Massachusetts · statute · Mass. Gen. Laws ch. 149A · 20 active provisions
Section 1. For each contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building estimated to cost not less than $5,000,000, a public agency, as defined pursuant to section 44A of chapter 149, may elect to use the construction management at risk delivery method, pursuan…
Section 2. As used in sections 1 to 9, inclusive, the following words shall have the following meanings unless indicated otherwise or unless the context in which they are used clearly requires a different meaning:— ''Building project'', the construction, reconstruction, installation, demolition, maintenance or repair o…
Section 3. (a) Before procuring the services of a designer pursuant to subsection (b) and prior to submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure or otherwise employ the services of an owner's project manager pursuant to sectio…
Section 4. (a) Before undertaking a building project using construction management at-risk services, a public agency shall notify and submit a detailed application to proceed to the office of the inspector general. The detailed application shall conform to regulations and procedures promulgated by the inspector general…
Section 5. (a) The public agency shall utilize a 2–phase selection process as provided in subsection (c) of this section and sections 6 to 7, inclusive, for the selection of a construction management at risk firm with whom to enter into a contract to provide construction management at risk services. Each contract betwe…
Section 6. (a) Before issuing a request for proposals, hereinafter referred to as RFP, the public agency shall establish a selection committee for the purpose of reviewing and evaluating responses submitted to the RFP issued pursuant to subsection (b). The selection committee shall be comprised of 1 representative of t…
Section 7. (a) Each contract for a building project procured pursuant to sections 1 to 9, inclusive, shall utilize a cost-plus not to exceed guaranteed maximum price form of contract in which the public agency shall be entitled to monitor and audit all project costs. The construction management at risk firm shall not b…
Section 8. (a) For each building project procured pursuant to sections 1 to 9, inclusive, the public agency shall establish a trade contractor selection process for all sub-bid classes of work listed in section 44F of chapter 149 and all other sub-bid classes of work selected by the public agency for the project, provi…
Section 10. Sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C, and 34A of chapter 149, and sections 39F, 39J, 39K, 39N, 39O, 39P and 39R of chapter 30 shall apply to all building projects using the construction management at risk delivery method as provided in this chapter.
Section 11. For purposes of sections 1 to 10, inclusive of this chapter, the following terms as they may appear in other statutory provisions referred to in this chapter shall have the following meanings: ''Awarding authority'', ''contracting authority'', ''contracting body'', or ''public body'', a public agency. ''Gen…
Section 12. The inspector general shall promulgate regulations and procedures to implement sections 1 to 11, inclusive. In preparing the regulations and procedures, the inspector general shall, at a minimum, consult with the Associated General Contractors, the Associated Subcontractors of Massachusetts, the Boston Soci…
Section 13. Not later than 5 years after the effective date of this chapter, the inspector general shall undertake and complete a review for the purpose of describing the experience of public agencies that utilized construction manager at risk services. The review shall serve as the basis for a report to be submitted b…
Section 14. Notwithstanding section 39M of chapter 30, for each contract for the construction, reconstruction, alteration, remodeling or repair of a public works project by an awarding authority and estimated by the awarding authority to cost not less than $5,000,000, the awarding authority may utilize design build for…
Section 15. As used in sections 1 to 8, inclusive, the following words shall, unless the context indicates otherwise, have the following meanings: ''Best value'', the highest overall value to the awarding authority, considering quality and cost. ''Awarding authority'', the commonwealth, or any political subdivision, de…
Section 16. (a) Before undertaking a public works project using design build, an awarding authority shall notify and submit a detailed application to proceed to the office of the inspector general. The detailed application shall conform to regulations and procedures promulgated by the inspector general and as may be am…
Section 17. The awarding authority shall utilize a 2 phase selection process as provided in this section, and sections 18 and 19, for the selection of a design build entity with whom to enter into a design build contract for the delivery of a public works project. (a) Phase 1 of the 2 phase selection process shall begi…
Section 18. Before issuing an RFQ pursuant to section 17, the awarding authority shall contract for the duration of the 2 phase selection process with a design professional to provide technical advice and professional expertise to the awarding authority; but, in retaining the services of a design professional the award…
Section 19. The awarding authority shall issue an RFP to each design build entity that has been prequalified to receive an RFP pursuant to section 17. In addition to identifying the date by which the RFP is to be submitted to the awarding authority, the following requirements shall apply to an RFP issued pursuant to th…
Section 20. Pursuant to this section the awarding authority may evaluate and select proposals on either a best-value or low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the awarding authority, then the basis of award shall be bes…
Section 21. The inspector general shall promulgate regulations and guidelines to implement sections 14 to 20, inclusive. In preparing said regulations and guidelines, the inspector general shall, at a minimum, consult with the Construction Industries of Massachusetts, the American Council of Engineering Companies, the…