Current through Register 1536, December 6, 2024
Section 9.08 - Evaluation Process(1)Register of Responders. The Prequalification Committee shall prepare a "Register of Responders" at the opening of the SOQs. The "Register of Responders" shall include the name of each responder who submitted a SOQ in response to the RFQ and the date and time of receipt thereof.(2)Opening of Responses. The Awarding Authority shall not open the SOQs publicly, but shall open them in the presence of one or more witnesses at the time specified in the RFQ. The opening of the SOQs by the Prequalification Committee shall be deemed to satisfy this requirement.(3)Initial Evaluation Meeting of the Prequalification Committee. Immediately following the opening of the responses to the RFQ, the Prequalification Committee shall review the Register of Responders and obtain copies of each SOQ (and required supporting documentation) submitted by interested General Contractors in response to the RFQ and make arrangements for the checking of references.(4)Delegation of Work. The Prequalification Committee may delegate the checking of references to individuals outside of the Prequalification Committee, provided however, that the Prequalification Committee develop a written reference check form with uniform questions to be asked of references by those checking references on its behalf. The chairperson of the Prequalification Committee may delegate additional administrative tasks necessary to facilitate the prequalification process.(5)Review of Statements of Qualifications. The members of the Prequalification Committee shall review each of the SOQs submitted by interested General Contractors.(6)Meetings of the Prequalification Committee. Upon completion of their individual review of the SOQs submitted by interested General Contractors and the completion of the reference checking, the Prequalification Committee shall collectively evaluate the responses to the RFQ. The Prequalification Committee must evaluate each application for prequalification using solely the criteria specified in M.G.L. c. 149, § 44D1/2 and set forth in the RFQ.(7)Deliberations of the Prequalification Committee. The Prequalification Committee may consult with other representatives from the Awarding Authority, Designer, client or user agency (if applicable) or legal counsel, as necessary to expedite the evaluation process. In addition, members of the Prequalification Committee may contact interested General Contractors to clarify or verify timely information submitted by an interested General Contractor in its SOQ.(8)Standard Prequalification Evaluation Report. Following the deliberations of the Prequalification Committee, the chairperson shall complete a Prequalification Evaluation Report, in a form consistent with the standard Prequalification Evaluation Report prescribed by DCAMM in the DCAMM Guidelines for Prequalification, which shall reflect the score achieved by an interested General Contractor in each evaluation category and subcategory. The Prequalification Evaluation Report completed by the chairperson shall reflect the consensus of the Prequalification Committee regarding the score received for each category and subcategory and shall indicate the total points awarded to the interested General Contractor. The Prequalification Evaluation Report may be customized by the Prequalification Committee to reflect project specific information only.(9)Minimum Score Required. In order to be prequalified by the Prequalification Committee, interested General Contractors must achieve the minimum number of points in each of the four general evaluation categories as well as a total minimum score overall of 70 points. All General Contractors obtaining the minimum required score in each category and a total of 70 points overall shall be prequalified by the Prequalification Committee and invited to submit bids consistent with M.G.L. c. 149, § 44E. The Awarding Authority shall invite all achieving a score of 70 or above to submit a general bid on the Building Project.(10)Time for Review. The Prequalification Committee shall endeavor to complete the evaluation process in accordance with the schedule set forth in the RFQ. If, however, the Prequalification Committee is unable to complete the evaluation process within the time set forth in the RFQ and there are circumstances related to the Building Project that require additional time, the Prequalification Committee shall provide written notice of the change in schedule and expected completion date to all interested General Contractors who have submitted a SOQ.(11)Insufficient Number of Prequalified General Contractors.(a)Where Prequalification Is Mandatory. If the Awarding Authority qualifies fewer than three General Contractors to submit bids and the prequalification process was required, then the Awarding Authority shall reject all responses and shall issue a new RFQ, at least one additional time. If, however, the Awarding Authority issues at least one subsequent RFQ and is still unable to prequalify at least three General Contractors, then the Awarding Authority may do one of the following:1. reject all responses and issue a new RFQ and attempt to prequalify at least three General Contractors;2. abandon the prequalification process and invite general bids, without further prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for M.G.L. c. 149, § 44D1/2 or § 44D3/4; or3. if at least two General Contractors were deemed prequalified by the Prequalification Committee, then the Awarding Authority may elect, in its sole discretion, to invite general bids from the two General Contractors that were prequalified.(b)Where Prequalification is Discretionary. If the Awarding Authority qualifies fewer than three General Contractors to submit bids and the prequalification process was initiated at the option of the Awarding Authority, then Awarding Authority may do one of the following, without any further requirement to utilize the prequalification process: 1. reject all responses and issue a new RFQ and attempt again to prequalify at least three General Contractors;2. abandon the prequalification process and invite general bids, without further prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for M.G.L. c. 149, § 44D1/2 or § 44D3/4; or3. if at least two General Contractors were deemed prequalified by the Prequalification Committee, then the Awarding Authority may elect, in its sole discretion, to invite general bids from the two General Contractors that were prequalified.(12)Re-issuance of RFQ. Where an RFQ is reissued because there were fewer than three General Contractors prequalified, any and all subsequent RFQs issued by the Awarding Authority for a particular Building Project shall comply with the requirements of M.G.L. c. 149, § 44D1/2, and 810 CMR 9.00. Where an Awarding Authority reissues an RFQ pursuant to either 810 CMR 9.08(11)(a) or (b) it may stipulate that all General Contractors prequalified to submit general bids for the Building Project by the Prequalification Committee during the initial or prior prequalification review shall remain prequalified for that particular Building Project without further submission by the General Contractor or review by the Awarding Authority, for a maximum of 120 days from the due date of the responses of the initial RFQ.Amended by Mass Register Issue 1428, eff. 10/16/2020.