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 9.01 - Definitions

Current through Register 1525, July 5, 2024
The following definitions are for the purpose of
				810 CMR
				9.00 pertaining to the prequalification of General
				Contractors 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 9.01, regarding a particular General
				Contractor, as defined in
				810
				CMR 9.01, 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 a
				particular Building Project, as defined in
				810
				CMR 9.01, on behalf of that General
				Contractor, if the General Contractor is prequalified by the Awarding Authority
				and ultimately awarded the general contract for 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 4.02(1). All General
				Contractors desiring to perform work on public Building Projects must obtain
				such Certificate of Eligibility from DCAMM.
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 General Contractor as part
				of its Statement of Qualifications, as defined in
				810
				CMR 9.01, for a particular Building Project
				that states that the Surety Company has determined the General Contractor to be
				Bondable, if the General Contractor is prequalified and ultimately awarded the
				general contract 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 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 9.04, after it has completed its
				deliberations which indicates a General Contractor's prequalification score in
				each of the evaluation categories and subcategories set forth in a Request for
				Qualifications, as defined in
				810
				CMR 9.01.
Prequalification of General
				Contractors,
a process in accordance with M.G.L. c. 149, §
				44D½ whereby all General Contractors 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, §
				44D½ soliciting information regarding the qualifications and competency
				of General Contractors.
Statement of Qualifications (SOQ)
, an
				application form, prescribed by an Awarding Authority and required to be
				completed by General Contractors responding to an RFQ. The SOQ shall include
				any schedules and supporting documents, which are required to be completed and
				submitted by the General Contractor 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), 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.G.L. 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 4.10, to be completed by a General
				Contractor and submitted with all 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 General Contractor's
				Building Projects in progress and Building Projects completed by the General
				Contractor since the issuance date of the General Contractor's current
				Certificate of Eligibility.