D_SubBidUpdateStatement.doc

SPECIAL NOTICE TO AWARDING AUTHORITY

SUB-BIDDERS’ UPDATE STATEMENTS ARE NOT PUBLIC RECORDS AND

ARE NOT OPEN TO PUBLIC INSPECTION (M.G.L. C.149, §44D)

EFFECTIVE MARCH 30, 2010

Commonwealth of Massachusetts

Division of Capital Asset Management

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SUB-BIDDER

UPDATE STATEMENT

TO ALL SUB-BIDDERS, TRADE CONTRACTORS AND AWARDING AUTHORITIES

A COMPLETED AND SIGNED SUB-BIDDER UPDATE STATEMENT MUST BE SUBMITTED WITH EVERY FILED SUB-BID PURSUANT TO M.G.L. c.149, §44F AND EVERY TRADE SUB-BID PURSUANT TO M.G.L. c. 149A. ANY FILED SUB-BID OR TRADE SUB-BID SUBMITTED WITHOUT AN APPROPRIATE SUB-BIDDER UPDATE STATEMENT IS INVALID AND MUST BE REJECTED.

Caution: This form is to be used for submitting Filed Sub-Bids and Trade Sub-Bids. It is not to be used for submitting Prime/General Contract bids.

AWARDING AUTHORITIES

If the Awarding Authority determines that the sub-bidder is not competent to perform the work as specified on the project, it should reject the bid.

SUB-BIDDER’S AFFIDAVIT

I swear under the pains and penalties of perjury that I am duly authorized by the bidder named below to sign and submit this Sub-bidder Update Statement on behalf of the bidder named below, that I have read this Sub-bidder Update Statement, and that all of the information provided by the bidder in this Sub-bidder Update Statement is true, accurate, and complete as of the bid date.

Bid Date

Print Name of Sub-bidder or Trade Contractor

Project Number (or

Business Address name if no number)

Awarding Authority

Telephone Number

SIGNATURE(

Bidder’s Authorized Representative

INSTRUCTIONS

INSTRUCTIONS TO SUB-BIDDERS

· This form must be completed and submitted by all Filed Sub-Bidders bidding on projects pursuant to M.G.L. c. 149, §44F and Trade Contractors bidding on projects pursuant to M.G.L. c. 149A.

· You must give complete and accurate answers to all questions and provide all of the information requested. MAKING A MATERIALLY FALSE STATEMENT IN THIS SUB-BIDDER UPDATE STATEMENT IS GROUNDS FOR REJECTING YOUR BID AND FOR DEBARRING YOU FROM ALL PUBLIC CONTRACTING.

· This Sub-Bidder Update Statement must include all requested information that was not previously reported on the Application used for your firm’s most recently issued (not extended or amended) Sub-Bidder Certificate of Eligibility. The Sub-Bidder Update Statement must cover the entire period since the date of that Application, NOT since the date of your Certification.

· You must use this official form of Sub-bidder Update Statement. Copies of this form may be obtained from the awarding authority and from the DCAM Web Site: www.mass.gov/dcam .

· If additional space is needed, please copy the appropriate page of this Sub-bidder Update Statement and attach it as an additional sheet.

INSTRUCTIONS TO AWARDING AUTHORITIES

Determination of Sub-Bidder Qualifications

· It is the awarding authority’s responsibility to determine each responsible bidder. You must consider all of the information in the bidder’s Sub-bidder Update Statement in making this determination. Remember: this information was not available to the Division of Capital Asset Management at the time of certification.

· The sub-bidder’s performance on the projects listed in Parts 1 and 2 must be part of your review. Contact the project references.

· Awarding authorities are strongly encouraged to review the SUB-bidder’s entire certification file at the Division of Capital Asset Management. Telephone (617) 727-9320 for an appointment.

Correction of Errors and Omissions in Sub-bidder Update Statements Matters of Form: An awarding authority shall not reject a sub-bidder’s bid because there are mistakes or omissions of form in the Sub-bidder Update Statement submitted with the bid pursuant to M.G.L. c.149, §44D, provided the sub-bidder promptly corrects those mistakes or omissions upon request of the awarding authority. [810 CMR 8.13(1)].

Correction of Other Defects: An awarding authority may, in its discretion, give a sub-bidder notice of minor defects and omissions as to form in the Sub-bidder’s Update Statement and provide an opportunity to correct its Sub-bidder Update Statement. However, the sub-bidder shall not be allowed to make corrections to a Sub-bidder Update Statement if material information about the sub-bidder was omitted from the Sub-bidder Update Statement filed with the sub-bidder’s bid. The Awarding Authority shall advise DCAM of any material omissions in a Sub-bidder’s Update Statement.. [810 CMR 8.13(2)].

PART 1 - COMPLETED PROJECTS

LIST ALL PUBLIC AND PRIVATE PROJECTS OF $20,000 OR MORE THAT YOUR FIRM HAS COMPLETED SINCE THE DATE OF APPLICATION FOR YOUR MOST RECENTLY ISSUED (NOT EXTENDED OR AMENDED) SUB-BIDDER CERTIFICATE OF ELIGIBILITY*.

CATEGORY

Attach additional sheets if necessary

* If your firm has been terminated from a project prior to completion of the work or has failed or refused to complete its work under any contract, full details and an explanation must be provided. See Part 3 of this Sub-bidder Update Statement.

PROVIDE THE FOLLOWING REFERENCE INFORMATION FOR EACH COMPLETED PROJECT LISTED ON THE PREVIOUS PAGE.

DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

Is your company or any individual who owns, manages or controls your company affiliated with any owner, designer or general contractor named above, either through a business or family relationship?

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YES FORMCHECKBOX

NO

Are any of the contact persons named above affiliated with your company or any individual who owns, manages or control your company, either through a business or family relationship?

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YES FORMCHECKBOX

NO

If you have answered YES to either question, explain. _ _

PART 2 - CURRENTLY HELD CONTRACTS

LIST ALL PUBLIC AND PRIVATE PROJECTS OF $20,000 OR MORE THAT YOUR FIRM HAS UNDER CONTRACT ON THIS DATE REGARDLESS OF WHEN OR WHETHER THE WORK COMMENCED.

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(yes / no)

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PROVIDE THE FOLLOWING REFERENCE INFORMATION FOR EACH INCOMPLETE PROJECT LISTED ON THE PREVIOUS PAGE.

DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

OWNER: Owner Contact Person Telephone DESIGNER: Designer Contact Person Telephone GC: GC Contact Person Telephone

Is your company or any individual who owns, manages or controls your company affiliated with any owner, designer or general contractor named above either through a business or family relationship?

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YES FORMCHECKBOX

NO

Are any of the contact persons named above affiliated with your company or any individual who owns, manages or control your company, either through a business or family relationship?

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YES FORMCHECKBOX

NO

If you have answered YES to either question, explain. _ _

PART 3 - PROJECT PERFORMANCE

For Parts 3 and 4, if you answer YES to any question, please provide on a separate page a complete explanation. Information you provide herein must supplement the Application for your most recently issued (not extended or amended) Sub-Bidder Certificate of Eligibility. You must report all requested information not previously reported on that Application. Include all details [project name(s) and location(s), names of all parties involved, relevant dates, etc.].

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PART 4 -

Legal or Administrative Proceedings; Compliance with Laws

Please answer the following questions. Information must supplement all judicial and administrative proceedings involving bidder’s firm, which were instituted or concluded (adversely or otherwise) since your firm’s Application for your most recently issued (not extended or amended) Sub-Bidder Certificate of Eligibility. You must report all requested information not previously reported on that DCAM Application.

The term “administrative proceeding” as used in this Sub-Bidder Update Statement includes (i) any action taken or proceeding brought by a governmental agency, department or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts, or (ii) any action taken by a governmental agency, department or officer imposing penalties, fines or other sanctions for failure to comply with any such legal or contractual requirement.

The term “anyone with a financial interest in your firm” as used in this Section “I”, shall mean any person and/or entity with a 5% or greater ownership interest in the applicant’s firm.

If you answer YES to any question, on a separate page provide a complete explanation of each proceeding or action and any judgment, decision, fine or other sanction or result. Include all details (name of court or administrative agency, title of case or proceeding, case number, date action was commenced, date judgment or decision was entered, fines or penalties imposed, etc.).

1.

Have any civil, judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract, including but not limited to actions to obtain payment brought by subcontractors, suppliers or others?

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2.

Have any criminal proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to the procurement or performance of any construction contract including, but not limited to, any of the following offenses: fraud, graft, embezzlement, forgery, bribery, falsification or destruction of records, or receipt of stolen property?

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3.

Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state’s or federal procurement laws arising out of the submission of bids or proposals?

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4.

Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of M.G.L. Chapter 268A, the State Ethics Law?

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PART 4 - Legal or Administrative Proceedings; Compliance with Laws (continued)

5.

Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state or federal law regulating hours of labor, unemployment compensation, minimum wages, prevailing wages, overtime pay, equal pay, child labor or worker’s compensation?

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6.

Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a violation of any state or federal law prohibiting discrimination in employment?

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7.

Have any judicial or administrative proceedings involving your firm or a principal or officer or anyone with a financial interest in your firm been brought, concluded, or settled relating to a claim of repeated or aggravated violation of any state or federal law regulating labor relations?

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PART 5 - SUPERVISORY PERSONNEL

List all supervisory personnel who will be assigned to the project if your firm is awarded the contract. Attach the resume of each person listed below.

PART 6 - CHANGES IN BUSINESS ORGANIZATION OR FINANCIAL CONDITION

Have there been any changes in your firm’s business organization, financial condition or bonding capacity since the date your current Certificate of Eligibility was issued? FORMCHECKBOX Yes FORMCHECKBOX No

If YES, attach a separate page providing complete details.

PART 7 – LIST OF COMPLETED CONSTRUCTION PROJECTS SUBMITTED TO THE DIVISION OF CAPITAL ASSET MANAGEMENT ALONG WITH CERTIFICATION PAGE.

Attach here a copy of the list of completed construction projects which was submitted with your firm’s Application for your most recently issued (not extended or amended) Sub-Bidder Certificate of Eligibility. The Attachment must include a complete copy of the entire Section F – “Completed Projects” (Section G – “Completed Projects” for firms certified based upon their Prime/General Application), and the final page – “Certification Page”, (Section I in the Sub-bidder Application or Section J in Prime/General Application) containing the signature and date that the Completed Projects list (Section F or G) was submitted to the Division of Capital Asset Management.

Division of Capital Asset Management