Design and Construction Contracting (MCPPO 2) Questions
With Complete Solutions
"Eligible" means: Correct Answers Able to meet all
requirements for bidders or offerers set forth in sections forty-
four A through forty-four H of this chapter and not debarred
from bidding under section forty-four C of this chapter or any
other applicable law, and who shall certify that he is able to
furnish labor that can work in harmony with all other elements
of labor employed or to be employed on the work. M.G.L. c.
149, § 44A(1).
Addenda Correct Answers It is the Attorney General's Office's
opinion that you should consider two business days as the
minimum notice required for changes to your IFB.
Additional Options: Correct Answers Chapter 30B: Local
jurisdictions that are subject to M.G.L. c. 30B have the option of
soliciting bids (not proposals) under M.G.L. c. 30B sec. 5,
instead of following the competitive requirements of M.G.L
c.30, sec. 39M, for any public works construction contract
estimated to cost no more than $50,000 and for any contract for
construction materials.
Alternates: Correct Answers Alternates may increase the scope
of work such that bidders will list an added cost ("add
alternates") or they may decrease the scope of work such as the
bidders list an amount to be subtracted from their base bids
("deduct alternates"). Whenever you use alternates, you must list
them in numerical order of their priority to you, and you must
consider them in numerical order.
,Avoiding Waivers Correct Answers A significant problem that
arises in contract administration is the unintentional
relinquishment of a contractual right through written word, oral
conversations, or a course of behavior. The owner can take
several steps to prevent this problem from arising:
Bid Deposit Requirement: Correct Answers Your IFB must
require a bid deposit in the amount of 5% of the bid
Bonding Requirements: Correct Answers Your IFB should state
that the successful bidder must furnish a payment bond in the
amount of at least 50% of the contract price. A payment bond is
a bond, obtained by the contractor from a surety company, that
guarantees payment to materials suppliers and/or subcontractors
in the event that the general contractor failed to pay the
materials suppliers and/or subcontractors. The contractor has ten
days from the date of notification of the contract award to obtain
the payment bond.
Building Construction Contracts Estimated to Cost More Than
$50,000 but not more than $150,000 Correct Answers You must
solicit competitive sealed bids by advertising the invitation for
bids (IFB) in the CR, in a newspaper of general circulation in
the locality of the project, and on Commbuys at least two weeks
prior to the deadline for submitting bids. The IFB notice must
also be posted in your jurisdiction's office at least one week
prior to the deadline. Bidders must submit a 5% bid deposits
with their bids. The bid deposit may be in the form of a certified,
treasurer's or cashier's check from a responsible bank or trust
, company payable to the awarding authority; cash; or a bid bond
from surety company.
Certain types of approvals should be reserved only for the
owner. Although the designer and/or construction manager may
recommend approval, only the owner should have final authority
to approve the following: Correct Answers -contracts
-design documents
-payments
-change orders
-claims
-substantial and final completion and
-contract terminations
Certified Payroll Records (CPRs) Correct Answers For
construction projects, all contractors and sub-contractors are
required to file certified payroll records directly with the
awarding authority on a weekly basis
-all contractors and sub-contractors must submit the records
directly to the awarding authority every week and a final
statement of compliance within fifteen days of the completion of
the contractor and/or sub-contractor's work
Construction bids are publicly opened and read at the time they
are due. Correct Answers You will determine whether the low
bidder is responsible and eligible. If the low bidder satisfies the
requirements, you make an award to the bidder. If not, you reject
the bidder and proceed to evaluate and award to the next lowest
bidder. You must award the contact to the lowest responsible
and eligible bidder.
With Complete Solutions
"Eligible" means: Correct Answers Able to meet all
requirements for bidders or offerers set forth in sections forty-
four A through forty-four H of this chapter and not debarred
from bidding under section forty-four C of this chapter or any
other applicable law, and who shall certify that he is able to
furnish labor that can work in harmony with all other elements
of labor employed or to be employed on the work. M.G.L. c.
149, § 44A(1).
Addenda Correct Answers It is the Attorney General's Office's
opinion that you should consider two business days as the
minimum notice required for changes to your IFB.
Additional Options: Correct Answers Chapter 30B: Local
jurisdictions that are subject to M.G.L. c. 30B have the option of
soliciting bids (not proposals) under M.G.L. c. 30B sec. 5,
instead of following the competitive requirements of M.G.L
c.30, sec. 39M, for any public works construction contract
estimated to cost no more than $50,000 and for any contract for
construction materials.
Alternates: Correct Answers Alternates may increase the scope
of work such that bidders will list an added cost ("add
alternates") or they may decrease the scope of work such as the
bidders list an amount to be subtracted from their base bids
("deduct alternates"). Whenever you use alternates, you must list
them in numerical order of their priority to you, and you must
consider them in numerical order.
,Avoiding Waivers Correct Answers A significant problem that
arises in contract administration is the unintentional
relinquishment of a contractual right through written word, oral
conversations, or a course of behavior. The owner can take
several steps to prevent this problem from arising:
Bid Deposit Requirement: Correct Answers Your IFB must
require a bid deposit in the amount of 5% of the bid
Bonding Requirements: Correct Answers Your IFB should state
that the successful bidder must furnish a payment bond in the
amount of at least 50% of the contract price. A payment bond is
a bond, obtained by the contractor from a surety company, that
guarantees payment to materials suppliers and/or subcontractors
in the event that the general contractor failed to pay the
materials suppliers and/or subcontractors. The contractor has ten
days from the date of notification of the contract award to obtain
the payment bond.
Building Construction Contracts Estimated to Cost More Than
$50,000 but not more than $150,000 Correct Answers You must
solicit competitive sealed bids by advertising the invitation for
bids (IFB) in the CR, in a newspaper of general circulation in
the locality of the project, and on Commbuys at least two weeks
prior to the deadline for submitting bids. The IFB notice must
also be posted in your jurisdiction's office at least one week
prior to the deadline. Bidders must submit a 5% bid deposits
with their bids. The bid deposit may be in the form of a certified,
treasurer's or cashier's check from a responsible bank or trust
, company payable to the awarding authority; cash; or a bid bond
from surety company.
Certain types of approvals should be reserved only for the
owner. Although the designer and/or construction manager may
recommend approval, only the owner should have final authority
to approve the following: Correct Answers -contracts
-design documents
-payments
-change orders
-claims
-substantial and final completion and
-contract terminations
Certified Payroll Records (CPRs) Correct Answers For
construction projects, all contractors and sub-contractors are
required to file certified payroll records directly with the
awarding authority on a weekly basis
-all contractors and sub-contractors must submit the records
directly to the awarding authority every week and a final
statement of compliance within fifteen days of the completion of
the contractor and/or sub-contractor's work
Construction bids are publicly opened and read at the time they
are due. Correct Answers You will determine whether the low
bidder is responsible and eligible. If the low bidder satisfies the
requirements, you make an award to the bidder. If not, you reject
the bidder and proceed to evaluate and award to the next lowest
bidder. You must award the contact to the lowest responsible
and eligible bidder.
