Discretionary Prequalification of Subcontractors
Effective Oct 16, 2020Mass. Register #1428MGL c. 149, § 44D¾Division of Capital Asset Management and Maintenance
- (1) Where a Building Project is estimated to cost more than $100,000 but less than $10,000,000, an Awarding Authority may elect, in its own discretion, to prequalify Subcontractors to submit filed sub-bids, provided that the Awarding Authority conducts the prequalification process in accordance with M.G.L. c. 149, § 44D¾, and in accordance with 810 CMR 10.00.
- (2) An Exempt Agency may, in its own discretion, elect to prequalify Subcontractors to submit filed sub-bids for a particular Building Project, provided that upon such election the Awarding Authority conducts the prequalification process in accordance with M.G.L. c. 149, § 44D¾, and 810 CMR 10.00.
- (3) Where prequalification is discretionary and an Awarding Authority, including any Exempt Agency, elects to prequalify Subcontractors; the Awarding Authority may also elect to prequalify General Contractors for the same Building Project in accordance with 810 CMR 9.00, but is not mandated to do so.
- (4) Where prequalification is discretionary, an Awarding Authority, including any Exempt Agency, electing to prequalify Subcontractors may elect to prequalify all or only certain categories of Subcontractors; provided, however that where prequalification is elected for a particular filed sub-bid trade, then all Subcontractors for that filed sub-bid trade must be prequalified in order to be invited to submit a filed sub-bid.