reglab/statecodes huggingface dataset:
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 5.03 - Grounds for Debarment

Current through Register 1525, July 5, 2024
(1) Conviction
			 or final adjudication by a court or administrative agency of competent
			 jurisdiction of any of the following offenses :
(a) a criminal offense incident to obtaining
			 or attempting to obtain a public or private contract or subcontract, or in the
			 performance of such contract or subcontract;
(b) a criminal offense involving
			 embezzlement, theft, forgery, bribery falsification or destruction of records,
			 receiving stolen property or any other offense indicating a lack of business
			 integrity or business honesty which seriously and directly affects the
			 contractor's present responsibility as a public contractor;
(c) a violation of state or federalanti trust
			 laws arising out of the submission of bids or proposals;
(d) a violation of state or federal laws
			 regulating campaign contributions;
(e) a violation of any state or federal law
			 regulating hours of labor, prevailing wages, minimum wages, overtime pay, equal
			 pay or child labor;
(f) a violation
			 of any state or federal law prohibiting discrimination in employment;
(g) repeated or aggravated violation of any
			 state or federal law regulating labor relations or occupational health or
			 safety.
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 5.05 - Term of Debarment

Current through Register 1525, July 5, 2024
(1) A
			 debarment shall be for a definite period of time, determined by the Deputy
			 Commissioner, as necessary, to protect the integrity of the public contracting
			 process in the particular instance. A debarment may not exceed five
			 years.
(2) The period of time shall
			 be commensurate with the seriousness of the offense.
(3) Elements to consider in determining the
			 duration of debarment includes but are not limited to the following:
(a) Does the offense relate to product
			 quality or workmanship?
1. Does the offense
			 affect the life and safety of others?
2. Does the unsatisfactory performance affect
			 the usefulness of the project?
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 5.06 - Removal of Debarment or Reduction in Term

Current through Register 1525, July 5, 2024
(1) A contractor may at any time request the
			 Deputy Commissioner to remove the debarment, or to reduce the period of
			 debarment, imposed under
			 810 CMR 5.00. If such request
			 is denied, the contractor may not resubmit for 30 days after the date of
			 denial.
(2) The Deputy Commissioner
			 will consider evidence submitted by the contractor as grounds for such relief,
			 such as new evidence, bona fide change of ownership or management, or
			 elimination of the cause for which debarment was imposed.
(3) If the Deputy Commissioner at his
			 discretion determines to remove the debarment, or to diminish the period
			 thereof, notice shall be sent to the contractor, and published in the Central
			 Register.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.02 - Submission of Standard Contractor Evaluation Forms by Awarding Authorities

Current through Register 1525, July 5, 2024
(1) Each Awarding
				Authority shall submit to DCAM a properly completed Standard Contractor
				Evaluation Form for the Contractor on each Building Project undertaken by such
				Awarding Authority within 70 calendar days from Completion of each Building
				Project or termination of a Contractor on a Building Project.
(2) Each Awarding Authority must forward an
				Interim Evaluation of the Contractor's performance at the mid-point of a
				Building Project's Completion directly to the Contractor.
(3) All evaluation forms must be completed
				and signed by one of the following:
(a) For
				Building Projects that require an Owner's Project Manager, then said Project
				Manager shall complete the Standard Contractor Evaluation Form; or
(b) For Building Projects that do not require
				an Owner's Project Manager, then an official from the Awarding Authority,
				architect/designer representing the Awarding Authority, or any other party
				responsible for the oversight of the project shall complete all Standard
				Contractor Evaluation Forms.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.03 - 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 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.04 - Submission of Bid

Current through Register 1525, July 5, 2024
(1) Awarding
				Authorities shall reject any bid submitted without an appropriate Certificate
				of Eligibility and Update Statement.
(2) An Awarding Authority, in determining the
				lowest eligible and responsible bidder, shall consider the information
				submitted in the Update Statement and must review the Contractor's
				certification file from DCAM.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.05 - Correction of Update Statements

Current through Register 1525, July 5, 2024
(1)
Matters of Form
. An Awarding Authority shall not
				reject a Contractor's bid because there are mistakes or omissions of form in
				the Update Statement submitted with the Contractor's bid pursuant to M.G.L. c.
				149, § 44D, provided the Contractor promptly corrects those mistakes or
				omissions upon request of the Awarding Authority.
(2)
Correction of Other
				Defects.
An Awarding Authority may, in its discretion, give a
				Contractor notice of non-material errors and omissions in the Contractor's
				Update Statement and provide an opportunity to correct its Update Statement.
				However, the Contractor shall not be allowed to make corrections to an Update
				Statement in the event of material errors or omissions filed in the Update
				Statement with the Contractor's bid. The Awarding Authority shall advise DCAM
				of any material erroneous statements or omissions in a Contractor's Update
				Statement.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.06 - Update Statement Requirements

Current through Register 1525, July 5, 2024
In addition to any other information called for in the Update
				  Statement, the Update Statement shall require the Contractor to list each
				  public or private construction project that the Contractor has under contract
				  at the time of the bid, giving the total contract value of each such contract,
				  the percentage and dollar value of the work not completed, and the number of
				  years remaining to complete the contract work. The Update Statement shall also
				  require that the dollar value of the incomplete work under each of the
				  Contractor's currently held contracts be annualized by dividing the dollar
				  value of each such contract by the number of years remaining to complete such
				  contract work. Update Statements and Sub-bidder Update Statements shall not be
				  public records and shall not be open to public inspection.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.07 - Capacity Limits

Current through Register 1525, July 5, 2024
(1) An Awarding
				Authority shall reject a Contractor's bid that exceeds the Contractor's Single
				Project Limit shownon the Contractor's Certificate of Eligibility. A
				Contractor's Single Project Limit must be equal to or greater than the
				Contractor's base bid plus all alternates irrespective of whether none, any, or
				all such alternates are used.
(2)
				The Contractor's Aggregate Work Limit may not be exceeded by the sum of the
				following:
(a) The annualized value of the
				work to be performed on the Building Project for which the bid was submitted,
				which shall be determined by dividing the Contractor's bid by the number of
				years given to complete the Building Project for which the bid was submitted;
				and
(b) The total annualized value
				of the Contractor's incomplete work under its currently held contracts, which
				shall be determine by adding together the annualized value of the incomplete
				work under each of the Contractor's currently held contracts.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › CONTRACTORS › Section 8.08 - Examination of Certification Records

Current through Register 1525, July 5, 2024
(1) All Standard Contractor Evaluation Forms
				and Contractor responses in a Contractor's certification file shall be public
				records. All other information in the certification file shall not be
				considered public records, but shall be made available to an Awarding Authority
				only pursuant to 810 CMR 8.08(2).
(2) An Awarding Authority, prior to awarding
				a contract, must inspect DCAM's certification file for any Contractor under
				consideration for a public Building Project for the purpose of establishing the
				qualifications of the Contractor to perform the project for the Awarding
				Authority. DCAM shall make a file available when the Awarding Authority
				certifies in writing that it shall use all non-public and/or proprietary
				information obtained from such examination solely for the purpose of
				determining the Contractor's qualifications and shall not make any of the
				non-public and/or proprietary information public.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.09 - Submission of Standard Contractor Evaluation Forms by Awarding Authorities

Current through Register 1525, July 5, 2024
(1) Each Awarding
				Authority shall submit to DCAM a properly completed Standard Contractor
				Evaluation Form for each of the Sub-bidder firms on each Building Project
				undertaken by such Awarding Authority within 90 calendar days from Completion
				of each Building Project or termination of a Sub-bidder on a Building
				Project.
(2) The evaluation form
				must be completed and signed by one of the following:
(a) For Building Projects that require an
				Owner's Project Manager, then said Project Manager shall complete the Standard
				Contractor Evaluation Form; or
(b)
				For Building Projects that do not require an Owner's Project Manager, then an
				official from the Awarding Authority, architect/designer representing the
				Awarding Authority, or any other party responsible for the oversight of the
				project shall complete the Standard Contractor Evaluation Form. An Awarding
				Authority or Owner's Project Manager may seek input from the general contractor
				in evaluating a sub-bidder's performance of a Building Project, however, the
				Awarding Authority or their representative must complete and sign the Standard
				Contractor Evaluation Form.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.10 - 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 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.11 - Submission of Bid

Current through Register 1525, July 5, 2024
(1) Awarding
				Authorities shall reject any bid submitted without an appropriate Sub-bidder's
				Certificate of Eligibility and Sub-bidder Update Statement.
(2) An Awarding Authority shall consider the
				information submitted in the Sub-bidder Update Statement and must review the
				Sub-bidder's certification file from DCAM.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.12 - Capacity Ratings

Current through Register 1525, July 5, 2024
DCAM shall not issue Capacity Ratings for Sub-bidders.
				  Sub-bidders that are bonded shall provide evidence of said bonding to
				  DCAM.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.13 - Correction of Sub-bidder Update Statements

Current through Register 1525, July 5, 2024
(1)
Matters of Form
.
				An Awarding Authority shall not reject a Sub-bidder's bid because there are
				mistakes or omissions of form in the Sub-bidder Update Statement submitted with
				the Sub-bidder's bid pursuant to M.G.L. c. 149, § 44D, provided the
				Sub-bidder promptly corrects those mistakes or omissions upon request of the
				Awarding Authority.
(2)
Correction of Other Defects.
An Awarding Authority
				may, in its discretion, give a Sub-bidder notice of minor defects and omissions
				as to form in the Sub-bidder's Update Statement and provide an opportunity to
				correct its Sub-bidder Update Statement. However, the Sub-bidder shall not be
				allowed to make corrections to a Sub-bidder Update Statement if material
				information about the Sub-bidder was omitted from the Sub-bidder Update
				Statement filed with the Sub - bidder's bid. The Awarding Authority shall
				advise DCAM of any material omissions in a Sub-bidder's Update
				Statement.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 8.00 - Awarding Authority Responsibility For Evaluation Of Contractors' Performance On Public Building Projects Bid Pursuant To MGL c. 149 Secs. 44a Through 44j And MGL c. 149a › SUB-BIDDERS › Section 8.14 - Examination of Sub-bidder Certification Records

Current through Register 1525, July 5, 2024
(1) All Standard Contractor Evaluation Forms
				and Sub-bidder responses in a Sub-bidder's certification file shall be public
				records. All other information in the certification file shall not be
				considered public records, but shall be made available to an Awarding Authority
				only pursuant to 810 CMR 8.14(2).
(2) An Awarding Authority must inspect DCAM's
				certification files for any Sub-bidder under consideration for a public
				Building Project for the purpose of establishing the qualifications of the
				Sub-bidder to perform the project for the Awarding Authority. The Awarding
				Authority shall certify in writing that it shall use all non-public and/or
				proprietary information obtained from such examination solely for the purpose
				of determining the Sub-bidder's qualifications and shall not make any of the
				non-public and/or proprietary information public. In addition, Sub-bidder
				Update Statements shall not be public records and shall not be open to public
				inspection.
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 9.02 - Mandatory Prequalification of General Contractors

Current through Register 1525, July 5, 2024
For all contracts subject to M.G.L. c. 149, § 44A where
				the estimated construction cost for a Building Project is not less than
				$10,000,000, all Awarding Authorities, other than the Exempt Agencies, shall
				prequalify all General Contractors to submit general bids. The provisions of
				810 CMR
				9.00 do not apply to prequalification of General
				Contractors in the context of a Building Project being undertaken using a
				Construction Manager at Risk delivery method under M.G.L. c.
				149A.
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 9.03 - Discretionary Prequalification of General Contractors

Current through Register 1525, July 5, 2024
(1) Where a Building Project is estimated to
			 cost more than $100,000, but less than $10,000,000, an Awarding Authority may
			 elect, in its own discretion, to prequalify General Contractors to submit
			 general bids, provided that the Awarding Authority conducts the
			 prequalification process in accordance with M.G.L. c. 149, § 44D½
			 and in accordance with
			 810 CMR
			 9.00.
(2)
			 An Exempt Agency may, in its own discretion, elect to prequalify General
			 Contractors to submit general bids for a particular Building Project, provided
			 that upon such election the Exempt Agency conducts the prequalification process
			 in accordance with M.G.L. c. 149, § 44D½, and
			 810 CMR
			 9.00.
(3)
			 Where prequalification is discretionary and an Awarding Authority, including
			 any Exempt Agency, elects to prequalify General Contractors, the Awarding
			 Authority may also elect to prequalify all or only certain Subcontractors for
			 the same Building Project in accordance with
			 810
			 CMR 10.03, but is not mandated to do
			 so.
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 9.06 - Statement of Qualifications

Current through Register 1525, July 5, 2024
(1)
Standardized Statement of Qualifications
. In order to
			 facilitate a uniform prequalification process and expedite the response and
			 evaluation time required, an Awarding Authority utilizing prequalification,
			 whether by mandate or by election, shall include as part of the RFQ a
			 standardized SOQ, in a form consistent with the form prescribed by DCAMM in the
DCAMM Guidelines for Prequalification
. The SOQ may be
			 customized by the Awarding Authority to include project specific information to
			 seek information relative to the evaluation criteria set forth in
			 810
			 CMR 9.05(4), but shall not
			 be otherwise modified or changed. The Awarding Authority shall make the SOQ
			 available to interested General Contractors both electronically and in paper
			 form.
(2)
Form of
			 Response to RFQ
. Interested General Contractors shall respond to
			 an RFQ issued by an Awarding Authority for the purpose of prequalification by
			 completing the SOQ provided by the Awarding Authority in the RFQ, including the
			 required schedules and attachments thereto. The SOQ must be submitted in
			 accordance with the instructions provided in the RFQ. Responses submitted in
			 any form other than the form specified by the Awarding Authority in the RFQ
			 shall be deemed disqualified from the prequalification process.
(3)
Financial Information
			 Submitted with Statement of Qualifications
. In order to preserve
			 the confidentiality of financial information submitted by a General Contractor
			 in response to the information requested for the Capacity to Complete
			 evaluation category, interested General Contractors may submit the required
			 audited financial statement and revenue under contract information in
			 accordance with the procedures set forth in
			 810
			 CMR 9.05(4)(b)3.c.
(4)
Authorization to Submit
			 Statement of Qualifications
. The SOQ shall be signed under pains
			 and penalties of perjury. The signatory of the SOQ shall be an officer of the
			 General Contractor firm authorized to sign on behalf of the General Contractor
			 firm who has full knowledge of the information being provided.
(5)
Disqualification
. Any General Contractor who fails to
			 respond to the RFQ in accordance with the instructions provided in the RFQ in
			 any material way shall be deemed to be disqualified from consideration for
			 prequalification. This includes, but is not limited to, failure to submit the
			 SOQ by the deadline set forth in the RFQ, failure to submit the SOQ to the
			 address set forth in the RFQ, failure to submit the response to RFQ on the SOQ
			 form provided, failure to sign the SOQ under the pains and penalties of
			 perjury, and failure to comply with the mandatory requirements set forth in
			 M.G.L. c. 149, § 44D½(e)(4).
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 9.09 - Required Notices upon Completion of Prequalification Evaluation

Current through Register 1525, July 5, 2024
(1)
Notice to Interested General
			 Contractors Failing to Prequalify
. Within 14 days of the
			 completion of the evaluation process by the Prequalification Committee, the
			 Awarding Authority shall send via first class mail, postage prepaid, written
			 notices to all interested General Contractors advising that they did not
			 achieve a sufficient score from the Prequalification Committee to be
			 prequalified.
(2)
Notice to Prequalified General Contractors
. Within 14
			 days of the completion of the evaluation process by the Prequalification
			 Committee, the Awarding Authority shall send
via
first class
			 mail, postage prepaid, written notice to each General Contractor advising that
			 it has been prequalified by the Prequalification Committee and will be invited
			 to submit a general bid on the Building Project.
(3)
Public Notice of
			 Prequalification
. Within 14 days of the completion of the
			 evaluation process by the Prequalification Committee, the Awarding Authority
			 shall provide public notice of all of the General Contractors who have been
			 prequalified to submit a general bid on a particular Building Project. The
			 Awarding Authority shall publish such public notice stating that only the
			 General Contractors prequalified to bid on said Building Project will be
			 invited to submit general bids and shall post the list of prequalified General
			 Contractors in its bid room or place of business where general bids are
			 customarily received for the Awarding Authority's Building Projects. Such
			 public notice of prequalified General Contractors shall also be posted within
			 the Commonwealth's state-wide COMMBUYS procurement system, which is
			 administered by the Commonwealth's Operational Services Division. The public
			 notice may also be posted on the Awarding Authority's web-site. A copy of such
			 public notice shall also be sent via first class mail, postage prepaid, to all
			 prequalified General Contractors along with the invitation to bid required in
			 810
			 CMR 9.10.
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 9.10 - Invitation to Bid to Prequalified General Contractors

Current through Register 1525, July 5, 2024
All prequalified General Contractors as determined by the
				Prequalification Committee shall be invited in writing by the Awarding
				Authority to submit a general bid in accordance with the bidding procedures set
				forth in M.G.L. c. 149, § 44E. The invitation to bid shall be sent to all
				prequalified General Contractors via first class mail, postage prepaid, and
				shall specify therein the deadline for the submission of general bids from
				prequalified General Contractors and indicate where prequalified General
				Contractors may obtain copies of the plans and specifications for the Building
				Project. In no event shall the deadline for submission of general bids from
				prequalified General Contractors be less than 14 days from the date of the
				issuance of the invitation to bid. Any other parties interested in obtaining
				plans and specifications for the Building Project may do so by providing a
				deposit as designated by the Awarding Authority. The Awarding Authority shall
				only accept general bids from prequalified General
				Contractors.
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 9.11 - Entitlement to Evaluation Score/Right of Appeal

Current through Register 1525, July 5, 2024
(1) Upon
			 written request to the Awarding Authority, any interested General Contractors,
			 that submitted a SOQ for the purpose of being prequalified to submit a general
			 bid on a Building Project shall be entitled to obtain its prequalification
			 evaluation score, whether prequalified or not.
(2) The decision of the Prequalification
			 Committee shall be final and shall not be subject to appeal except on grounds
			 of arbitrariness, capriciousness, fraud or collusion. The burden shall be on
			 the appealing party to prove by a preponderance of evidence that such
			 arbitrariness, capriciousness, fraud or collusion existed.
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 10.02 - Mandatory Prequalification of Subcontractors

Current through Register 1525, July 5, 2024
For all contracts subject to M.G.L. c. 149, § 44A where
				the estimated construction cost for a Building Project is not less than
				$10,000,000, all Awarding Authorities, other than the Exempt Agencies, shall
				prequalify all Subcontractors for all filed sub-bid classes of work identified
				in M.G.L. c. 149, § 44F(1), including any other class of work selected by
				the Awarding Authority as filed sub-bid work pursuant to M.G.L. c. 149, §
				44F(1)(r), where the estimated cost of the Subcontractor trade work meets or
				exceeds the threshold value for filed sub-bid work of M.G.L. c. 149, §
				44F(1). The provisions of
				810 CMR
				10.00 do not apply to prequalification of
				Subcontractors in the context of a Building Project being undertaken using a
				Construction Manager at Risk delivery method under M.G.L. c.
				149A.
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 10.03 - Discretionary Prequalification of Subcontractors

Current through Register 1525, July 5, 2024
(1) Where a Building
			 Project is estimated to cost more than $100,000 but less than $10,000,000, an
			 Awarding Authority may elect, in its own discretion, to prequalify
			 Subcontractors to submit filed sub-bids, provided that the Awarding Authority
			 conducts the prequalification process in accordance with M.G.L. c. 149, §
			 44D¾, and in accordance with
			 810 CMR
			 10.00.
(2)
			 An Exempt Agency may, in its own discretion, elect to prequalify Subcontractors
			 to submit filed sub-bids for a particular Building Project, provided that upon
			 such election the Awarding Authority conducts the prequalification process in
			 accordance with M.G.L. c. 149, § 44D¾, and
			 810 CMR
			 10.00.
(3)
			 Where prequalification is discretionary and an Awarding Authority, including
			 any Exempt Agency, elects to prequalify Subcontractors; the Awarding Authority
			 may also elect to prequalify General Contractors for the same Building Project
			 in accordance with
			 810 CMR
			 9.00, but is not mandated to do so.
(4) Where prequalification is discretionary,
			 an Awarding Authority, including any Exempt Agency, electing to prequalify
			 Subcontractors may elect to prequalify all or only certain categories of
			 Subcontractors; provided, however that where prequalification is elected for a
			 particular filed sub-bid trade, then all Subcontractors for that filed sub-bid
			 trade must be prequalified in order to be invited to submit a filed
			 sub-bid.
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 10.06 - Statement of Qualifications

Current through Register 1525, July 5, 2024
(1)
Standardized Statement of Qualifications
. In order to
			 facilitate a uniform prequalification process and expedite the response and
			 evaluation time required, an Awarding Authority utilizing prequalification,
			 whether by mandate or by election, shall include as part of the RFQ a
			 standardized SOQ, in a form consistent with the form prescribed by DCAMM:
Guidelines for Prequalification
. The SOQ may be customized by
			 the Awarding Authority to include project specific information to seek
			 information relative to the evaluation criteria set forth in
			 810
			 CMR 10.05(4), but shall not
			 be otherwise modified or changed. The Awarding Authority shall make the SOQ
			 available to interested Subcontractors both electronically and in paper
			 form.
(2)
Form of
			 Response to RFQ
. Interested Subcontractors shall respond to an RFQ
			 issued by an Awarding Authority for the purpose of prequalification by
			 completing the SOQ provided by the Awarding Authority in the RFQ, including the
			 required schedules and attachments thereto. The SOQ must be submitted in
			 accordance with the instructions provided in the RFQ. Responses submitted in
			 any form other than the form specified by the Awarding Authority in the RFQ
			 shall be deemed disqualified from the prequalification process.
(3)
Financial Information
			 Submitted with Statement of Qualifications
. In order to preserve
			 the confidentiality of financial information submitted by a Subcontractor in
			 response to the information requested for the Capacity to Complete evaluation
			 category, interested Subcontractors may submit the annual revenue and revenue
			 under contract information in accordance with the procedures set forth in
			 810
			 CMR
			 10.05(4)(b)3.c.
(4)
Authorization to Submit
			 Statement of Qualifications
. The SOQ shall be signed under pains
			 and penalties of perjury. The signatory of the SOQ shall be an officer of the
			 Subcontractor firm authorized to sign on behalf of the Subcontractor firm who
			 has full knowledge of the information being provided.
(5)
Disqualification
. Any Subcontractor who fails to
			 respond to the RFQ in accordance with the instructions provided in the RFQ in
			 any material way shall be deemed to be disqualified from consideration for
			 prequalification. This includes, but is not limited to, failure to submit the
			 SOQ by the deadline set forth in the RFQ, failure to submit the SOQ to the
			 address set forth in the RFQ, failure to submit the response to RFQ on the SOQ
			 form provided, failure to sign the SOQ under the pains and penalties of perjury
			 and failure to comply with the mandatory requirements set forth in M.G.L. c.
			 149, § 44D¾(e)(4).
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 10.09 - Required Notices upon Completion of Prequalification Evaluation

Current through Register 1525, July 5, 2024
(1)
Notice to Interested
			 Subcontractors Failing to Prequalify
. Within 14 days of the
			 completion of the evaluation process by the Prequalification Committee, the
			 Awarding Authority shall send via first class mail, postage prepaid, written
			 notices to all interested Subcontractors advising that they did not achieve a
			 sufficient score from the Prequalification Committee to be
			 prequalified.
(2)
Notice to Prequalified Subcontractors
. Within 14 days
			 of the completion of the evaluation process by the Prequalification Committee,
			 the Awarding Authority shall send via first class mail, postage prepaid,
			 written notice to each Subcontractor advising that it has been prequalified by
			 the Prequalification Committee and will be invited to submit a sub-bid on the
			 Building Project.
(3)
Public Notice of Prequalification
. Within 14 days of
			 the completion of the evaluation process by the Prequalification Committee, the
			 Awarding Authority shall provide public notice of all of the Subcontractors who
			 have been prequalified to submit a sub-bid on the Building Project. The
			 Awarding Authority shall publish such public notice stating that only
			 Subcontractors prequalified to bid on the Building Project will be invited to
			 submit sub-bids and shall post the list of prequalified Subcontractors in its
			 bid room or place of business where sub-bids are customarily received for the
			 Awarding Authority's Building Projects. Such public notice of prequalified
			 Subcontractors shall also be posted within the Commonwealth's state-wide
			 COMMBUYS procurement system, which is administered by the Commonwealth's
			 Operational Services Division. The public notice may also be posted on the
			 Awarding Authority's web-site. A copy of such public notice shall also be sent
			 via first class mail, postage prepaid, to all prequalified Subcontractors along
			 with the invitation to bid required in
			 810
			 CMR 10.10.
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 10.10 - Invitation to Bid to Prequalified Subcontractors

Current through Register 1525, July 5, 2024
All prequalified Subcontractors as determined by the
				Prequalification Committee shall be invited in writing by the Awarding
				Authority to submit a sub-bid in accordance with the bidding procedures set
				forth in M.G.L. c. 149, § 44F. The invitation to bid shall be sent to all
				prequalified Subcontractors via first class mail, postage prepaid, and shall
				specify therein the deadline for the submission of filed sub-bids from
				prequalified Subcontractors and indicate where prequalified Subcontractors may
				obtain copies of the plans and specifications for the particular Building
				Project. In no event shall the deadline for submission of sub-bids from
				prequalified Subcontractors be less than 14 days from the issuance of the
				invitation to bid. Any other parties interested in obtaining plans and
				specifications for the Building Project may do so by providing a deposit as
				designated by the Awarding Authority. The Awarding Authority shall only accept
				sub-bids from prequalified Subcontractors.
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 10.11 - Entitlement to Evaluation Score/Right of Appeal

Current through Register 1525, July 5, 2024
(1) Upon
			 written request to the Awarding Authority, any interested Subcontractors, that
			 submitted a SOQ for the purpose of being prequalified to submit a sub-bid on a
			 Building Project shall be entitled to obtain its prequalification evaluation
			 score, whether prequalified or not.
(2) The decision of the Prequalification
			 Committee shall be final and shall not be subject to appeal except on grounds
			 of arbitrariness, capriciousness, fraud or collusion. The burden shall be on
			 the appealing party to prove by a preponderance of evidence that such
			 arbitrariness, capriciousness, fraud or collusion existed.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.01 - Authority, Purpose, and Application

Current through Register 1525, July 5, 2024
801 CMR 51.00 is promulgated,
				pursuant to St. 2006, c. 293, §§ 5 through 12, as amended by St.
				2008, c. 129, §§ 2 through 17, and St. 2012, c. 238, §§ 60
				through 63, for the purpose of setting the process and requirements for
				approval of an Economic Development Proposal, as described in St. 2006, c. 293,
				§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17. The purpose of St. 2006, c. 293, §§ 5 through 12 , as
				amended by St. 2008, c. 129, §§ 2 through 17, is to stimulate
				sustainable, economic development through Public Infrastructure Improvements
				and to generate new state tax revenues and local tax revenues as a result. St.
				2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
				§§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63,
				creates a program under which the Massachusetts Development Finance Agency may
				issue Bonds to finance Public Infrastructure Improvements associated with a
				certified Economic Development Project. A project must be approved by the
				Municipality in which it is to be located, by the Secretary of Administration
				and Finance and by the Massachusetts Development Finance Agency.
The Commissioner of Revenue has also issued guidance under St.
				2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,
				§§ 2 through 17, and St. 2012, c. 238, §§ 60 through 63,
				set forth in
Technical Information Release 08-18
, which
				revoked and replaced
Technical Information Release 06-26
.
				Further guidance will be issued to address subsequent changes in St. 2006, c.
				293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2
				through 17 and St. 2012, c. 238, §§ 60 through 63.
801 CMR 51.00 applies to all
				Developers and Municipalities seeking approval of an Economic Development
				Proposal to be funded under St. 2006, c. 293, §§ 5 through 12, as
				amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.04 - Priority of Projects

Current through Register 1525, July 5, 2024
(1) Among
			 Economic Development Proposals that satisfy the criteria set forth in
			 801
			 CMR 51.03, the Secretary shall give highest
			 priority to projects in Economically Distressed Municipalities in which both
			 the unemployment rate and median income criteria of St. 2006, c. 293, § 7,
			 as amended by St. 2008, c. 129, § 7(e) and St. 2012, c. 238, § 62,
			 are met. The unemployment rates used for this purpose shall be the average
			 rates for the 12 months prior to the Secretary's issuance of the Preliminary
			 Approval Letter, as calculated by the Executive Office of Labor and Workforce
			 Development. The median income levels used for this purpose shall be the median
			 family income levels published by the U.S. Census Bureau in its most recent
			 publication of these rates prior to the Secretary's issuance of the Preliminary
			 Approval Letter.
(2) The Secretary
			 shall give second highest priority to Economic Development Proposals in
			 Economically Distressed Municipalities in which either the unemployment rate or
			 the median income criteria of St. 2006, c. 293, § 7, as amended by St.
			 2008, § 7(e) and St. 2012, c. 128, § 62, is met.
(3) The Secretary shall otherwise give
			 preference to Economic Development Proposals that:
(a) are located in Growth
			 Districts;
(b) commit to becoming
			 at least LEED Silver certifiable for each Project Component from the U.S. Green
			 Building Council under the Leadership in Energy and Environmental Design Green
			 Building Rating System;
(c) include
			 Public Infrastructure Improvements that have been previously contemplated and
			 desired by the Commonwealth or its agencies; or
(d) that include Public Infrastructure
			 Improvements that are reasonably likely to make other sites available for
			 future economic development projects. These criteria will be weighed equally,
			 and proposals satisfying more than one criterion will receive additional
			 preferential consideration, but none of these criteria are required to be
			 satisfied in order to be eligible for project approval.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.05 - Secretary's Discretion

Current through Register 1525, July 5, 2024
Notwithstanding
				801
				CMR 51.03 and
				51.04, the
				Secretary, in his or her sole discretion, reserves the right to waive or
				conditionally waive any of the criteria identified in
				801 CMR 51.00 that are not
				statutorily required by St. 2006, c. 293, §§ 5 through 12, as amended
				by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,
				§§ 60 through 63, if the Secretary determines that there are
				compelling reasons to do so, and the Secretary reserves the right to reject any
				Economic Development Proposal.
Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 51.00 - Generating new state tax revenues and local tax revenues by stimulating sustainable economic development through infrastructure improvements › Section 51.07 - Process for Preliminary Approval

Current through Register 1525, July 5, 2024
(1) Within 30 days after receipt of the
			 Preliminary Economic Development Proposal, the Secretary or his or her designee
			 shall host a meeting with the Developer, Municipal Officers, the Commissioner
			 and the Agency to review the proposal and identify any information required to
			 be submitted by the Developer that was not previously submitted. At the
			 meeting, the Developer will be informed whether, based on a preliminary review
			 of the proposal and the criteria for approval of projects set forth in
			 801 CMR 51.00, the Secretary
			 rejects the proposal and the reasons therefor, or whether the Secretary agrees
			 to proceed with an evaluation of the Preliminary Economic Development Proposal
			 before making a determination as to whether to grant a Preliminary Approval
			 Letter. If the proposal is rejected at that time, the Application Fee will be
			 returned to the Developer. If the Secretary agrees to proceed, the parties will
			 agree at the meeting to a preliminary schedule for:
(a) meetings;
(b) submission of additional information or
			 documentation by the Developer;
(c)
			 Independent Consultant Analysis;
(d) issuance of the Preliminary Certificate
			 of the Commissioner;
(e) issuance
			 of the Preliminary Certificate of the Agency; and
(f) decision by the Secretary as to whether
			 she will grant a Preliminary Approval Letter.