700 CMR 14.03
Aggregate Bonding Capacity and Single Contract Limits for Contractors
(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.
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)
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.