810 CMR 9.07
Public Notice of Prequalification
(1) Public Notice and Solicitation of Responses to RFQ. Once the Prequalification Committee
has met and finalized the RFQ and SOQ in accordance with the requirements set forth in
810 CMR 9.05 and 9.06, the Awarding Authority shall initiate the prequalification process by
issuing a public notice to alert interested General Contractors that prequalification will be
utilized for the procurement of a General Contractor on a particular Building Project and that
general bids will not be accepted from General Contractors which have not been prequalified and
invited to bid by the Awarding Authority as provided in M.G.L. c. 149, § 44D½, and 810 CMR
9.00.
(2) Advertisement of Public Notice and Solicitation of Responses to RFQ. The public notice
shall be advertised in a newspaper of general circulation in the area in which the Building Project
is located, in the Central Register pursuant to M.G.L. c. 9, § 20A, and within the
Commonwealth’s state-wide COMMBUYS procurement system, which is administered by the
Commonwealth’s Operational Services Division. The public notice may also be posted on the
Awarding Authority’s web-site, but such posting will not eliminate or substitute the requirement
to advertise the public notice as set forth in 810 CMR 9.07.
Time for Public Notice and Solicitation of Responses to RFQ. The public notice that
prequalification will be utilized and solicitation of responses to the RFQ issued for that purpose
shall be published by the Awarding Authority not less than two weeks before the deadline for
submission of responses to the RFQ.
(4) Contents of Public Notice and Solicitation.
(a) The public notice must contain the following minimum required information regarding
the Building Project:
1. a statement indicating that the RFQ will be used to prequalify General Contractors
for a particular Building Project and only General Contractors who are prequalified by
the Awarding Authority will be invited to submit a bid for the Building Project pursuant
to M.G.L. c. 149, § 44E;
2. the location or locations where interested General Contractors can obtain a full copy
of the RFQ, including both the actual address or addresses where a hard copy may be
obtained and the electronic address or addresses where an electronic copy may be
obtained;
the time and date for receipt of responses to the RFQ, which shall be at least two
weeks after the date of advertisement of the public notice and solicitation of responses
to the RFQ;
4. both the mailing and physical address of the office to which the responses to the RFQ
are to be delivered;
5. the timeframe in which the Awarding Authority will respond to said responses;
6. a general description of the Building Project which shall include a description of the
physical location of the Building Project and the work to be performed;
7. the anticipated schedule for the Building Project from the time a notice to proceed
is issued by the Awarding Authority;
8. the estimated construction cost for the Building Project;
a listing of the project team, including the Awarding Authority, the Designer, and
Awarding Authority's OPM, if applicable;
a detailed description of the evaluation procedure and the criteria for the
prequalification of General Contractors, including the point rating system to be enlisted
by the Prequalification Committee in evaluating responses to the RFQ and the specific
point allocation for each evaluation category and sub-category, and the anticipated
schedule for the start and completion of the evaluation process;
11. a prohibition against any unauthorized communication or contact with the Awarding
Authority outside of official pre-bid meetings. (The only communications which shall be
deemed authorized are inquiries made to the Awarding Authority for general information
about obtaining the RFQ, RFQ submission deadlines, and the existence of any relevant
addenda to the RFQ; and inquiries made at any official Pre-RFQ submission meeting
held by the Awarding Authority); and,
if the Awarding Authority elects to limit the size and number of pages to be
included in the responses to the RFQ then notice of that limitation must be included in
the public notice and solicitation.
(b) Where inclusion of all of the information set forth in 810 CMR 9.07(4)(a) in the text of
the advertisement is not practicable due to the limitations of space and cost for such
advertisement, the Awarding Authority shall include at a minimum the required information
set forth in 810 CMR 9.07(4)(a)1. through 9. in the advertisement and explicitly state in the
advertisement that all further required public notice information regarding the Building
Project, including the prequalification evaluation criteria and the selection process, is
included in the RFQ which shall be available to interested General Contractors at the
physical and electronic locations set forth in the advertisement.