(1)
Procedure. The Prequalification Committee may modify,
suspend, or revoke the Contractor's Prequalification certification if it
determines that the Contractor may be ineligible for reasons including, but not
limited to, the following:
(a) the Contractor
is presently debarred from performing work of any kind under the provisions of
M.G.L. c. 29, § 29F, or any other applicable debarment provisions of the
Massachusetts General Laws or any rule or regulation promulgated thereunder;
or
(b) the Contractor is presently
suspended or debarred from performing work of any kind under the laws of any
state other than the Commonwealth of Massachusetts, or by any Federal agency or
authority; or
(c) there is reason
to believe that the condition of the Contractor's firm is materially less
favorable than at the time of its last Application for Prequalification;
or
(d) the Contractor does not have
sufficient personnel, equipment, or sufficient assets to provide the necessary
personnel, or to provide the necessary equipment either through purchase or
lease agreements; or
(e) the
Contractor's performance on past or current work with the Department or Other
Awarding Authorities is or has been deemed to be unsatisfactory including, but
not limited to, the Department's evaluation of the quality of the Contractor's
performance, whether as a general contractor or subcontractor, in accordance
with the Record of Contractor's Performance (Form CSD-680); or
(f) on current projects of the Department or
Other Awarding Authorities, the Contractor frequently fails or has failed to
pay its subcontractors or material suppliers in a timely manner; or
(g) Multiple subcontractors of the Contractor
for any projects currently under construction have, within any 12-month period,
filed demands for direct payment with the Department in accordance with M.G.L.
c. 30, § 39F and such demands have been determined by the Department to
have merit; or
(h) the Contractor
has been convicted of a criminal offense involving embezzlement, theft,
forgery, bribery, falsification of or destruction of records, receiving stolen
property, violation of labor laws, or any other offense indicating a lack of
business integrity or business honesty; or
(i) the Contractor has willfully supplied
materially false information incident to obtaining or attempting to obtain or
performing any public contract or subcontract; or
(j) the Contractor has a record of contract
terminations for cause and/or invoked performance bonds, requiring the surety
to honor the terms of the Contractor or its predecessors or its successors in
interest; or
(k) the Contractor has
a record of excessive payment bond claims or direct payment claims;
or
(l) the Contractor has failed to
obtain and/or maintain worker's compensation insurance for the proper
classification(s) of work; or has a record of excessive workers' compensation
injuries; or
(m) the Contractor has
failed to obtain and/or maintain any other mandatory insurance coverage;
or
(n) the Contractor has failed to
maintain recordkeeping and accounting requirements prescribed by law or
regulations; or
(o) the Contractor
has a record of willful or repeat safety or health violations, or has otherwise
failed to adequately provide for the health, safety and/or security of the
public during any project with the Department or any Other Awarding Authority;
or
(p) the Contractor has failed to
properly implement or manage its health and safety protocols or has failed to
properly train, oversee, and manage its workforce; or
(q) the Contractor has failed to implement
proper management and administrative controls to avoid the risk of harm to its
employees, MassDOT staff, and the public; or
(r) the Contractor has abandoned or is in the
process of abandoning one or more contracted projects with the Department or
any Other Awarding Authority; or
(s) the Contractor is not otherwise an
eligible and responsible Bidder capable of performing the work; or
(t) the Contractor has multiple instances of
submitting bids to the Department or Other Awarding Authority
(1) without being on the approved
Prequalification list issued to the Other Awarding Authority;
(2) without presently being
Prequalified;
(3) without being
prequalified in the approved class of work for a project
(4) without requesting and obtaining an
approved waiver to bid above the current class of work limit; or
(5) that is above the Single Contract
Limit.
(u) any other
factor bearing on a Contractor's qualifications, competency, or eligibility
that, based upon a determination of the Prequalification Committee, and in the
discretion of the Administrator, may warrant the modification, suspension, or
revocation of a Contractor's Prequalification
certification.
(2)
Progressive Review Program (PRP). The Prequalification
Committee may establish a Progressive Review Program to review a Contractor's
qualifications, competency, or eligibility, and make determinations as to
whether interim measures might be appropriate before formally modifying,
suspending, or revoking a Contractor's Prequalification certification pursuant
to 700 CMR 14.05(1).
(a) Prior to any
determination to modify, suspend, or revoke a Contractor's Prequalification
certification, the Prequalification Committee may, but is not required to,
review and consider whether interim conditions or measures would be appropriate
for assessing a Contractor's qualifications, competency, or
eligibility.
(b) Such interim
measures may include, but are not limited to, establishing performance
standards, safety measures, corrective action plans, or other conditions deemed
appropriate by the Prequalification Committee.
(c) Any interim measures, and the period for
monitoring compliance with such measures, will be determined by the
Prequalification Committee in its sole discretion.
(d) Determinations by the Prequalification
Committee to establish progressive review criteria will be based upon the
nature and extent of the issues under consideration for modification,
suspension, or revocation.
(e) The
Prequalification Committee may also consider the record of performance by the
Contractor as established by the Record of Contractor's Performance (Form
CSD-680), and any other factor that it deems relevant.
(f) Any Contractor or Subcontractor that has
been determined to be under consideration for modification, suspension or
revocation by the Prequalification Committee under 700 CMR 14.05(1)(a), (h), or
(i) shall not be allowed to participate in a Progressive Review
Program.
(3)
Notice of Determination. In the event that the
Prequalification Committee determines that it will modify, suspend, or revoke
the Contractor's Prequalification Certification for a reason or reasons noted
in 700 CMR 14.05(1), the Contractor shall be notified in writing by certified
mail, following the determination of the Prequalification Committee. The
determination of the Prequalification Committee shall be subject to the
Contractor's right of review as set forth in 700 CMR 14.07.