Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 9.00 - Prequalification Of General Contractors To Bid On Public Building Contracts Pursuant To M.G.L. c. 149 Sections 44A through 44J › Section 9.04 - Prequalification Committee

Current through Register 1525, July 5, 2024
(1)
Establishment
. When the prequalification process is
			 utilized by an Awarding Authority, whether mandated or elected by the Awarding
			 Authority, the Awarding Authority shall establish a Prequalification Committee
			 prior to issuing the RFQ to General Contractors.
(2)
Purpose
. The
			 Prequalification Committee established by the Awarding Authority shall be
			 responsible for the evaluation of each General Contractor seeking
			 prequalification for a particular Building Project. Such evaluation shall be
			 conducted by review of the SOQs (and required supporting documentation)
			 submitted by General Contractors in response to an RFQ issued by an Awarding
			 Authority for the prequalification of General Contractors on said Building
			 Project.
(3)
Composition
. The Prequalification Committee shall be
			 comprised of three representatives of the Awarding Authority and one
			 representative from the Designer. Where the Building Project requires an OPM
			 pursuant to M.G.L. c 149, § 44A½, the OPM shall fill one of the
			 three Awarding Authority seats on the Prequalification Committee. Variance from
			 the aforementioned size and composition of the Prequalification Committee is
			 prohibited, except as specifically provided for in
			 810 CMR
			 9.00. Whenever the Awarding Authority is prequalifying
			 both General Contractors and Subcontractors for a particular Building Project,
			 to the extent possible, the Prequalification Committee members should be the
			 same for the prequalification evaluation of both.
(a)
Awarding Authority
			 Representatives
.
1. The Awarding
			 Authority shall appoint three representatives to the Prequalification Committee
			 who, in the sole discretion of the Awarding Authority, will best serve the
			 interests of the Building Project. Where a particular Building Project is being
			 undertaken by one Awarding Authority for the beneficial use of another Awarding
			 Authority, one representative of the Awarding Authority on the Prequalification
			 Committee may be a representative of the beneficiary Awarding Authority or user
			 agency.
2. If the Building Project
			 is one where an OPM is required pursuant to M.G.L. c. 149, § 44A½,
			 then the OPM shall be one of the three Awarding Authority representatives on
			 the Prequalification Committee.
3.
			 If the OPM is a third-party, not employed directly by the Awarding Authority,
			 then the Prequalification Committee services performed by the OPM shall be
			 included in the scope of work of the OPM's contract with the Awarding Authority
			 and the costs associated with the same shall be included in the OPM contract
			 price and specifically approved by the Awarding Authority. The OPM shall not be
			 entitled to additional compensation for any work associated with
			 prequalification services provided by the OPM unless agreed to and approved in
			 writing by the Awarding Authority.
4. If the OPM is not an employee of the
			 Awarding Authority, but a third-party retained by the Awarding Authority, then
			 the OPM must be independent of the Designer in order to avoid an appearance of
			 or an actual conflict of interest.