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Building Construction Contracts

M.G.L. c.149 Building Construction Contracts

Estimated Contract AmountUnder $10,000$10,000 to $50,000Over $50,000 to $150,000Over $150,000Over $10,000,000
Procurement Procedure Sound business practices (as defined in M.G.L. c. 30B, § 2).1 Use a written scope-of-work statement to solicit written responses from no fewer than 3 persons who customarily perform such work. Sealed Bids (using M.G.L. c. 30, § 39M procedure). Sealed bids (using M.G.L. c. 149, §§ 44A-44J). Solicit statements of qualifications prior to soliciting sealed bids (using M.G.L. c. 149, §§ 44A-44J).
Notice/Advertising Requirements None. Post a notice at least two weeks before responses are due on 1) your jurisdiction's website; 2) COMMBUYS; 3) in the Central Register; and 4) in a conspicuous place near youroffice.2 Post a notice 1) in your jurisdiction's office for at least one week before bids are due; and, at least two weeks before bids are due, publish 2) in the Central Register; 3) in a newspaper; and 4) on COMMBUYS .3  Post a notice 1) in your jurisdiction's office for at least one week before bids are due; and, at least two weeks before bids are due, publish 2) in the Central Register; 3) in a newspaper; and 4) on COMMBUYS.4  Advertise the request for qualifications at least two weeks before responses are due (1) in a newspaper; (2) in the Central Register; and (3) on COMMBUYS.5
DCAMM Certification No. No. No. Yes. General bidders if more than $150,000 and filed sub-bidders if more than $25,000. Yes. general bidders if more than $150,000 and filed sub-bidders if more than $25,000.
OSHA Training No. Yes. Yes. Yes. Yes.
Prequalification No. No. No. Optional.6 Yes.
Filed Sub-Bids No. No. No. Yes, if more than $25,000. Yes, if more than $25,000.
Bid Deposit No. No. 5% of the value of the total bid. 5% of the value of the total bid or sub-bid. 5% of the value of the total bid or sub-bid.
Payment Bond No. 50% payment bond if contract is >$25,000.7 50% payment bond. 100% payment bond. 100% payment bond.
Performance Bond No. No. No. 100% performance bond. 100% performance bond.
Prevailing Wage Yes. Yes. Yes. Yes. Yes.
Contractor Evaluation No. No. No. Yes. Yes.
OSD or Blanket Contract Option Yes. Yes. No. No. No.

 

1 M.G.L. c. 149, § 44A(2)(A) as amended by Chapter 218 of the Acts of 216. M.G.L. c. 30B, §2, defines sound business practices as "ensuring the receipt of favorable prices by periodically soliciting price lists or quotes".

2 M.G.L. c. 149, § 44A(2)(B), as amended by Chapter 218 of the Acts of 2016.

3 M.G.L. c. 149, § 44J, as amended by Chapter 218 of the Acts of 2016.

4 M.G.L. c. 149, § 44J, as amended by Chapter 218 of the Acts of 2016.

5 The advertising procedures listed pertain only to the request for qualifications. Within 14 days of the completion of the prequalification process, you are required to post a notice in your jurisdiction and on COMMBUYS listing those general contractors and subcontractors who have been prequalified. A copy of the notice must be sent via first class mail, postage pre-paid, to all prequalified general and subcontractors along with an invitation to bid. The invitation to bid must have a deadline of at least two weeks. Although you may only consider bids from those general and subcontractors who have been prequalified, the advertising requirements for building construction contracts over $150,000 apply.

6 If you decide to use the optional prequalification process for projects over $150,000, follow the procedures listed in the "Over $10,000,000" column.

7 M.G.L. c. 149, § 29.