810 CMR, § 9.05

Current through Register 1536, December 6, 2024
Section 9.05 - Contents of the Request for Qualifications
(1)General Information and Instructions. The RFQ shall repeat and contain all of the information required in the public advertisement as set forth in 810 CMR 9.07(4)(a). The RFQ shall contain instructions regarding the RFQ and prequalification process and how interested General Contractors shall respond to the RFQ in order to be considered for prequalification.
(2)RFQ Interest Form. The RFQ shall include an RFQ Interest Form, in a form consistent with the RFQ Interest Form prescribed by DCAMM in the DCAMM Guidelines for Prequalification, to be completed and returned by interested General Contractors upon receipt of the RFQ to alert the Awarding Authority of their potential interest in the Building Project and provide contact information in the event that any addenda to the RFQ are issued. By submitting the RFQ Interest Form the interested General Contractor is only expressing its interest in the Building Project and is requesting that it be added to the list of firms that will receive any addenda to the RFQ on the Building Project. The Awarding Authority assumes no responsibility for a General Contractor's failure to receive any addenda or other correspondence related to this RFQ if the General Contractor fails to submit an RFQ Interest Form to the Awarding Authority as directed in the RFQ. The Awarding Authority shall maintain a list of all firms that have submitted an RFQ Interest Form and shall provide notice of any addenda or other communications regarding the prequalification process to all firms that have submitted the RFQ Interest Form.
(3)Overview of Selection Process. The RFQ shall include an overview of the selection process stating that the RFQ is being issued for a Building Project pursuant to M.G.L. c. 149, § 44D1/2 to solicit firms interested in providing General Contractor services for said Building Project. The RFQ shall also include a statement that the General Contractor selection process for the Building Project is a two-phase process as set forth in M.G.L. c. 149, § 44D1/2 and that the Awarding Authority is prequalifying firms interested in providing General Contractor services for said Building Project through this RFQ prequalification process.
(4)Evaluation Criteria. The RFQ shall include a detailed description of the evaluation categories and subcategories on which the Prequalification Committee will evaluate interested General Contractors for prequalification.
(a)General Evaluation Categories. The RFQ shall advise interested General Contractors that they will be evaluated for prequalification by the Prequalification Committee on the basis of the four general evaluation categories mandated in M.G.L. c. 149, § 44D1/2 and shall set forth the evaluation points allocated to each of the categories. The Awarding Authority shall not modify, add or delete from these prescribed four general categories in the RFQ or any addenda thereto. The mandated general evaluation categories and their respective point allocations are as follows:
1.Management Experience. The RFQ shall expressly state that there are a maximum of 50 points available in this evaluation category, but even if all other requirements for prequalification are met by an interested General Contractor, a minimum of 25 points are required in this evaluation category in order for an interested General Contractor to be deemed prequalified by the Prequalification Committee to submit a general bid for the Building Project.
2.References. The RFQ shall expressly state that there are a maximum of 30 points available in this evaluation category, but even if all other requirements for prequalification are met by an interested General Contractor, a minimum of 15 points are required in this evaluation category in order for an interested General Contractor to be deemed prequalified by the Prequalification Committee to submit a general bid for the Building Project.
3.Capacity to Complete. The RFQ shall expressly state that there are a maximum of 20 points available in this evaluation category, but even if all other requirements for prequalification are met by an interested General Contractor, a minimum of ten points are required in this evaluation category in order for an interested General Contractor to be deemed prequalified by the Prequalification Committee to submit a general bid for the Building Project.
4.Mandatory Requirements. The RFQ shall expressly state that there are no points available in this evaluation category, but even if all other requirements for prequalification are met by an interested General Contractor, an interested General Contractor must satisfy all of the Mandatory Requirements in order for an interested General Contractor to be deemed prequalified by the Prequalification Committee to submit a general bid for the Building Project.
(b)Evaluation Subcategories. The RFQ shall specifically state that interested General Contractors will be further evaluated for prequalification by the Prequalification Committee in accordance with certain mandated sub-categories within each of the four evaluation categories set forth in 810 CMR 9.05(4)(a)1. through 4. The evaluation sub-categories mandated by M.G.L. c. 149, § 44D1/2 are as follows:
1. Sub-Categories for Management Experience.
a.Business Owners. The name, title, years with firm of the owner(s) of the business.
b.Management Personnel. The names, title, education and construction experience, years with firm, and list of projects completed by all management personnel, including, but not limited to, all management personnel who will have any direct or indirect responsibility for the Building Project for which the RFQ is issued.
c.Similar Project Experience. The project name(s), description, original contract sum, final contract sum with explanation, and date completed of similar projects. The Awarding Authority shall have the discretion to include in the RFQ a description of what it considers a "similar project".
d.Terminations. A list of any projects on which the firm was terminated or failed to complete the work, including an explanation for each instance listed.
e.Legal Proceedings. A list of all legal or administrative proceedings currently pending against the General Contractor or concluded adversely to the General Contractor within the past five years which relate to the procurement or performance of any public or private construction contract.
f.Safety Record. The three-year history of the firm's workers' compensation experience modifier.
g.Compliance Record. Information on and evidence of the firm's compliance record with respect to minority business enterprise and women business enterprise inclusion goals and workforce inclusion goals, if applicable, on Building Projects within the past five years.
2.Sub-categories for References.
a.Project References. A list of references from owners and architects for all "similar projects" listed by the General Contractor provided in response to the information sought in 910 CMR 9.05(4)(b)1.c. The list of references must include, at a minimum, project names and the names of the owners and architects, with current address, telephone and fax number, and a contact person for each.
b.Credit References. A list of a minimum of five credit references, including the current telephone and fax number of a contact person from key suppliers, vendors and banks.
c.Public Project Record. A list of all completed Building Projects during the past three years with owner's name, current address, telephone and fax number and a contact person for each.
3.Sub-categories for Capacity to Complete Projects.
a.Audited Financial Statement. An interested General Contractor shall provide an audited financial statement for the most recent fiscal year. Such financial information submitted shall remain confidential and shall not be a public record under M.G.L. c. 4, § 7.
b.Revenue. An interested General Contractor shall provide its revenue under contract for the next three fiscal years. Such financial information submitted shall remain confidential and shall not be a public record under M.G.L. c. 4, § 7.
c.Preservation of Confidentiality of Financial Information Submitted in Response to RFQ. In order to preserve the confidentiality of interested General Contractors providing this information in response to an RFQ, interested General Contractors may submit the required financial information in 810 CMR 9.05(4)(b)3.a. and b. in a sealed envelope, attached to its SOQ package by staple, providing that the General Contractor clearly labels the outside of the envelope with its name, the project name, the project number and a notation that the envelope contains confidential financial information.
4.Sub-categories for Mandatory Requirements.
a.Bonding Capacity. A Commitment Letter from a Surety Company indicating that an interested General Contractor is Bondable. If the Commitment Letter provided is written on behalf of a Surety Company, but not actually from a Surety Company as defined in 810 CMR 9.01, then the Commitment Letter must be accompanied by an authorized power of attorney from a Surety Company or it will be deemed insufficient.
b.DCAMM Certification. An interested General Contractor must provide a Certificate of Eligibility issued by DCAMM pursuant to M.G.L. c. 149, § 44D, showing a single and aggregate capacity rating sufficient for the Building Project.
c.Update Statement. An interested General Contractor must provide a completed and currently valid Update Statement.
(5)Allocation of Points for Evaluation General Categories and Sub-categories. The RFQ shall specify the point allocation of each evaluation category and subcategory.
(a)Mandatory Point Allocation of Categories. The point allocation required in M.G.L. c 149, § 44D1/2 for the four general evaluation categories set forth in 810 CMR 9.05(4)(a)1. through 4. shall be expressly stated in the RFQ and may not be varied by the Awarding Authority under any circumstances.
(b)Discretionary Point Allocation of Sub-categories. The Awarding Authority shall have the discretion to determine the point allocation for each of the sub-categories set forth in 810 CMR 9.05(4)(b) within each of the general categories set forth in 810 CMR 9.05(4)(a); provided however, that the total amount allocated among the sub-categories within each of the general categories does not exceed or fall short of the total points required in each general category.
(6)Contractors Required Response Format - Statement of Qualifications. The RFQ shall instruct interested General Contractors regarding the required submission procedures and shall include in the body of the RFQ a copy of the required SOQ form, including the required schedules, and a list of the required attachments thereto.

810 CMR, § 9.05

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