Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 10.00 - Prequalification Of Subcontractors To Bid On Public Building Contracts Pursuant To M.G.L. c.149 Sections 44a Through 44j › Section 10.08 - Evaluation Process

Current through Register 1525, July 5, 2024
(1)
Register of Responders
. The Prequalification Committee
			 shall prepare a "Register of Responders" at the opening of the SOQs. The
			 "Register of Responders" shall include the name of each responder who submitted
			 a SOQ in response to the RFQ and the date and time of receipt
			 thereof.
(2)
Opening of
			 Responses
. The Awarding Authority shall not open the SOQs
			 publicly, but shall open them in the presence of one or more witnesses at the
			 time specified in the RFQ. The opening of the SOQs by the Prequalification
			 Committee shall be deemed to satisfy this requirement.
(3)
Initial Evaluation Meeting of
			 the Prequalification Committee
. Immediately following the opening
			 of the responses to the RFQ, the Prequalification Committee shall review the
			 Register of Responders and obtain copies of each SOQ (and required supporting
			 documentation) submitted by interested Subcontractors in response to the RFQ
			 and make arrangements for the checking of references.
(4)
Delegation of
			 Work
. The Prequalification Committee may delegate the checking of
			 references to individuals outside of the Prequalification Committee, provided
			 however, that the Prequalification Committee develop a written reference check
			 form with uniform questions to be asked of references by those checking
			 references on its behalf. The chairperson of the Prequalification Committee may
			 delegate additional administrative tasks necessary to facilitate the
			 prequalification process.
(5)
Review of Statements of Qualifications
. The members of
			 the Prequalification Committee shall review each of the SOQs submitted by
			 interested Subcontractors.
(6)
Meetings of the Prequalification Committee
. Upon
			 completion of their individual review of the SOQs submitted by interested
			 Subcontractors and the completion of the reference checking, the
			 Prequalification Committee shall collectively evaluate the responses to the
			 RFQ. The Prequalification Committee must evaluate each application for
			 prequalification using solely the criteria specified in M.G.L. c. 149, §
			 44D¾ and set forth in the RFQ.
(7)
Deliberations of the
			 Prequalification Committee
. The Prequalification Committee may
			 consult with other representatives from the Awarding Authority, Designer,
			 client or user agency (if applicable) or legal counsel, as necessary to
			 expedite the evaluation process. In addition, members of the Prequalification
			 Committee may contact interested Subcontractors to clarify or verify timely
			 information submitted by an interested Subcontractor in its SOQ.
(8)
Standard Prequalification
			 Evaluation Report
. Following the deliberations of the
			 Prequalification Committee, the chairperson shall complete a Prequalification
			 Evaluation Report, in a form consistent with the standard Prequalification
			 Evaluation Report prescribed by DCAMM:
Guidelines for
			 Prequalification
, which shall reflect the score achieved by an
			 interested Subcontractor in each evaluation category and subcategory. The
			 Prequalification Evaluation Report completed by the chairperson shall reflect
			 the consensus of the Prequalification Committee regarding the score received
			 for each category and subcategory and shall indicate the total points awarded
			 to the interested Subcontractor. The Prequalification Evaluation Report may be
			 customized by the Prequalification Committee to reflect project specific
			 information only.
(9)
Minimum Score Required
. In order to be prequalified by
			 the Prequalification Committee, interested Subcontractors must achieve the
			 minimum number of points in each of the four general evaluation categories as
			 well as a total minimum score overall of 70 points. All Subcontractors
			 obtaining the minimum required score in each category and a total of 70 points
			 overall shall be prequalified by the Prequalification Committee and invited to
			 submit bids consistent with M.G.L. c. 149, § 44F. The Awarding Authority
			 shall invite all achieving a score of 70 or above to submit a sub-bid on the
			 Building Project.
(10)
Time for Review
. The Prequalification Committee shall
			 endeavor to complete the evaluation process in accordance with the schedule set
			 forth in the RFQ. If, however, the Prequalification Committee is unable to
			 complete the evaluation process within the time set forth in the RFQ and there
			 are circumstances related to the Building Project that require additional time,
			 the Prequalification Committee shall provide written notice of the change in
			 schedule and expected completion date to all interested Subcontractors who have
			 submitted a SOQ.
(11)
Insufficient Number of Prequalified Subcontractors
.
(a)
Where Prequalification Is
			 Mandatory
. If the Awarding Authority qualifies fewer than three
			 Subcontractors to submit bids in each sub-bid trade and the prequalification
			 process was required, then the Awarding Authority shall reject all responses
			 and shall issue a new RFQ, at least one additional time. If, however, the
			 Awarding Authority issues at least one subsequent RFQ and is still unable to
			 prequalify at least three Subcontractors in each sub-bid trade, then the
			 Awarding Authority may do one of the following:
1. reject all responses and issue a new RFQ
			 and attempt to prequalify at least three Subcontractors in each sub-bid trade
			 for which three were not initially prequalified;
2. abandon the prequalification process and
			 invite filed sub-bids, without further prequalification, pursuant to M.G.L. c.
			 149, §§ 44A through 44J, except for M.G.L. c. 149, §§
			 44D½ and 44D¾; or
3.
			 if at least two Subcontractors were deemed prequalified by the Prequalification
			 Committee in a particular sub-bid trade, then the Awarding Authority may elect,
			 in its sole discretion, to invite sub-bids from the two Subcontractors that
			 were prequalified in that sub-bid trade.