Greetings from DCAMM Contractor Certification!
Ever have confusion about how to fully respond to the General Performance and Compliance with Laws questions in the application? Let’s see if we can clear up any confusion.
What to disclose?
The golden rule is when in doubt, you should disclose. It is always better to over disclose. If you fail to disclose a relevant matter and DCAMM becomes aware of it, it can cast doubt on the rest of the responses in your application. If you have multiple instances of non-disclosure, it could affect your certification.
Does the lookback period apply to your responses?
Yes. The lookback period applies to your responses. The lookback period for Prime Applications is five years. The lookback period for Filed Sub-Bidder applications is three years. All responsive matters within the applicable lookback period must be disclosed.
What about legal/administrative proceedings – do you disclose ongoing actions or concluded actions?
The answer is both. You must disclose all ongoing matters and all concluded matters within the appropriate lookback period. For concluded matters you must specifically disclose the outcome. Was it dismissed, settled or was there a judgment? The dollar amounts of all judgments and penalties must also be disclosed. All federal matters must be disclosed. Regarding state actions, you may limit your responses to actions within the New England states and New York and New Jersey.
What details should be reported?
For all relevant matters, provide a written, detailed explanation. Include the nature and basis of the claim. Where a specific project is relevant, please include the project details and the awarding authority or project owner. For legal matters/administrative proceedings, include the title of the action, name of the court or administrative agency, when the action commenced and when it concluded if applicable. All fines and judgments must be specifically disclosed.
Do you need to redisclose every year?
Yes. All relevant matters within the appropriate lookback period must be disclosed even if you have disclosed them in a previous application.
Stay tuned for the next installment...
If you have any questions do not hesitate to contact Certification at 857-204-1305 or certification.DCAMM@mass.gov.
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Reminder: Applications are due 90 days prior to expiration for the current certificate.