810 CMR, § 9.01

Current through Register 1533, October 25, 2024
Section 9.01 - Definitions

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, § 44A1/2.

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, § 44D1/2 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, § 44D1/2 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.

810 CMR, § 9.01

Amended by Mass Register Issue 1428, eff. 10/16/2020.