Proposal Book. Prior to the bidding period, a proposal
book will be sent by the Department to each prequalified prospective bidder.
Each proposal book shall have an identifying number and shall be
non-transferable. A bid submitted in a proposal book issued to another Surveyor
shall be rejected.
Non-Issuance of Proposal Books
. A proposal book shall
not be issued to a prospective bidder:
the prospective bidder has not been prequalified when the value of the work on
which it is bidding added to the value of its uncompleted work already under
contract with the Department will aggregate $50,000 or more.
(b) if the prospective bidder has been
established as being unacceptable for employment under administrative action
taken in instances of irregularities as set forth in Federal Regulations, Title
23 CFR c. 1 part 2, "Statement of policy as to administrative action to be
taken by the Federal Highway Administrator in instances of irregularities." The
time period during which a proposal form will not be issued in this instance
shall be during that period in which the prospective bidder is considered
unacceptable by the Federal Highway Administrator.
if the Prequalification Committee
The prospective bidder is making unsatisfactory progress or
performing work which is substantially unsatisfactory on current contract(s),
or The prospective bidder has performed unsatisfactory work on prior
A prospective bidder shall be notified in writing of the
refusal by the Department to issue a proposal book within three days, excluding
Saturdays, Sundays, and holidays, of the date that such decision is
Appeal from Refusal to Issue a Proposal Book. After
receiving notification of refusal to issue a proposal book the prospective
bidder may make written request for a review or hearing by the Prequalification
Appeal Board of the decision of the Surveyors Prequalification Committee. A
request for a review shall set forth the prospective bidder's arguments for
revision of the decision. In the event the prospective bidder requests a
hearing, the Prequalification Appeal Board shall hold a hearing and render a
written decision thereon within ten calendar days of the prospective bidder's
request. Where a review only is requested, the Prequalification Appeal Board
shall give a written decision within seven calendar days of receipt of the
prospective bidder's request. In either case, the decision shall be final and
binding subject to the right of the prospective bidder to a judicial review
under the applicable provisions of M.G.L. c. 30A.