810 CMR 9.08
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 General Contractors 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 General Contractors.
(6) Meetings of the Prequalification Committee. Upon completion of their individual review
of the SOQs submitted by interested General Contractors 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, § 44D½ 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 General Contractors to clarify
or verify timely information submitted by an interested General Contractor 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 in the DCAMM Guidelines for Prequalification, which shall reflect the score achieved
by an interested General Contractor 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 General Contractor. 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 General Contractors 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 General
Contractors 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, § 44E. The Awarding Authority shall invite all achieving a score
of 70 or above to submit a general 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 General Contractors who have submitted a SOQ.
(11) Insufficient Number of Prequalified General Contractors.
(a) Where Prequalification Is Mandatory. If the Awarding Authority qualifies fewer than
three General Contractors to submit bids 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 General Contractors, 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
General Contractors;
abandon the prequalification process and invite general bids, without further
prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for
M.G.L. c. 149, § 44D½ or § 44D¾; or
3. if at least two General Contractors were deemed prequalified by the Prequalification
Committee, then the Awarding Authority may elect, in its sole discretion, to invite
general bids from the two General Contractors that were prequalified.
(b) Where Prequalification is Discretionary. If the Awarding Authority qualifies fewer than
three General Contractors to submit bids and the prequalification process was initiated at the
option of the Awarding Authority, then Awarding Authority may do one of the following,
without any further requirement to utilize the prequalification process:
1. reject all responses and issue a new RFQ and attempt again to prequalify at least three
General Contractors;
abandon the prequalification process and invite general bids, without further
prequalification, pursuant to M.G.L. c. 149, §§ 44A through 44J, except for
M.G.L. c. 149, § 44D½ or § 44D¾; or
3. if at least two General Contractors were deemed prequalified by the Prequalification
Committee, then the Awarding Authority may elect, in its sole discretion, to invite
general bids from the two General Contractors that were prequalified.
Re-issuance of RFQ. Where an RFQ is reissued because there were fewer than three
General Contractors prequalified, 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,
§ 44D½, and 810 CMR 9.00. Where an Awarding Authority reissues an RFQ pursuant to either
810 CMR 9.08(11)(a) or (b) it may stipulate that all General Contractors prequalified to submit
general bids 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 General Contractor or review by the Awarding Authority, for a
maximum of 120 days from the due date of the responses of the initial RFQ.