Section 4.04 - Requirements/Conditions for CertificationA Contractor must establish to the satisfaction of DCAM that it is competent and responsible. DCAM shall not issue a Certificate of Eligibility to a Contractor if DCAM determines that the Contractor lacks competence or responsibility.
(1) The Commissioner shall establish in the Guidelines a minimum Overall Numerical Rating required for certification. DCAM shall not issue a Certificate of Eligibility to a Contractor who fails to achieve an Overall Numerical Rating at least equal to the minimum Overall Numerical Rating required for certification. A Contractor's Overall Numerical Rating shall be the result of a Contractor's Average Project Rating combined with other weighted evaluation criteria in a manner prescribed by the Commissioner. The Commissioner reserves the right not to certify a Contractor and may decertify a Contractor whom the Commissioner determines is either not competent or responsible even though the Contractor otherwise meets the Overall Numerical Rating for certification.(2) An applicant for certification must be a Contractor and have all licenses as required by law in the Categories of Work for which it seeks certification.(3) A Contractor must establish to the satisfaction of DCAM that the Contractor is financially responsible, based upon such criteria concerning the Contractor's financial condition as the Commissioner may prescribe.(4) A Contractor must have an established single project and aggregate project bonding capacity with a surety which is licensed by the Commonwealth of Massachusetts Division of Insurance and is on the most current list of approved sureties issued by the United States Department of the Treasury.(5) A Contractor must have management or supervisory personnel who are experienced in the performance of Building Projects.(6) A Contractor must provide complete and accurate answers to all questions in the application for certification and Update Statement and all other information and documentation required by DCAM for certification. Providing false or misleading information or failure to provide all required information will be considered grounds for denial, decertification and/or debarment. The owner and/or the person representing the owner in submitting the application must verify the accuracy of all information submitted on the application and must verify that the information submitted is in fact accurate and true, under oath. Failure to provide accurate information to regulatory authorities, legal counsel, accountants or any other party with whom a Contractor does business may be grounds for denial and debarment.(7) A Contractor must meet all other requirements for certification established by the Commissioner in the Guidelines, which may include, but are not limited to: (a) a minimum length of time in business(b) completion of a minimum number of projects of a certain dollar value with satisfactory Project Ratings, as outlined in the Guidelines.(c) a demonstrated history of competence and responsibility.(8) Any of the following that occurred within the past five years shall constitute cause for decertification or denial of certification: (a) a record of three or more Project Ratings that fall below the passing score established in the Guidelines on three or more separate Building Projects; or(b) a record of three or more contract terminations for cause and/or three or more invoked performance bonds, wherein the surety is required to honor the terms of the bond, of a Contractor or its predecessors or its successors in interest; or(c) failure to obtain and/or maintain worker's compensation insurance for the proper classification(s) of work; or(d) any conviction of a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of labor laws, or any other offense indicating a lack of business integrity or business honesty; or(e) willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract.(9) One or more of the following that occurred within the past five years may constitute cause for decertification or denial of certification:(a) legal or administrative proceedings brought against the Contractor; or(b) termination for cause from one or more Building Projects; or(c) abandonment of one or more Building Projects; or(d) a record of excessive direct payment claims or payment bond claims; or(e) a record of excessive safety violations; or(f) a record of excessive workers' compensation injuries; or(g) failure to comply with record-keeping and accounting requirements prescribed by law or regulation; or(h) failure to perform in accordance with the terms of one or more public contracts; or(i) a record of two Project Ratings that fall below the passing score established in the Guidelines on more than one Building Project; or(j) failure to obtain and/or maintain any other mandatory insurance coverage; or(k) a record of invoked performance bond(s), wherein the surety is required to honor the terms of the bond, of a Contractor or its predecessors or its successors in interest; or(l) any other factor bearing on a Contractor's competency or responsibility that, in the Commissioner's discretion, may warrant denial of certification or decertification.