Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors
Section 14.01 - Definitions

(1) Applicable to 700 CMR 14.00et seq.:

Administrator, shall mean the administrator of the highway division as defined in M.G.L. c. 6C, §37. The Administrator shall from time to time issue necessary rules and directives to carry out the intent of M.G.L. c. 81, § 8B.

Chief Engineer, shall mean the chief engineer appointed pursuant to M.G.L. c. 6C, § 39(b).

Department, shall mean the Massachusetts Department of Transportation, established under M.G.L. c. 6C, § 1 et seq.

Division, shall mean the division of highways, as constituted under M.G.L. c. 6C, §§ 37 to 51.

Other Awarding Authority, shall mean any city, town, or awarding authority in the Commonwealth, other than the Department, that requires bidders to be prequalified in accordance with M.G.L. c. 81, § 8B in order to bid on a project, such as projects

(2) Applicable to 700 CMR 14.02 through 14.09 inclusive:

Application for Prequalification, shall mean the Contractor's statement, on forms provided by the Department, setting forth its Aggregate and Single Bonding Capacity, financial resources, adequacy of plant and equipment, organization, experience and other pertinent facts, and any other statement or information provided by the Contractor in connection therewith.

Aggregate Bonding Capacity, shall mean the highest total dollar amount of Performance and Labor and Material bonds a surety will provide to the Contractor for all contracts.

Class(es) of Work, shall mean the general definitions of, and prequalification requirements for, various classes of work established by the Prequalification Committee, which may be amended from time to time.

Contractor or Bidder, shall mean a person seeking to be prequalified in accordance with M.G.L. c. 81, § 8B, which shall include individuals, partnerships, associations, corporations, joint venturers, or other enterprises, and their representatives, trustees, or receivers appointed by any court of competent jurisdiction.

Experience, shall mean the number of years of relevant experience of the Contractor and its employees performing and successfully completing projects in one or more of the Classes of Work established by the Prequalification Committee.

Informational Proposal Documents, shall mean the proposed plans and specifications and other materials showing the location and description of the contemplated work, provided solely for the purpose of an informal evaluation of a project. A bid will not be accepted based upon an Informational Proposal Documents.

Official Proposal Document, shall mean the plans and specifications showing the location and description of the contemplated work, an itemized proposal form listing the estimates of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, and a Notice to Contractors or Instructions for Bidders and special provisions for the particular project, all of which are provided to a Prequalified Contractor identified on On-Line Bidding platform or a Department issued Official Bid list. A bid will only be accepted based upon an Official Proposal Document. Official Proposal Books are not transferable.

Prequalification Committee, shall mean a committee established within the Department in accordance with the provisions of M.G.L. c. 81, § 8B, consisting of at least three members of the engineering and construction staff, including the Director of Prequalification and the Chairperson, appointed by the Administrator.

Prequalified Contractor, shall mean a firm which has been prequalified by the Prequalification Committee, authorized to receive an Official Proposal Documents, and authorized to submit a bid if identified on a Department issued Official Bid list. For Design-Build Projects, only short-listed Prequalified Contractors are authorized to receive Official Proposal Documents and submit both technical and price proposals.

Project Value or Total Prequalification Project Value, shall mean the dollar value of the work under the contract as determined by the Department in its sole discretion, which shall include the value of any and all current and future option items included in the bid documents for the contract.

Single Bonding Capacity, shall mean the highest total dollar amount of Performance and Labor and Material bonds a surety will provide to the Contractor for any one contract.

Single Contract Limit, shall be maximum project value that the contractor can bid on within a particular class of work.