services to any Department and to all Contractors operating Programs approved by the Department of Elementary and Secondary Education (ESE) under M.G.L. c. 71B and to their independent auditors, and to any Executive Office, Department, Agency, Board, Commission or Institution of the Executive Department, but excluding the Legislative and Judicial Branches, the Constitutional Offices, the Public Institutions of Higher Education and independent public authorities. Where a Contractor utilizes a Subcontractor to provide some or all of the Human and Social Services or in a Program approved by ESE under M.G.L. c. 71B, the subcontract between the Contractor and the Subcontractor shall require that all provisions of 808 CMR 1.00 shall apply to the Subcontractor as well. As 808 CMR 1.00 applies to services purchased pursuant to M.G.L. c. 71B, it also applies to Commonwealth Local Education Authorities (LEAs). OSD or its designee shall issue policies, procedures, and forms related to contract compliance, accounting principles, auditing standards, and pricing as may be determined necessary by OSD to implement the provisions of 808 CMR 1.00 and 801 CMR 21.00:
Procurement of Commodities or Services,
which are in addition to the terms of 808 CMR 1.00.
Code of Massachusetts Regulations › 808 CMR - DIVISION OF PURCHASED SERVICES › Title 808 CMR 1.00 - Compliance, Reporting And Auditing For Human And Social Services › Section 1.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Client Identification
. No documents submitted to OSD shall include information that identifies a Client by name or by other means that includes personally identifiable information. Client identification numbers or another numbering scheme should be utilized.
(2)
Waiver of 808 CMR 1.00
. Upon request, OSD may consider waiving the applicability of one or more provisions of 808 CMR 1.00, provided that all such requests: are in writing and signed by an authorized signatory; specify the transactions to which such waiver would apply and the specific provisions of 808 CMR 1.00 which are to be waived; and are accompanied by documentation and justification deemed sufficient by OSD to support the need for relief. Waivers do not affect the responsibility of a Department or Contractor to comply with other applicable regulations or statutes.
(3)
808 CMR 1.00 Prohibitions
. The failure of a Department or OSD to identify violations of 808 CMR 1.00 in determining or authorizing a price shall not be deemed a waiver of violations of 808 CMR 1.00 which are identified later.
(4)
Price Limitations
. The Commonwealth cannot be charged a rate or authorized price which is higher than the lowest fee charged to the general public or third party payor for human and social services except as follows:
(a) Where a client receiving Sponsored services from the Department is charged a fee that the Contractor has collected and the fee is calculated based upon that Department's approved sliding fee scale; or
(b) Where a provider has sufficient restricted charitable contributions designated by their donor to be used to offset the difference between the fee charged to a private paying client and the rate charged to the Commonwealth.
Code of Massachusetts Regulations › 808 CMR - DIVISION OF PURCHASED SERVICES › Title 808 CMR 1.00 - Compliance, Reporting And Auditing For Human And Social Services › Section 1.05 - Non-reimbursable Costs

Current through Register 1525, July 5, 2024
Funds received from Departments may only be used for Reimbursable Operating Costs as defined in 808 CMR 1.02. In addition, funds may not be used for costs specifically identified in 808 CMR 1.05 as non-reimbursable. Expenditures not in accordance with 808 CMR 1.05 are subject to recoupment, intercept, offset, and where appropriate, the Authorized Price is subject to adjustment, as determined by the Commonwealth.
(1)
Unreasonable Costs
. Any costs not determined to be Reimbursable Operating Costs as defined in 808 CMR 1.02 or any amount paid for goods or services which is greater than either the market price or the amount paid by comparable Departments or other governmental units within or outside of the Commonwealth.
(2)
Certain Depreciation
.
(a) Depreciation for assets to the extent that the assets have previously been depreciated by the Contractor.
(b) Depreciation which is computed by a method other than the following: an historical cost basis with a straight line method; using a schedule of asset service lives pursuant to OSD policy; and charging one half of the annual depreciation expense in each of the years of acquisition and disposal.
(c) Depreciation on idle, excess, or donated assets or on that portion of an asset's historical cost basis which was paid for from Restricted Funds.
(d) Depreciation on assets acquired under a capital budget approved by a Department and held in trust for the Commonwealth of Massachusetts or depreciation on assets acquired under a capital budget approved by a Department to which the Contractor holds title under the terms of a contract.
Code of Massachusetts Regulations › 808 CMR - DIVISION OF PURCHASED SERVICES › Title 808 CMR 1.00 - Compliance, Reporting And Auditing For Human And Social Services › Section 1.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of 808 CMR 1.00 are severable. If any provision of 808 CMR 1.00 or its application is held to be illegal, unenforceable or void, Departments and Contractors shall be relieved of the obligations under that provision and all other provisions shall remain in full force and effect. Such invalidity shall not be construed to affect the application of the provision under circumstances other than those held invalid.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.02 - Powers of the Board

Current through Register 1525, July 5, 2024
(1) The Board is
			 authorized to review and approve Proposed Projects which meet each of the
			 standards set forth in
			 810
			 CMR 2.02(1)(a) through (g).
			 The Board may approve any Proposed Project which:
(a) represents sound management of Assets
			 held by the Agency;
(b) is
			 technically and financially viable;
(c) does not interfere with current or
			 foreseeable legal obligations of the Agency;
(d) does not constitute a conflict of
			 interest;
(e) does not result in
			 windfall profits to any individual or group of individuals;
(f) serves a public purpose or is in the
			 public interest; and
(g)
			 establishes an open and competitive process for property procurement and
			 disposition, consistent with the intended public benefit.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.03 - Meeting and Voting Procedures

Current through Register 1525, July 5, 2024
(1) The Board shall
			 act in accordance with the procedures set forth in Robert's Rules of Order or
			 any other recognized procedures which may be adopted by the Board; provided
			 that in the event of a conflict between such procedures and
			 810 CMR
			 2.00,
			 810 CMR
			 2.00 shall govern, and provided further that any
			 failure on the part of the Board to act in accordance with such procedures
			 shall not invalidate any actions taken by the Board.
(2) The Board may vote to conduct a public
			 hearing on any Project Proposal, in addition to any public hearing which the
			 Agency is required to conduct under
			 810
			 CMR 2.05(3)
(3) No Board member shall participate in the
			 approval of a Project or in consideration of any other matter in which the
			 Board member or any member of his or her immediate family has a direct or
			 indirect present or future financial interest or which would financially
			 benefit such person in any way. Compliance with the requirements placed upon a
			 state employee under M.G.L. c. 268A shall constitute presumptive compliance
			 with the requirements of the preceding sentence. Any disclosure, report or
			 other writing filed by a Board member with the State Ethics Commission under
			 the provisions of M.G.L. c. 268A shall also be filed with the Board.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.04 - Preliminary Project Proposals

Current through Register 1525, July 5, 2024
(1) An Agency shall
			 submit a Preliminary Project proposal to the Board containing sufficient
			 information for the Board to understand the Proposed Project and make a
			 preliminary assessment of whether the Proposed Project, including any proposed
			 alternative property procurement or disposition methods, meets the standards
			 for approval set forth in M.G.L. c. 7B, and
			 810
			 CMR 2.02(1). The submission
			 shall include the following information:
(a)
			 Description of the Project.
(b)
			 Description of the Asset involved, its current use, and an explanation as to
			 why that current use is no longer required;
(c) The public purpose of the Project and the
			 public benefits to be realized from the Project;
(d) Identification of property procurement or
			 disposition laws or regulations otherwise applicable which must be waived to
			 accomplish the Project;
(e)
			 Description of proposed alternative property disposition or procurement
			 requirements;
(f) Financial and
			 market information (if appropriate) to demonstrate Project
			 feasibility;
(g) List of any
			 materials identified in
			 810
			 CMR 2.06(2)  which may not
			 be relevant to the proposed Project; and
(h) Plan for public review prior to
			 submission of the Project Proposal, including public hearing(s).
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.05 - Public Notice and Comment Requirements

Current through Register 1525, July 5, 2024
(1) Agencies shall,
			 prior to submitting a Project Proposal to the Board for a Proposed Project
			 which has received preliminary approval under
			 810
			 CMR 2.04(2), publish a
			 Notice of Intent to Submit a Proposal (this publication requirement shall also
			 apply to Low Impact Electronic, Communications and Telecommunications Projects
			 and Acquisition Projects even though preliminary approval of such Projects is
			 not required). Such notice shall include:
(a)
			 a brief summary of the Project, including a description of the Asset, the
			 general location of any real property involved in the Proposed Project, and an
			 estimate of the value of the Asset;
(b) the location or office at which draft
			 Project Proposals are available;
(c) an invitation for public comment and, if
			 required by
			 810 CMR
			 2.00, the date, time, and location of a public hearing
			 on the proposal; and
(d) the
			 procedures and deadlines for submitting comments. A copy of such notice shall
			 also be sent to each member of the Board. Notices shall also be sent, in the
			 case of a Proposed Project involving the acquisition or disposition of an
			 interest in real property with an estimated value greater than $100,000, to the
			 members of the General Court in the legislative district in which the Project
			 is located, in the case of a city under the "Plan E" form of government, to the
			 city manager in the case of all other cities, to the mayor and the city council
			 and in the case of a town, to the chairman of the board of selectman, the
			 county commissioners, and the regional planning agency.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.06 - Project Proposal

Current through Register 1525, July 5, 2024
(1) After public
			 notice and public hearing, if applicable, an Agency may submit a Project
			 Proposal for action by the Board. Any such Project Proposal shall include
			 sufficient information for the Board to determine whether the Proposed Project
			 meets the standard for approval set forth in M.G.L. c. 7B and in
			 810
			 CMR 2.02(1).
(2) The proposal shall include, at a minimum,
			 the following (if applicable):
(a) A detailed
			 description of the Project including:
1. the
			 Asset involved and, in the case of a disposition, its current use;
2. anticipated public benefits to be realized
			 from the Project;
3. anticipated
			 publicly paid capital and operating costs, and the source of funds for such
			 costs;
4. estimated revenues, their
			 sources and application;
5. the
			 anticipated market for the property procurement or disposition;
6. private sector participation required for
			 the Proposed Project and the feasibility of obtaining such
			 participation;
7. a schedule for
			 implementation showing major milestones and completion dates; and
8. performance measures to determine the
			 success or failure of the Proposed Project.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.07 - Project Approvals

Current through Register 1525, July 5, 2024
(1) Votes on a
			 Project Proposal shall take one of the following forms:
(a) approval of the Project and establishment
			 of alternative property procurement and disposition procedures;
(b) disapproval of the Project; or
(c) request that the Agency submit a modified
			 Project Proposal.
The Board may condition approval of a Project on modifications
				specified by the Board.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.08 - Project Monitoring Responsibilities

Current through Register 1525, July 5, 2024
(1) The Board
			 shall monitor Approved Projects by conducting such activities as the Board
			 deems appropriate, which activities shall include one or more of the following:
(a) periodic site visits;
(b) review of annual reports submitted by the
			 Agency under
			 810
			 CMR 2.08(2) and annual
			 independent audits submitted by the Agency if such audits were required by the
			 Board; and
(c) periodic review of
			 the public purposes set forth in the Project Proposal and compliance with any
			 terms and conditions of the Project approval.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.09 - Trusts

Current through Register 1525, July 5, 2024
(1) Following review of an Agency request
			 under
			 810
			 CMR 2.06(2)(k), the Board
			 may vote to authorize a Trust Fund to be established by the State Treasurer to
			 receive 50% of the proceeds accruing to an Agency from an Approved Project. The
			 administrator in charge of the proposing Agency shall serve as the sole trustee
			 of any such Trust Fund and shall utilize the Trust Fund for administration of
			 the Approved Project and to otherwise advance the purposes of the Agency. All
			 expenditures from the Trust Fund shall require the authorization of such
			 administrator and the approval of the Secretary of Administration and Finance
			 and shall conform to standard state accounting procedures and to such further
			 requirements as may be prescribed from time to time by the comptroller. Each
			 Agency which administers a Trust Fund hereunder shall report annually to the
			 House and Senate Committees on Ways and Means, within 90 days after the end of
			 each Fiscal Year, as to the amount of funds received in and expenditures made
			 from any Trust Fund during the Fiscal Year.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.10 - Termination

Current through Register 1525, July 5, 2024
(1) The Board may terminate any Approved
			 Project if it finds that the Project no longer serves the public purpose
			 justifying its approval by the Board, or that approval was based on information
			 which was substantially incorrect or materially misrepresented, provided that:
(a) such termination takes place only after
			 careful review of the Project objectives, the Project's contribution to the
			 public purpose justifying its approval to the Board, and the potential
			 consequences of termination; and
(b) no such termination shall affect the
			 rights of any private party to any Contract, unless such termination is a
			 result of the fraud, material misrepresentation or material breach of such
			 private party.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 2.00 - Asset Management Board › Section 2.11 - Severability

Current through Register 1525, July 5, 2024
(1) If any article, section, subsection,
			 sentence, clause, or phrase, of
			 810 CMR
			 2.00 is for any reason held to be unconstitutional,
			 contrary to statute, in excess of the authority of the Board, or otherwise
			 invalid, the remainder of
			 810 CMR
			 2.00 shall continue in full force and effect and shall
			 not be affected thereby.
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 4.02 - Contractor's Certificate of Eligibility

Current through Register 1525, July 5, 2024
(1)
Contents
. Each
				Certificate of Eligibility issued by DCAM shall contain the following
				information:
(a) name and address of the
				Contractor,
(b) Categories of Work
				for which the Contractor has been certified,
(c) Contractor's Single Project
				Limit,
(d) Contractor's Aggregate
				Work Limit,
(e) time period during
				which the certificate of eligibility shall be valid, and
(f) any other information the Commissioner
				may prescribe.
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 4.03 - Categories of Work

Current through Register 1525, July 5, 2024
(1) DCAM shall
				certify a Contractor in one or more Categories of Work and shall certify a
				Contractor in a requested Category of Work if DCAM's evaluation of the
				Contractor establishes that the Contractor has the experience and competence to
				perform such work and the Contractor has met all other requirements for
				certification.
(2)
Standard Categories
. DCAM shall establish a list of
				Categories of Work from among the various classes of work in the building
				construction trades. The Contractor shall identify on the application for
				certification each Category of Work for which certification is
				sought.
(3)
Special
				Categories
. In the event an Awarding Authority intends to solicit
				bids for a Building Project requiring general bids from Contractors skilled in
				a unique or specialized class of work not included among the standard
				Categories of Work, DCAM may establish a special Category of Work for such
				project in consultation with the Awarding Authority. If DCAM establishes a
				special Category of Work, then the Awarding Authority shall also establish a
				schedule that will allow interested Contractors to seek and obtain
				certification in the special Category of Work prior to the date of receipt of
				general bids.
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 4.05 - Capacity Ratings

Current through Register 1525, July 5, 2024
(1) DCAM shall
				determine the maximum amount of work an applicant for certification is capable
				of undertaking on an individual project basis and on an aggregate basis, and
				shall assign each Contractor a Single Project Limit and Aggregate Work Limit
				for certification purposes.
(2)
Single Project Limit
. A Contractor's Single Project
				Limit shall be based upon the average of the largest two public or private
				Building Projects in a Category of Work for which the Contractor obtains
				certification, completed by the Contractor within the past five years. The two
				projects must each receive satisfactory Project Ratings for them to be
				considered for capacity purposes. Subject to the Contractor's bonding limits as
				provided in 810 CMR 4.05(4), a Contractor's Single Project Limit shall equal
				130% of the mean average of the contract dollar value of the two projects. The
				Commissioner may institute a procedure for increasing the foregoing percentage
				to 180% for any Contractor who has demonstrated a capacity to successfully
				undertake larger projects based upon a record of superior performance or other
				factors prescribed by the Commissioner.
(3)
Aggregate Work
				Limit
. A Contractor's Aggregate Work Limit shall be based on the
				dollar value of the largest volume of construction work completed by the
				Contractor during any 12 consecutive month period within the past five years as
				demonstrated in CPA-prepared documentation subject to the Contractor's bonding
				limits. A Contractor's Aggregate Work Limit shall equal 130% of such dollar
				value, provided that the Commissioner may institute a procedure for increasing
				the foregoing percentage to 180% for an Contractor who has demonstrated a
				capacity to successfully undertake a greater volume of work based upon a record
				of superior performance or other factors prescribed by the
				Commissioner.
(4)
Bonding Limits
. A Contractor applying for
				certification or recertification must establish to the satisfaction of DCAM
				that it will be able to secure a performance bond and a payment bond by a firm
				that is duly 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. In no event may the Contractor's
				Single Project Limit or Aggregate Work Limit exceed the Contractor's bonding
				capacity. If the Contractor's single project or aggregate bonding capacity is
				less than the Contractor's Single Project Limit or Aggregate Work Limit as
				determined by DCAM, then the Contractor's Single Project Limit or Aggregate
				Work Limit will be limited to such bonding capacity.
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 4.06 - Selection of Projects for Evaluation

Current through Register 1525, July 5, 2024
(1) DCAM shall consider evaluations of public
				and/or private Building Projects completed by the Contractor within five years
				prior to the date DCAM receives the Contractor's application for
				certification.
(2) DCAM shall not
				be required to obtain evaluations of all Building Projects completed by the
				Contractor. DCAM may consider a representative sample of completed projects and
				may require that each evaluated project be of a minimum dollar value.
(3) DCAM shall consider project evaluations
				of Awarding Authorities, owner's project managers, or owners of private
				Building Projects on properly completed Standard Contractor Evaluation Forms
				issued by DCAM pursuant to M.G.L. c. 149, § 44D and submitted to DCAM as
				prescribed in the Guidelines. DCAM shall consider only reliable evaluations
				that are indicative of Contractor's ability to perform Building Projects of the
				type and size for which certification is requested.
(4) DCAM may also obtain evaluations of
				completed Building Projects through telephone interviews. DCAM personnel shall
				use the Standard Contractor Evaluation Form as a questionnaire when obtaining
				evaluations through telephone interviews.
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 4.07 - Rating of Project Performance

Current through Register 1525, July 5, 2024
(1)
Standard Contractor Evaluation Form
. The Standard
				Contractor Evaluation Form shall be used to rate the Contractor on a single
				Building Project according to criteria established by the Commissioner for
				assessing the performance of the Contractor on the project.
(2)
Project Rating
.
				The representative of the Awarding Authority or private Building Project owner
				evaluating the Contractor's performance on the project shall score the
				contractor on each performance criterion. The Contractor's Project Rating for
				the project shall be the total of the scores given for each
				criterion.
(3)
Average
				Project Rating
. DCAM shall assign each Contractor an Average
				Project Rating which shall be the average of Project Ratings given to the
				Contractor for all of the evaluated Building Projects completed within the time
				frame established by M.G.L. c. 149. The Contractor's performance on projects
				shall be considered satisfactory only if the Average Project Rating meets or
				exceeds the minimum rating outlined in the Guidelines.
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 4.08 - Contractor Appeal Process

Current through Register 1525, July 5, 2024
A Contractor aggrieved by any action or decision by DCAM may, within five business days of receipt of notice, request copies of the information upon which DCAM relied in making its preliminary determination. Within ten business days of receipt of notice, the Contractor may submit further information to DCAM with a request for reconsideration. DCAM shall issue a final determination regarding any action or decision by DCAM within 30 business days from the date of its preliminary determination, unless the Contractor and DCAM agree to extend the 30 day period. Any Contractor aggrieved by the final determination of DCAM may appeal in writing to the Office of the Attorney General within five business days of receipt of final determination.
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 SUB-BIDDERS › Section 4.09 - Sub-bidder Certificate of Eligibility

Current through Register 1525, July 5, 2024
(1)
Contents
. Each Sub-bidder Certificate of Eligibility issued by DCAM shall contain the following information:
(a) name and address of the Sub-bidder,
(b) Sub-bidder Categories of Work for which the Sub-bidder has been certified,
(c) time period during which the Sub-bidder Certificate of Eligibility shall be valid,
(d) the number of prior Building Projects evaluated by DCAM on the Sub-bidder,
(e) the Average Project Rating of the Sub-bidder,
(f) the number of Project Ratings that fall below the passing score, and
(g) any other information the Commissioner may prescribe.
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 SUB-BIDDERS › Section 4.10 - Sub-bidder Categories of Work

Current through Register 1525, July 5, 2024
(1) DCAM
				shall certify a Sub-bidder in one or more Sub-bidder Categories of Work and
				shall certify a Sub-bidder in a requested Sub-bidder Category of Work if DCAM's
				evaluation of the Sub-bidder establishes that the Sub-bidder has the experience
				and competence to perform such work and the Sub-bidder has met all other
				requirements for certification.
(2)
Standard Categories
. DCAM shall establish a list of
				Sub-bidder Categories of Work from among the various trades of work in the
				building construction industry pursuant to M.G.L. c. 149, § 44F. The
				Sub-bidder shall identify on the application for certification each Sub-bidder
				Category of Work for which certification is sought.
(3)
Special
				Categories
. In the event an Awarding Authority intends to solicit
				bids for a Building Project requiring sub-bids from Sub-bidders skilled in a
				unique or specialized class of work not included among the standard Sub-bidder
				Categories of Work, DCAM may establish a special category of work for such
				project in consultation with the Awarding Authority. If DCAM establishes a
				special category of work, then the Awarding Authority shall also establish a
				schedule that will allow interested Sub-bidders to seek and obtain
				certification in the special category of work prior to the date of receipt of
				general bids.
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 SUB-BIDDERS › Section 4.11 - Sub-bidder Requirements/Conditions for Certification

Current through Register 1525, July 5, 2024
A Sub-bidder must establish to the satisfaction of DCAM that
				  it is competent and responsible. DCAM shall not issue a Sub-bidder Certificate
				  of Eligibility to a Sub-bidder if DCAM determines that the Sub-bidder lacks
				  competence or responsibility.
(1) The
				Commissioner shall establish in the Sub-bidder Guidelines a minimum Overall
				Numerical Rating required for certification. DCAM shall not issue a Certificate
				of Eligibility to a Sub-bidder who fails to achieve an Overall Numerical Rating
				at least equal to the minimum Overall Numerical Rating required for
				certification. The Commissioner reserves the right not to certify a Sub-bidder
				and may decertify a Sub-bidder who fails to meet other requirements for
				certification even though the Sub-bidder 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 Sub-bidder Categories of Work for which it seeks
				certification.
(3) A Sub-bidder
				must establish to the satisfaction of DCAM that the Sub-bidder is financially
				responsible, based upon such criteria concerning the Sub-bidder's financial
				condition as the Commissioner may prescribe.
(4) A Sub-bidder must have management or
				supervisory personnel who are experienced in the performance of the respective
				Sub-bidder Categories of Work being sought.
(5) A Sub-bidder must provide complete and
				accurate answers to all questions in the application for certification and
				Sub-bidder 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 Sub-bidder engages in legal
				contracts shall be grounds for denial and debarment.
(6) A Sub-bidder must meet all other
				requirements for certification established by the Commissioner in the
				Sub-bidder 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.
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 SUB-BIDDERS › Section 4.12 - Selection of Projects for Evaluation

Current through Register 1525, July 5, 2024
(1) DCAM shall consider evaluations of public
				and/or private Building Projects completed by the Sub-bidder within three years
				prior to the date DCAM receives the Sub-bidder's application for
				certification.
(2) DCAM shall not
				be required to obtain evaluations of all Building Projects completed by the
				Sub-bidder. DCAM may consider a representative sample of completed projects and
				may require that each evaluated project be of a minimum dollar value.
(3) DCAM shall consider project evaluations
				by Awarding Authorities, owners of private Building Projects, Owner's Project
				Managers, or general contractors on properly completed Standard Contractor
				Evaluation Forms issued by DCAM pursuant to M.G.L. c. 149, § 44D and
				submitted to DCAM as prescribed in the Sub-bidder Guidelines. DCAM shall
				consider only evaluations which DCAM, in its sole discretion, deems reliable
				and that are indicative of the Sub-bidder's ability to perform Categories of
				Work for which certification is requested.
(4) DCAM may also obtain evaluations of
				completed Building Projects through telephone interviews. DCAM personnel shall
				use the Standard Contractor Evaluation Form as a questionnaire when obtaining
				evaluations through telephone interviews.
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 SUB-BIDDERS › Section 4.13 - Rating of Project Performance

Current through Register 1525, July 5, 2024
(1)
Standard Contractor Evaluation Form
. The Standard
				Contractor Evaluation Form shall be used to rate the Sub-bidder on a single
				Building Project according to criteria established by the Commissioner for
				assessing the performance of the Sub-bidder on the project.
(2)
Project Rating
.
				The representative of the Awarding Authority or private Building Project owner
				evaluating the Sub-bidder's performance on the project shall score the
				Sub-bidder on each performance criterion. The Sub-bidder's Project Rating for
				the project shall be the total of the scores given for each
				criterion.
(3)
Average
				Project Rating
. DCAM shall assign each Sub-bidder an Average
				Project Rating which shall be the average of Project Ratings given to the
				Sub-bidder for all of the evaluated Building Projects completed within the time
				frame established by M.G.L. c. 149. The Sub-bidder's performance on projects
				shall be considered satisfactory only if the Average Project Rating meets or
				exceeds the minimum rating outlined in the Sub-bidder Guidelines.
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 SUB-BIDDERS › Section 4.14 - Capacity Ratings

Current through Register 1525, July 5, 2024
DCAM shall not issue Capacity Ratings for
				  Sub-bidders.
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 SUB-BIDDERS › Section 4.15 - Sub-bidder Appeal Process

Current through Register 1525, July 5, 2024
A Sub-bidder aggrieved by any action or decision by DCAM may,
				  within five business days of receipt of notice, request copies of the
				  information upon which DCAM relied in making its preliminary determination.
				  Within ten business days of receipt of notice, the Sub-bidder may submit
				  further information to DCAM with a request for reconsideration. DCAM shall
				  issue a final determination regarding any action or decision by DCAM within 30
				  business days from the date of its preliminary determination, unless the
				  Sub-bidder and DCAM agree to extend the 30 day period. Any Sub-bidder aggrieved
				  by the final determination of DCAM may appeal in writing to the Office of the
				  Attorney General within five business days of receipt of final
				  determination.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 5.00 - Contractor Debarment Procedures Under Mgl C. 149, Section 44c › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
810 CMR 5.00 establishes a
				procedure by which contractors whose actions show a lack of integrity can be
				excluded from public contracting.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 5.00 - Contractor Debarment Procedures Under Mgl C. 149, Section 44c › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				810 CMR 5.00, the following
				words and phrases shall have the meanings set forth:
Affiliates
- two entities one of which
				either directly or indirectly controls or has the power to control the other,
				or when a third party controls or has the power to control both.
Contractor
- any person or entity that
				has furnished or seeks to furnish goods or services under contract with a
				public agency or with an individual or entity under contract with a public
				agency relating to the acquisition, planning, design, construction, demolition,
				installation, repair or maintenance of any capital facility. Contractors
				subject to
				810 CMR 5.00 shall include,
				but shall not be limited to general contractors, subcontractors, materials
				suppliers and vendors, and suppliers of architectural, engineering,
				construction management, testing, land surveying and consultant services.
				Employees of a public agency who furnish goods or services in the course of
				their employment shall not be subject to
				810 CMR 5.00.
Debarment
- an exclusion from public
				contracting or subcontracting for a reasonable, specified period of time not to
				exceed five years commensurate with the seriousness of the offense.
Deputy Commissioner
- the Deputy
				Commissioner of the Division.
DCPO
- the Division of Capital
				Planning and Operations.
Public Contract
- any contract for the
				furnishing of goods or services to any public agency relating to the
				acquisition planning, design, construction, demolition, installation,
				renovation, repair or maintenance of any capital facility.