18- 554 C.M.R. ch. 11, § III-21

Current through 2025-03, January 15, 2025

Section 554-11-III-21 - Selection for Qualification

Summary: This section establishes procedures and standards for the Bureau's selection of applicants for qualification.

1.Selection by Bureau

The Bureau shall select applicants for qualification in accordance with the procedures and standards of this section.

At or before the deadline for submission of applications for qualification under this Chapter, the Director of Construction shall appoint a team from among the Bureau's Professional Services staff to review the applications, determine whether each applicant is qualified to provide the services the applicant has applied to perform, and recommend to the Director of Construction whether the application should be approved or denied. Based on the recommendation of the team and the Director of Construction's review of the application, the Director of Construction shall make a final determination as to whether the applicant is eligible for qualification to provide such services.

2. Standards and Basis for Selection

A. Standards. In determining whether an applicant is capable of performing a particular service for which the applicant seeks qualification, the Bureau may request from the applicant information about the following:

1. Licensure, certification, and/or registration, as applicable;

2. Competency;

3. Experience;

4. Training;

5. Financial and bonding capacity;

6. Insurance;

7. Personnel;

8. Liability and claims experience.

B. Basis. The Bureau's evaluation must be based on the information contained in the application, any additional, related information submitted by the applicant or requested by the Bureau, any written information obtained from another public agency, any experience the Bureau has had with the applicant, and any other information deemed relevant by BGS.

3. Notification of Bureau's Decision

After the Director of Construction decides whether an applicant is a qualified professional, the Bureau shall seasonably notify the applicant of the decision in writing.

4.Appeal

If the Director of Construction determines that an applicant is not eligible for qualification under subsection 11(2), supra, of this Chapter, the applicant may appeal that decision to the Commissioner of the Department of Administrative and Financial Services within fifteen (15) days of the Construction Director's decision. The Commissioner shall complete the appeal process and issue a decision within fifteen (15) days of the filing of the appeal. The decision of the Commissioner is final.

5.No Obligation

The Bureau's selection of an applicant for qualification under this Chapter does not in any way require the Bureau to contract with the applicant to perform services.

18- 554 C.M.R. ch. 11, § III-21

EFFECTIVE DATE:
June 5, 2005 - filing 2005-193

STATUTORY AUTHORITY: 5 M.R.S.A. §1742(6)