Section 10.04 - Prequalification Committee(1)Establishment. When the prequalification process is utilized by an Awarding Authority, whether mandated or elected by the Awarding Authority, the Awarding Authority shall establish a Prequalification Committee prior to issuing the RFQ to Subcontractors.(2)Purpose. The Prequalification Committee established by the Awarding Authority shall be responsible for the evaluation of each Subcontractor seeking prequalification for a particular Building Project. Such evaluation shall be conducted by review of the SOQs (and required supporting documentation) submitted by Subcontractors in response to an RFQ issued by an Awarding Authority for the prequalification of Subcontractors on a particular Building Project.(3)Composition. The Prequalification Committee shall be comprised of three representatives of the Awarding Authority and one representative from the Designer. Where the Building Project requires an OPM pursuant to M.G.L. c 149, § 44A1/2, the OPM shall fill one of the three Awarding Authority seats on the Prequalification Committee. Variance from the aforementioned size and composition of the Prequalification Committee is prohibited, except as specifically provided for in 810 CMR 10.00. Whenever the Awarding Authority is prequalifying both General Contractors and Subcontractors for a particular Building Project, to the extent possible, the Prequalification Committee members should be the same for the prequalification evaluation of both. (a)Awarding Authority Representatives.1. The Awarding Authority shall appoint three representatives to the Prequalification Committee who, in the sole discretion of the Awarding Authority, will best serve the interests of the Building Project. Where a Building Project is being undertaken by one Awarding Authority for the beneficial use of another Awarding Authority, one representative of the Awarding Authority on the Prequalification Committee may be a representative of the beneficiary Awarding Authority or user agency.2. If the Building Project is one where an OPM is required pursuant to M.G.L. c. 149, § 44A1/2, then the OPM shall be one of the three Awarding Authority representatives on the Prequalification Committee.3. If the OPM is a third-party, not employed directly by the Awarding Authority, then the Prequalification Committee services performed by the OPM shall be included in the scope of work of the OPM's contract with the Awarding Authority and the costs associated with the same shall be included in the OPM contract price and specifically approved by the Awarding Authority. The OPM shall not be entitled to additional compensation for any work associated with prequalification services provided by the OPM unless agreed to and approved in writing by the Awarding Authority.4. If the OPM is not an employee of the Awarding Authority, but a third-party retained by the Awarding Authority, then the OPM must be independent of the Designer in order to avoid an appearance of or an actual conflict of interest.(b)Designer Representative.1. The Designer Representative shall be an individual person employed by the design firm for the Project who either prepared the design documents for the Awarding Authority and is familiar with the requirements of the Building Project or who will be the Designer's designated representative for the Building Project.2. The selection of the Designer representative must be approved by the Awarding Authority. The Awarding Authority has the right to reject the Design Representative to the Prequalification Committee selected by the Designer where, in its sole discretion, the Awarding Authority concludes that the inclusion of such Design Representative would not be in the best interest of the Building Project.3. The Prequalification Committee services performed by the Designer Representative should be included in the scope of work of the Designer's contract with the Awarding Authority and the costs associated with the same should be included in the design contract price and specifically approved by the Awarding Authority.(4)Initial Meeting of the Prequalification Committee. Where the prequalification process is to be utilized on a Building Project by an Awarding Authority, either by mandate or by the election of the Awarding Authority, the Prequalification Committee shall convene as soon as possible upon designation by the Awarding Authority to perform the following administrative tasks required for the prequalification evaluation process:(a)Appointment of Chairperson. The Prequalification Committee shall designate one of the three Awarding Authority members of the Prequalification Committee to be the chairperson for the committee. The chairperson shall be responsible for the coordination of meetings and the management of the evaluation process as set forth in 810 CMR 10.09;(b)Finalize RFQ Form. Upon designation of a chairperson, the Prequalification Committee shall finalize the RFQ for the Building Project in accordance with the statutory requirements and evaluation categories set forth in M.G. L. c. 149, § 44D3/4. The RFQ shall only include the evaluation categories and criteria set forth in M.G.L. c. 149, § 44D3/4 and shall be in compliance with the requirements set forth in 810 CMR 10.05;(c)Allocation of Points for Evaluation Subcategories. The Prequalification Committee shall, prior to the issuance of the RFQ for the Building Project, allocate the points available in each of the evaluation subcategories set forth in M.G.L. c. 149, § 44D3/4. The point allocations for each of the evaluation subcategories are within the discretion of the Prequalification Committee or as otherwise determined by the Awarding Authority.(d)Finalize Statement of Qualifications Form. Included in the RFQ prepared by the Prequalification Committee, there shall be a SOQ form in a form consistent with the standard SOQ form prescribed by DCAMM: Guidelines for Prequalification to be completed by Subcontractors interested in being prequalified to bid on the Building Project. The SOQ form shall only solicit information from interested Subcontractors that is specifically designated in M.G.L. c. 149, § 44D3/4 and shall conform to the requirements set forth in 810 CMR 10.06.Amended by Mass Register Issue 1428, eff. 10/16/2020.