720 CMR 5.05 - Revocation or Revision of Prequalification Certification

(1) Procedure. The Prequalification Committee may modify or revoke the Contractor's Prequalification certification if the Prequalification Committee determines that:

(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 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 equipment, or sufficient assets to provide 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 unsatisfactory; or

(f) on current projects of the Department or other public authorities the Contractor frequently fails or has failed to pay its subcontractors or material suppliers in a timely manner; or

(g) three or more 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 the claims have been voted on and approved by the Board of Commissioners; or

(h) the Contractor is not otherwise an eligible and responsible bidder capable of performing the work.

(2) Notice of Determination. In the event that the Prequalification Committee determines that it will modify or revoke the Contractor's Prequalification Certification for a reason or reasons noted in 720 CMR 5.05(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 720 CMR 5.07.

Notes

720 CMR 5.05