Section 4.11 - Sub-bidder Requirements/Conditions for CertificationA Sub-bidder must establish to the satisfaction of DCAM that it is competent and responsible. DCAM shall not issue a Sub-bidder Certificate of Eligibility to a Sub-bidder if DCAM determines that the Sub-bidder lacks competence or responsibility.
(1) The Commissioner shall establish in the Sub-bidder Guidelines a minimum Overall Numerical Rating required for certification. DCAM shall not issue a Certificate of Eligibility to a Sub-bidder who fails to achieve an Overall Numerical Rating at least equal to the minimum Overall Numerical Rating required for certification. The Commissioner reserves the right not to certify a Sub-bidder and may decertify a Sub-bidder who fails to meet other requirements for certification even though the Sub-bidder otherwise meets the Overall Numerical Rating for certification.(2) An applicant for certification must be a Contractor and have all licenses as required by law in the Sub-bidder Categories of Work for which it seeks certification.(3) A Sub-bidder must establish to the satisfaction of DCAM that the Sub-bidder is financially responsible, based upon such criteria concerning the Sub-bidder's financial condition as the Commissioner may prescribe.(4) A Sub-bidder must have management or supervisory personnel who are experienced in the performance of the respective Sub-bidder Categories of Work being sought.(5) A Sub-bidder must provide complete and accurate answers to all questions in the application for certification and Sub-bidder Update Statement and all other information and documentation required by DCAM for certification. Providing false or misleading information or failure to provide all required information will be considered grounds for denial, decertification and/or debarment. The owner and/or the person representing the owner in submitting the application must verify the accuracy of all information submitted on the application and must verify that the information submitted is in fact accurate and true, under oath. Failure to provide accurate information to regulatory authorities, legal counsel, accountants or any other party with whom a Sub-bidder engages in legal contracts shall be grounds for denial and debarment.(6) A Sub-bidder must meet all other requirements for certification established by the Commissioner in the Sub-bidder Guidelines, which may include, but are not limited to: (a) a minimum length of time in business(b) completion of a minimum number of projects of a certain dollar value with satisfactory Project Ratings, as outlined in the Guidelines.(c) a demonstrated history of competence and responsibility.(7) Any of the following that occurred within the past three years shall constitute cause for decertification or denial of certification: (a) a record of three or more Project Ratings that fall below the passing score established in the Sub-bidder Guidelines on three or more separate Building Projects; or(b) a record of three or more contract terminations for cause and/or three or more invoked performance bonds, wherein the surety is required to honor the terms of the bond, of a Sub-bidder or its predecessors or its successors in interest; or(c) failure to obtain and/or maintain worker's compensation insurance for the proper classification(s) of work; or(d) any conviction of a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of labor laws, or any other offense indicating a lack of business integrity or business honesty.(e) willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract.(8) One or more of the following that occurred within the past three years may constitute cause for decertification or denial of certification:(a) legal or administrative proceedings brought against the Sub-bidder; or(b) termination for cause from one or more Building Projects; or(c) abandonment of one or more Building Projects; or(d) a record of excessive payment bond claims; or(e) a record of excessive safety violations; or(f) a record of excessive workers' compensation injuries; or(g) failure to comply with record-keeping and accounting requirements prescribed by law or regulation; or(h) failure to perform in accordance with the terms of one or more public contracts; or(i) a record of two Project Ratings that fall below the passing score established in the Sub-bidder Guidelines on more than one Building Project; or(j) failure to obtain and/or maintain any other mandatory insurance coverage; or(k) a record of invoked performance bond(s), wherein the surety is required to honor the terms of the bond, of a Sub-bidder or its predecessors or its successors; or(l) any other factor bearing on a Sub-bidder's competency or responsibility that, in the Commissioner's discretion, may warrant denial of certification or decertification.