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 9.08 - 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 General Contractors 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 General Contractors.
(6)
Meetings of the Prequalification Committee
. Upon
			 completion of their individual review of the SOQs submitted by interested
			 General Contractors 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, §
			 44D½ 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 General Contractors to clarify or verify
			 timely information submitted by an interested General Contractor 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 in the
DCAMM
			 Guidelines for Prequalification
, which shall reflect the score
			 achieved by an interested General Contractor 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 General Contractor. 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 General Contractors 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 General Contractors 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, § 44E. The Awarding Authority shall invite
			 all achieving a score of 70 or above to submit a general 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 General Contractors who
			 have submitted a SOQ.
(11)
Insufficient Number of Prequalified General
			 Contractors
.
(a)
Where Prequalification Is Mandatory
. If the Awarding
			 Authority qualifies fewer than three General Contractors to submit bids 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 General Contractors, 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 General Contractors;
2.
			 abandon the prequalification process and invite general bids, without further
			 prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J,
			 except for M.G.L. c. 149, § 44D½ or § 44D¾;
			 or
3. if at least two General
			 Contractors were deemed prequalified by the Prequalification Committee, then
			 the Awarding Authority may elect, in its sole discretion, to invite general
			 bids from the two General Contractors that were prequalified.