720 CMR 5.08 - Miscellaneous for Contractors

(1) Proposals With Project Values Under $50,000.

(a) If a multiple bid proposal contains projects with project values less than $50,000, but totalling more than $50,000, only prequalified contractors can purchase the proposal.

(b) A non-prequalified contractor must submit a current Update Statement prior to purchasing an Official Proposal in order to be considered for bidding purposes.

(2) Contractor's Performance. The Contractor should be on notice that its conduct, not only as to the workmanship on the project, but also towards the travelling public and abutters alike may affect its prequalification status. The Contractor is directed to take special note of the Standard Specifications for Highways and Bridges; in particular 720 CMR 7.01 and 7.14, as well as, M.G.L. c. 81, § 18. The Contractor is reminded that respect towards the public during a Department sponsored project is to be maintained at all times.

(3) Scope of Regulations. 720 CMR 5.00 shall not be construed as extending to decisions or actions of the Department not pertaining to the Contractor's Prequalification status and competence to perform the work. Furthermore, 720 CMR 5.00 is not intended to set forth or create a regulatory or appeal mechanism concerning:

(a) the rejection by the Highway Commission of Proposals which contain informalities or otherwise fail to comply with the public bidding laws; or

(b) the Highway Commission's decision to reject all bids and re-advertise a project; or

(c) any other decision of the Department not directly related to the Contractor's Prequalification status or competence to perform the work.

(4) Severability. If any provision of 720 CMR 5.00 shall be held invalid in any circumstance, such invalidity shall not affect any other provisions and shall be severable.

Notes

720 CMR 5.08