720 CMR 5.06 - Rejection of Bids

(1) Procedure. The Prequalification Committee may recommend that the Highway Commission reject the Contractor's bid if the Prequalification Committee determines that:

(a) Award of the contract would result in the Contractor exceeding the Bond Capacity established by its Surety Company, or the Contractor's bid exceeds its Single Contract Limit. In such circumstances, the Contractor's bid shall be rejected, but its prequalification status shall not be otherwise modified or revoked; or

(b) 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

(c) The Contractor is presently debarred from performing work of any kind under laws of any state other than the Commonwealth of Massachusetts, or by any Federal agency or authority; or

(d) The Contractor's performance on past or current work with the Department or any other awarding authorities is or has been unsatisfactory; or

(e) On current projects of the Department or other public authorities the Contractor fails to pay its subcontractors or material suppliers in a timely manner; or

(f) 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

(g) 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 recommend that the Highway Commission reject the Contractor's bid for a reason or reasons noted in 720 CMR 5.06(1), the Contractor shall be notified in writing. The determination of the Prequalification Committee shall be subject to the Contractor's right of review as set forth in 720 CMR 5.07.

(3) Right to Reject Bids is Reserved. The Highway Commission reserves the right to reject any and all bids, or waive any informality, when deemed to be in the public interest. Nothing in 720 CMR 5.00 shall be interpreted as depriving the Highway Commission of the right to reject any bid when such bid does not fully comply with the specifications for the project or the applicable public bidding law or regulations, or the Contractor is otherwise not eligible or responsible to receive award of the contract.

Notes

720 CMR 5.06