Modification, Suspension, or Revocation of Prequalification Certification

Procedure. The Prequalification Committee may modify, suspend, or revoke the Contractor's Prequalification certification if it determines that the Contractor may be ineligible for reasons including, but not limited to, the following: (a) the Contractor is presently debarred from performing work of any kind under the provisions of M.G.L. c. 29, § 29F, or any other applicable debarment provisions of the Massachusetts General Laws or any rule or regulation promulgated thereunder; or (b) the Contractor is presently suspended or debarred from performing work of any kind under the laws of any state other than the Commonwealth of Massachusetts, or by any Federal agency or authority; or (c) there is reason to believe that the condition of the Contractor's firm is materially less favorable than at the time of its last Application for Prequalification; or (d) the Contractor does not have sufficient personnel, equipment, or sufficient assets to provide the necessary personnel, or to provide the necessary equipment either through purchase or lease agreements; or (e) the Contractor's performance on past or current work with the Department or Other Awarding Authorities is or has been deemed to be unsatisfactory including, but not limited to, the Department's evaluation of the quality of the Contractor's performance, whether as a general contractor or subcontractor, in accordance with the Record of Contractor's Performance (Form CSD-680); or (f) on current projects of the Department or Other Awarding Authorities, the Contractor frequently fails or has failed to pay its subcontractors or material suppliers in a timely manner; or (g) Multiple subcontractors of the Contractor for any projects currently under construction have, within any 12-month period, filed demands for direct payment with the Department in accordance with M.G.L. c. 30, § 39F and such demands have been determined by the Department to have merit; or (h) the Contractor has been convicted of a criminal offense involving embezzlement, theft, forgery, bribery, falsification of or destruction of records, receiving stolen property, violation of labor laws, or any other offense indicating a lack of business integrity or business honesty; or (i) the Contractor has willfully supplied materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract; or (j) the Contractor has a record of contract terminations for cause and/or invoked performance bonds, requiring the surety to honor the terms of the Contractor or its predecessors or its successors in interest; or (k) the Contractor has a record of excessive payment bond claims or direct payment claims; or (l) the Contractor has failed to obtain and/or maintain worker's compensation insurance for the proper classification(s) of work; or has a record of excessive workers' compensation injuries; or (m) the Contractor has failed to obtain and/or maintain any other mandatory insurance coverage; or (n) the Contractor has failed to maintain recordkeeping and accounting requirements prescribed by law or regulations; or (o) the Contractor has a record of willful or repeat safety or health violations, or has otherwise failed to adequately provide for the health, safety and/or security of the public during any project with the Department or any Other Awarding Authority; or (p) the Contractor has failed to properly implement or manage its health and safety protocols or has failed to properly train, oversee, and manage its workforce; or (q) the Contractor has failed to implement proper management and administrative controls to avoid the risk of harm to its employees, MassDOT staff, and the public; or (r) the Contractor has abandoned or is in the process of abandoning one or more contracted projects with the Department or any Other Awarding Authority; or (s) the Contractor is not otherwise an eligible and responsible Bidder capable of performing the work; or (t) the Contractor has multiple instances of submitting bids to the Department or Other Awarding Authority without being on the approved Prequalification list issued to the Other Awarding Authority; (2) without presently being Prequalified; (3) without being prequalified in the approved class of work for a project (4) without requesting and obtaining an approved waiver to bid above the current class of work limit; or (5) that is above the Single Contract Limit. (u) any other factor bearing on a Contractor's qualifications, competency, or eligibility that, based upon a determination of the Prequalification Committee, and in the discretion of the Administrator, may warrant the modification, suspension, or revocation of a Contractor's Prequalification certification. Progressive Review Program (PRP). The Prequalification Committee may establish a Progressive Review Program to review a Contractor's qualifications, competency, or eligibility, and make determinations as to whether interim measures might be appropriate before formally modifying, suspending, or revoking a Contractor's Prequalification certification pursuant to 700 CMR 14.05(1). (a) Prior to any determination to modify, suspend, or revoke a Contractor's Prequalification certification, the Prequalification Committee may, but is not required to, review and consider whether interim conditions or measures would be appropriate for assessing a Contractor's qualifications, competency, or eligibility. (b) Such interim measures may include, but are not limited to, establishing performance standards, safety measures, corrective action plans, or other conditions deemed appropriate by the Prequalification Committee. (c) Any interim measures, and the period for monitoring compliance with such measures, will be determined by the Prequalification Committee in its sole discretion. (d) Determinations by the Prequalification Committee to establish progressive review criteria will be based upon the nature and extent of the issues under consideration for modification, suspension, or revocation. (e) The Prequalification Committee may also consider the record of performance by the Contractor as established by the Record of Contractor's Performance (Form CSD-680), and any other factor that it deems relevant. (f) Any Contractor or Subcontractor that has been determined to be under consideration for modification, suspension or revocation by the Prequalification Committee under 700 CMR 14.05(1)(a), (h), or (i) shall not be allowed to participate in a Progressive Review Program. (3) Notice of Determination. In the event that the Prequalification Committee determines that it will modify, suspend, or revoke the Contractor's Prequalification Certification for a reason or reasons noted in 700 CMR 14.05(1), the Contractor shall be notified in writing by certified mail, following the determination of the Prequalification Committee. The determination of the Prequalification Committee shall be subject to the Contractor's right of review as set forth in 700 CMR 14.07.