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 10.01 - Definitions

Current through Register 1525, July 5, 2024
The following definitions are for the purpose of
				810 CMR
				10.00 pertaining to the prequalification of
				Subcontractors to bid on public building contracts pursuant to M.G.L. c. 149,
				§§ 44A through 44J.
Awarding Authority
, a "public agency",
				as defined in M.G.L. c. 149, § 44A, undertaking a Building Project.
Bondable
, a written determination made
				by a Surety Company, as defined in
				810
				CMR 10.01, regarding a particular
				Subcontractor, as defined in
				810
				CMR 10.01, that based on the information
				known at the time issued by the Surety Company that it would approve the
				issuance of payment and performance bonds for 100% of the estimated contract
				value of the Subcontractor's class of work on a Building Project, as defined in
				810
				CMR 10.01, on behalf of that Subcontractor,
				if the Subcontractor is prequalified by the Awarding Authority and ultimately
				awarded a subcontract on said Building Project.
Building Project
, any project for the
				construction, reconstruction, installation, demolition, maintenance or repair,
				of a public building, as defined in M.G.L. c. 149, § 44A.
Certificate of Eligibility
, a
				certificate issued annually by DCAMM pursuant to M.G.L. c. 149, § 44D and
				in accordance with
				810
				CMR 4.09(1). All
				Subcontractors, as defined in
				810
				CMR 10.01, desiring to perform work on public
				Building Projects must obtain such Certificate of Eligibility from DCAMM, by no
				later than January 1, 2006.
Commissioner
, the Commissioner of the
				Division of Capital Asset Management and Maintenance (DCAMM).
Commitment Letter
, a written
				communication from a Surety Company submitted by the Subcontractor as part of
				its Statement of Qualifications, as defined in
				810
				CMR 10.01, for a particular Building Project
				that states that the Surety Company has determined the Subcontractor to be
				Bondable, if the Subcontractor is prequalified and ultimately awarded a
				subcontract for said Building Project.
Designer
, the design firm for a
				Building Project.
Exempt Agencies
, DCAMM, the
				Massachusetts Port Authority, the Massachusetts Water Resources Authority, the
				Massachusetts State College Building Authority, and the University of
				Massachusetts Building Authority.
General Contractor
, a general bidder
				or prime bidder, engaged in the business of construction, reconstruction,
				demolition, installation, maintenance, or repair of buildings, seeking
				prequalification from an Awarding Authority to submit a general bid for a
				designated public Building Project in accordance with M.G.L. c. 149, §
				44E.
Guidelines
, written standards,
				policies, and procedures for the prequalification of contractors by an Awarding
				Authority issued by the Commissioner.
Owner's Project Manager (OPM)
, an
				individual or firm contracted, retained or designated by the Awarding Authority
				who will act as the Awarding Authority's agent in managing a particular
				Building Project on behalf of the Awarding Authority in accordance with the
				requirements set forth in M.G.L. c. 149, § 44A½.
Prequalification Evaluation Report
, a
				report prepared by the Prequalification Committee, established pursuant to
				810
				CMR 10.04, after it has completed its
				deliberations which indicates a Subcontractor's prequalification score in each
				of the evaluation categories and subcategories set forth in a Request for
				Qualifications, as defined in
				810
				CMR 10.01.
Prequalification of Subcontractors
, a
				process in accordance with M.G.L. c. 149, § 44D¾ whereby all
				Subcontractors seeking to bid on a particular Building Project are prequalified
				by the Awarding Authority undertaking said Building Project.
Request for Qualifications (RFQ)
, a
				request published by an Awarding Authority as required by M.G.L. c. 149, §
				44D¾ soliciting information regarding the qualifications and competency
				of Subcontractors.
Statement of Qualifications (SOQ)
, an
				application form, prescribed by an Awarding Authority and required to be
				completed by Subcontractors responding to an RFQ. The Statement of
				Qualifications shall include any schedules and supporting documents, which are
				required to be completed and submitted by the Subcontractor in response to an
				RFQ.
Subcontractor,
a filed sub-bidder,
				engaged in the business of one or more of the sub-trades 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), seeking prequalification in a particular trade or trades from an
				Awarding Authority to submit a filed sub-bid for such trade or trades, on a
				designated Building Project in accordance with M.GL. c. 149, § 44F.
Surety Company
, a surety company which
				is licensed to do business in the Commonwealth and whose name appears on the
				United States Treasury Department Circular 570.
Update Statement
, a form developed by
				DCAMM, as defined in
				810
				CMR 4.01, to be completed by a Subcontractor
				and submitted with all filed sub-bids pursuant to M.G.L. c. 149, §§
				44A through 44J, and M.G.L. c. 149A. The Update Statement requires information
				including, but not limited to, information on all of the Subcontractor's
				Building Projects in progress and Building Projects completed by the
				Subcontractor since the issuance date of the Subcontractor's current
				Certificate of Eligibility.