Definitions

The following definitions are for the purpose of 810 CMR 10.00 pertaining to the prequalification of Subcontractors 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 10.01, regarding a particular Subcontractor, as defined in 810 CMR 10.01, 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 the Subcontractor’s class of work on a Building Project, as defined in 810 CMR 10.01, on behalf of that Subcontractor, if the Subcontractor is prequalified by the Awarding Authority and ultimately awarded a subcontract on 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 4.09(1). All Subcontractors, as defined in 810 CMR 10.01, desiring to perform work on public Building Projects must obtain such Certificate of Eligibility from DCAMM, by no later than January 1, 2006. 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 Subcontractor as part of its Statement of Qualifications, as defined in 810 CMR 10.01, for a particular Building Project that states that the Surety Company has determined the Subcontractor to be Bondable, if the Subcontractor is prequalified and ultimately awarded a subcontract 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 public 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, § 44A½. Prequalification Evaluation Report, a report prepared by the Prequalification Committee, established pursuant to 810 CMR 10.04, after it has completed its deliberations which indicates a Subcontractor’s prequalification score in each of the evaluation categories and subcategories set forth in a Request for Qualifications, as defined in 810 CMR 10.01. Prequalification of Subcontractors, a process in accordance with M.G.L. c. 149, § 44D¾ whereby all Subcontractors 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, § 44D¾ soliciting information regarding the qualifications and competency of Subcontractors. Statement of Qualifications (SOQ), an application form, prescribed by an Awarding Authority and required to be completed by Subcontractors responding to an RFQ. The Statement of Qualifications shall include any schedules and supporting documents, which are required to be completed and submitted by the Subcontractor 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), including any other class of work selected by the Awarding Authority as filed sub-bid work pursuant to M.G.L. c. 149, § 44F(1)(r), 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.GL. 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 4.01, to be completed by a Subcontractor and submitted with all filed sub-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 Subcontractor’s Building Projects in progress and Building Projects completed by the Subcontractor since the issuance date of the Subcontractor’s current Certificate of Eligibility.