Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.03 - Aggregate Bonding Capacity and Single Contract Limits for Contractors

Current through Register 1525, July 5, 2024
(1)
Aggregate and Single Bonding Capacity
. The
			 Prequalification Committee shall verify the Contractor's Aggregate Bonding
			 Capacity and Single Bonding Capacity, as is evidenced by a letter from the
			 Surety's authorized representative in accordance with 700 CMR 14.02(8).
			 Unlimited Aggregate Bonding Capacities shall not be allowed.
(2)
Classes of Work
.
			 The Prequalification Committee may prequalify Contractors in one or more of the
			 classes of work. The Classes of Work established by the Prequalification
			 Committee, and the definitions of and/or the prequalification requirements of
			 such Classes of Work, may be amended by the Prequalification Committee from
			 time to time. The Prequalification Committee may also establish additional
			 Classes of Work for specialized contracts. Contractors will be notified of such
			 special Classes of Work in the Notice to Contractors, Advertisement for Bids,
			 or Instructions to Proposers for the particular project, and may apply for
			 Prequalification in such special Classes of Work in accordance with 700 CMR
			 14.02(9)
(3)
Single
			 Contract Limit
. The Prequalification Committee may establish a
			 Single Contract Limit for the Contractor in any Classes of Work for which the
			 Contractor has been Prequalified. A Single Contract Limit may be established,
			 if, in the opinion of the Prequalification Committee, the Contractor does not
			 have adequate experience, responsibility, competency, or equipment necessary to
			 undertake an individual contract valued at the Contractor's Single Bonding
			 Capacity within that Class of Work. In establishing Single Contract Limits, the
			 Prequalification Committee shall consider, but shall not be limited to
			 considering, the Contractor's competency and responsibility, the amount and
			 condition of its equipment, the experience of its principal or key personnel,
			 its history of payment to subcontractors and material suppliers, and previous
			 work experience.
(4)
Duration of Prequalification Status
. Prequalification
			 certification shall remain in effect for a duration of time stipulated in the
			 Prequalification Certificate with a maximum of 12 months as indicated in the
			 Prequalification Certificate.
(a) The
			 Prequalification Committee may revise the duration of a Contactor's
			 Prequalification Status at any time.
(b) If a material change has occurred in the
			 Contractor's bonding capacity surety, or financial condition, or if the
			 Contractor has undergone any change in the name or structure of the firm, its
			 officers, or ownership, written notice shall be given to the Prequalification
			 Committee by the Contractor, whereupon a new Application for Prequalification
			 or a letter verifying Contractor's Aggregate and Single Bonding Capacity shall
			 be required and the Contractor's Prequalification status and Single Contract
			 Limit(s) may be revised. Should the Aggregate or Single Bonding capacity of a
			 Contractor change, a letter from the surety stating this fact must be submitted
			 to the Prequalification Committee.
(c) The Prequalification Committee may at any
			 time request, in writing, that the Contractor furnish additional information
			 relative to its Prequalification status and Single Contract Limit(s). Such
			 request shall set forth the reason such information is required. If the
			 requested information is not filed within 30 days from date of such request,
			 the Contractor's Prequalification Certificate may be revoked, and, if revoked,
			 bids from the Contractor shall not be accepted.
(d) Requests by Contractors for the revision
			 of Aggregate and Single Bonding Capacity, Single Contract Limits or for
			 additional classes of work may be considered by the Prequalification Committee
			 at any time. Unless otherwise approved by the Prequalification Committee, such
			 requests must be submitted at least 21 calendar days prior to a bid opening in
			 order to receive consideration for that bid opening.
(e) A Prequalification Certificate may be
			 modified based on one or more of the reasons set forth in 700 CMR 14.06(1) and
			 14.06(3), or based on evaluations of the quality of the Contractor's
			 performance by the Department or Other Awarding Authority, whether as a general
			 contractor or subcontractor. The Department may establish procedures and forms
			 to be used by the Department and Other Awarding Authorities to evaluate the
			 Contractor's performance.