810 CMR 10.08
Evaluation Process
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 Subcontractors in response to the RFQ and make arrangements for the
checking of references.
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 Subcontractors.
(6) Meetings of the Prequalification Committee. Upon completion of their individual review
of the SOQs submitted by interested Subcontractors 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, § 44D¾ and set forth in the RFQ.
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 Subcontractors to clarify or
verify timely information submitted by an interested Subcontractor in its SOQ.
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: Guidelines for Prequalification, which shall reflect the score achieved by an
interested Subcontractor 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 Subcontractor. 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 Subcontractors 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
Subcontractors 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, § 44F. The Awarding Authority shall invite all achieving a score
of 70 or above to submit a sub-bid on the Building Project.
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 Subcontractors who have submitted a SOQ.
(11) Insufficient Number of Prequalified Subcontractors.
(a) Where Prequalification Is Mandatory. If the Awarding Authority qualifies fewer than
three Subcontractors to submit bids in each sub-bid trade 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 Subcontractors in each sub-bid
trade, then the Awarding Authority may do one of the following:
reject all responses and issue a new RFQ and attempt to prequalify at least three
Subcontractors in each sub-bid trade for which three were not initially prequalified;
abandon the prequalification process and invite filed sub-bids, without further
prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for
M.G.L. c. 149, §§ 44D½ and 44D¾; or
if at least two Subcontractors were deemed prequalified by the Prequalification
Committee in a particular sub-bid trade, then the Awarding Authority may elect, in its
sole discretion, to invite sub-bids from the two Subcontractors that were prequalified in
that sub-bid trade.
(b) Where Prequalification is Discretionary. If the Awarding Authority qualifies fewer than
three Subcontractors to submit sub-bids in a particular sub-bid trade and the prequalification
process was initiated at the option of the Awarding Authority, then Awarding Authority may
do one of the following:
1. reject all responses and issue a new RFQ and attempt again to prequalify at least three
Subcontractors in each sub-bid trade for which three were not initially prequalified;
abandon the prequalification process and invite filed sub bids, without further
prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for
M.G.L. c. 149, §§ 44D½ and 44D¾; or
if at least two Subcontractors were deemed prequalified by the Prequalification
Committee in a particular sub-bid trade, then the Awarding Authority may elect, in its
sole discretion, to invite sub-bids from the two Subcontractors that were prequalified in
that sub-bid trade.
Re-issuance of RFQ. Where an RFQ is reissued because there were fewer than three
Subcontractors prequalified in any particular sub-bid trades, 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, § 44D¾, and 810 CMR 10.00. Where an Awarding Authority reissues an RFQ
pursuant to either 810 CMR 10.08(11)(a) or (b), it may stipulate that all Subcontractors
prequalified to submit sub-bids in the particular trade 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 Subcontractor
or review by the Awarding Authority, for a maximum of one hundred and 120 days from the due
date of the responses of the initial RFQ.