720 CMR 5.11 - Proposal Books for Prospective Bidders for Statewide Engineering Field Survey Services

(1) 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.
(2) Non-Issuance of Proposal Books. A proposal book shall not be issued to a prospective bidder:
(a) if 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.
(c) if the Prequalification Committee determines that:

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 contract(s).

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 made.

(3) 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.


720 CMR 5.11

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