810 CMR 9.05
Contents of the Request for Qualifications
General Information and Instructions. The RFQ shall repeat and contain all of the
information required in the public advertisement as set forth in 810 CMR 9.07(4)(a). The RFQ
shall contain instructions regarding the RFQ and prequalification process and how interested
General Contractors shall respond to the RFQ in order to be considered for prequalification.
(2) RFQ Interest Form. The RFQ shall include an RFQ Interest Form, in a form consistent with
the RFQ Interest Form prescribed by DCAMM in the DCAMM Guidelines for Prequalification,
to be completed and returned by interested General Contractors upon receipt of the RFQ to alert
the Awarding Authority of their potential interest in the Building Project and provide contact
information in the event that any addenda to the RFQ are issued. By submitting the RFQ Interest
Form the interested General Contractor is only expressing its interest in the Building Project and
is requesting that it be added to the list of firms that will receive any addenda to the RFQ on the
Building Project. The Awarding Authority assumes no responsibility for a General Contractor’s
failure to receive any addenda or other correspondence related to this RFQ if the General
Contractor fails to submit an RFQ Interest Form to the Awarding Authority as directed in the
RFQ. The Awarding Authority shall maintain a list of all firms that have submitted an RFQ
Interest Form and shall provide notice of any addenda or other communications regarding the
prequalification process to all firms that have submitted the RFQ Interest Form.
(3) Overview of Selection Process. The RFQ shall include an overview of the selection process
stating that the RFQ is being issued for a Building Project pursuant to M.G.L. c. 149, § 44D½
to solicit firms interested in providing General Contractor services for said Building Project. The
RFQ shall also include a statement that the General Contractor selection process for the Building
Project is a two-phase process as set forth in M.G.L. c. 149, § 44D½ and that the Awarding
Authority is prequalifying firms interested in providing General Contractor services for said
Building Project through this RFQ prequalification process.
Evaluation Criteria. The RFQ shall include a detailed description of the evaluation
categories and subcategories on which the Prequalification Committee will evaluate interested
General Contractors for prequalification.
(a) General Evaluation Categories. The RFQ shall advise interested General Contractors
that they will be evaluated for prequalification by the Prequalification Committee on the
basis of the four general evaluation categories mandated in M.G.L. c. 149, § 44D½ and shall
set forth the evaluation points allocated to each of the categories. The Awarding Authority
shall not modify, add or delete from these prescribed four general categories in the RFQ or
any addenda thereto. The mandated general evaluation categories and their respective point
allocations are as follows:
1. Management Experience. The RFQ shall expressly state that there are a maximum
of 50 points available in this evaluation category, but even if all other requirements for
prequalification are met by an interested General Contractor, a minimum of 25 points are
required in this evaluation category in order for an interested General Contractor to be
deemed prequalified by the Prequalification Committee to submit a general bid for the
Building Project.
References. The RFQ shall expressly state that there are a maximum of 30 points
available in this evaluation category, but even if all other requirements for
prequalification are met by an interested General Contractor, a minimum of 15 points are
required in this evaluation category in order for an interested General Contractor to be
deemed prequalified by the Prequalification Committee to submit a general bid for the
Building Project.
3. Capacity to Complete. The RFQ shall expressly state that there are a maximum of
20 points available in this evaluation category, but even if all other requirements for
prequalification are met by an interested General Contractor, a minimum of ten points
are required in this evaluation category in order for an interested General Contractor to
be deemed prequalified by the Prequalification Committee to submit a general bid for the
Building Project.
Mandatory Requirements. The RFQ shall expressly state that there are no points
available in this evaluation category, but even if all other requirements for
prequalification are met by an interested General Contractor, an interested General
Contractor must satisfy all of the Mandatory Requirements in order for an interested
General Contractor to be deemed prequalified by the Prequalification Committee to
submit a general bid for the Building Project.
(b)
Evaluation Subcategories. The RFQ shall specifically state that interested General
Contractors will be further evaluated for prequalification by the Prequalification Committee
in accordance with certain mandated sub-categories within each of the four evaluation
categories set forth in 810 CMR 9.05(4)(a)1. through 4. The evaluation sub-categories
mandated by M.G.L. c. 149, § 44D½ are as follows:
1. Sub-Categories for Management Experience.
a.
Business Owners. The name, title, years with firm of the owner(s) of the
business.
b. Management Personnel. The names, title, education and construction experience,
years with firm, and list of projects completed by all management personnel,
including, but not limited to, all management personnel who will have any direct or
indirect responsibility for the Building Project for which the RFQ is issued.
c. Similar Project Experience. The project name(s), description, original contract
sum, final contract sum with explanation, and date completed of similar projects.
The Awarding Authority shall have the discretion to include in the RFQ a description
of what it considers a “similar project”.
d. Terminations. A list of any projects on which the firm was terminated or failed
to complete the work, including an explanation for each instance listed.
e.
Legal Proceedings. A list of all legal or administrative proceedings currently
pending against the General Contractor or concluded adversely to the General
Contractor within the past five years which relate to the procurement or performance
of any public or private construction contract.
f.
Safety Record. The three-year history of the firm's workers' compensation
experience modifier.
g.
Compliance Record. Information on and evidence of the firm's compliance
record with respect to minority business enterprise and women business enterprise
inclusion goals and workforce inclusion goals, if applicable, on Building Projects
within the past five years.
2. Sub-categories for References.
a.
Project References. A list of references from owners and architects for all
“similar projects” listed by the General Contractor provided in response to the
information sought in 910 CMR 9.05(4)(b)1.c. The list of references must include,
at a minimum, project names and the names of the owners and architects, with
current address, telephone and fax number, and a contact person for each.
b. Credit References. A list of a minimum of five credit references, including the
current telephone and fax number of a contact person from key suppliers, vendors
and banks.
c. Public Project Record. A list of all completed Building Projects during the past
three years with owner's name, current address, telephone and fax number and a
contact person for each.
3. Sub-categories for Capacity to Complete Projects.
a. Audited Financial Statement. An interested General Contractor shall provide an
audited financial statement for the most recent fiscal year. Such financial
information submitted shall remain confidential and shall not be a public record
under M.G.L. c. 4, § 7.
b.
Revenue. An interested General Contractor shall provide its revenue under
contract for the next three fiscal years. Such financial information submitted shall
remain confidential and shall not be a public record under M.G.L. c. 4, § 7.
c. Preservation of Confidentiality of Financial Information Submitted in Response
to RFQ. In order to preserve the confidentiality of interested General Contractors
providing this information in response to an RFQ, interested General Contractors
may submit the required financial information in 810 CMR 9.05(4)(b)3.a. and b. in
a sealed envelope, attached to its SOQ package by staple, providing that the General
Contractor clearly labels the outside of the envelope with its name, the project name,
the project number and a notation that the envelope contains confidential financial
information.
4. Sub-categories for Mandatory Requirements.
a. Bonding Capacity. A Commitment Letter from a Surety Company indicating that
an interested General Contractor is Bondable. If the Commitment Letter provided
is written on behalf of a Surety Company, but not actually from a Surety Company
as defined in 810 CMR 9.01, then the Commitment Letter must be accompanied by
an authorized power of attorney from a Surety Company or it will be deemed
insufficient.
b.
DCAMM Certification. An interested General Contractor must provide a
Certificate of Eligibility issued by DCAMM pursuant to M.G.L. c. 149, § 44D,
showing a single and aggregate capacity rating sufficient for the Building Project.
c. Update Statement. An interested General Contractor must provide a completed
and currently valid Update Statement.
(5) Allocation of Points for Evaluation General Categories and Sub-categories. The RFQ shall
specify the point allocation of each evaluation category and subcategory.
(a)
Mandatory Point Allocation of Categories. The point allocation required in
M.G.L. c 149, § 44D½ for the four general evaluation categories set forth in 810 CMR
9.05(4)(a)1. through 4. shall be expressly stated in the RFQ and may not be varied by the
Awarding Authority under any circumstances.
(b) Discretionary Point Allocation of Sub-categories. The Awarding Authority shall have
the discretion to determine the point allocation for each of the sub-categories set forth in
810 CMR 9.05(4)(b) within each of the general categories set forth in 810 CMR 9.05(4)(a);
provided however, that the total amount allocated among the sub-categories within each of
the general categories does not exceed or fall short of the total points required in each general
category.
Contractors Required Response Format – Statement of Qualifications. The RFQ shall
instruct interested General Contractors regarding the required submission procedures and shall
include in the body of the RFQ a copy of the required SOQ form, including the required
schedules, and a list of the required attachments thereto.