Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.05 - Modification, Suspension, or Revocation of Prequalification Certification

Current through Register 1525, July 5, 2024
(1)
Procedure
. The Prequalification Committee may modify,
			 suspend, or revoke the Contractor's Prequalification certification if it
			 determines that the Contractor may be ineligible for reasons including, but not
			 limited to, the following:
(a) the Contractor
			 is presently debarred from performing work of any kind under the provisions of
			 M.G.L. c. 29, § 29F, or any other applicable debarment provisions of the
			 Massachusetts General Laws or any rule or regulation promulgated thereunder;
			 or
(b) the Contractor is presently
			 suspended or debarred from performing work of any kind under the laws of any
			 state other than the Commonwealth of Massachusetts, or by any Federal agency or
			 authority; or
(c) there is reason
			 to believe that the condition of the Contractor's firm is materially less
			 favorable than at the time of its last Application for Prequalification;
			 or
(d) the Contractor does not have
			 sufficient personnel, equipment, or sufficient assets to provide the necessary
			 personnel, or to provide the necessary equipment either through purchase or
			 lease agreements; or
(e) the
			 Contractor's performance on past or current work with the Department or Other
			 Awarding Authorities is or has been deemed to be unsatisfactory including, but
			 not limited to, the Department's evaluation of the quality of the Contractor's
			 performance, whether as a general contractor or subcontractor, in accordance
			 with the Record of Contractor's Performance (Form CSD-680); or
(f) on current projects of the Department or
			 Other Awarding Authorities, the Contractor frequently fails or has failed to
			 pay its subcontractors or material suppliers in a timely manner; or
(g) Multiple subcontractors of the Contractor
			 for any projects currently under construction have, within any 12-month period,
			 filed demands for direct payment with the Department in accordance with M.G.L.
			 c. 30, § 39F and such demands have been determined by the Department to
			 have merit; or
(h) the Contractor
			 has been convicted of a criminal offense involving embezzlement, theft,
			 forgery, bribery, falsification of or destruction of records, receiving stolen
			 property, violation of labor laws, or any other offense indicating a lack of
			 business integrity or business honesty; or
(i) the Contractor has willfully supplied
			 materially false information incident to obtaining or attempting to obtain or
			 performing any public contract or subcontract; or
(j) the Contractor has a record of contract
			 terminations for cause and/or invoked performance bonds, requiring the surety
			 to honor the terms of the Contractor or its predecessors or its successors in
			 interest; or
(k) the Contractor has
			 a record of excessive payment bond claims or direct payment claims;
			 or
(l) the Contractor has failed to
			 obtain and/or maintain worker's compensation insurance for the proper
			 classification(s) of work; or has a record of excessive workers' compensation
			 injuries; or
(m) the Contractor has
			 failed to obtain and/or maintain any other mandatory insurance coverage;
			 or
(n) the Contractor has failed to
			 maintain recordkeeping and accounting requirements prescribed by law or
			 regulations; or
(o) the Contractor
			 has a record of willful or repeat safety or health violations, or has otherwise
			 failed to adequately provide for the health, safety and/or security of the
			 public during any project with the Department or any Other Awarding Authority;
			 or
(p) the Contractor has failed to
			 properly implement or manage its health and safety protocols or has failed to
			 properly train, oversee, and manage its workforce; or
(q) the Contractor has failed to implement
			 proper management and administrative controls to avoid the risk of harm to its
			 employees, MassDOT staff, and the public; or
(r) the Contractor has abandoned or is in the
			 process of abandoning one or more contracted projects with the Department or
			 any Other Awarding Authority; or
(s) the Contractor is not otherwise an
			 eligible and responsible Bidder capable of performing the work; or
(t) the Contractor has multiple instances of
			 submitting bids to the Department or Other Awarding Authority
(1) without being on the approved
			 Prequalification list issued to the Other Awarding Authority;
(2) without presently being
			 Prequalified;
(3) without being
			 prequalified in the approved class of work for a project
(4) without requesting and obtaining an
			 approved waiver to bid above the current class of work limit; or
(5) that is above the Single Contract
			 Limit.
(u) any other
			 factor bearing on a Contractor's qualifications, competency, or eligibility
			 that, based upon a determination of the Prequalification Committee, and in the
			 discretion of the Administrator, may warrant the modification, suspension, or
			 revocation of a Contractor's Prequalification
			 certification.