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Public agencies must comply with certain laws, including M.G.L. c. 29, section 29F(h), which prohibits any public agency from soliciting or considering offers, bids, or proposals from, and from executing, renewing, or extending any contract with, a debarred or suspended contractor, and prohibits a contractor from directly contracting for supplies or services from a debarred or suspended subcontractor on any public contract.
Lists of debarred vendors are maintained and posted on the website of each of the state agencies with debarment powers: the Division of Capital Asset Management and Maintenance, the Department of Transportation, the Office of the Attorney General, and the Department of Industrial Accidents. The federal government has a searchable website with a list of vendors debarred on the national level. The Administration and Finance website provides a page with links to all of the above noted lists (collectively, the “Debarment Lists”) at https://www.mass.gov/debarred-suspended-or-decertified-contractors.
MassDevelopment requires all borrowers and grantees to certify to MassDevelopment that they will check the Debarment Lists and not contract with vendors listed on the Debarment Lists for costs financed by MassDevelopment. “Vendors” includes construction contractors and construction managers as well as consultants and any other individual or businesses.
For construction costs financed by MassDevelopment, borrowers and grantees must require their general contractor or construction manager (if one is or will be engaged) to certify in their construction contract with the borrower/grantee that they: (i) will check the Debarment Lists before directly engaging a subcontractor or other vendor and (ii) have not and will not contract directly with a subcontractor or other vendor listed on a Debarment List. This certification shall further provide that the general contractor or construction manager understands and acknowledges that noncompliance may result in debarment from future MassDevelopment funded projects for a period of one year from the date of written notification of noncompliance.
Prior to closing, the applicant shall provide MassDevelopment with the name of its general contractor or construction manager no less than ten working days before the project’s financial closing in the case of a privately placed bond or a direct loan or grant, and before the release of offering materials in the case of an offered bond, if a general contractor or construction manager has been selected by that time. If applicant cannot provide the required certifications at closing, MassDevelopment reserves the right not to proceed with the closing.