Chapter 7C

Section 1. As used in this chapter and chapter 29, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Acquisition'', obtaining by gift, purchase, devise, grant, eminent domain, rental, rental-purchase or otherwise. ''Addition…

Section 10. In order to assist himself in the performance of his functions the commissioner of capital asset management and maintenance shall establish an advisory council on capital asset management and maintenance which shall meet at such times as the commissioner shall set, bu…

Section 11. There shall be located within the division of capital asset management and maintenance an office of programming headed by a director of programming. Said director shall be appointed by the commissioner of capital asset management and maintenance, with the prior writte…

Section 12. Except as otherwise provided in this section or by any appropriation act, the director of programming shall, in the manner and to the extent provided by this section, have control and supervision of the study and programming of all capital facility projects of state a…

Section 13. There shall be within the division of capital asset management and maintenance an office of project management headed by a director of project management. The director shall be appointed by the commissioner of capital asset management and maintenance with the approval…

Section 14. The duties and responsibilities of the director shall include, but not be limited to, the following: review and comment on all long range capital facilities development plans and capital budget requests for building projects by any state agency or building authority f…

Section 15. The contract which the director shall make with the designer appointed under the preceding section shall provide, among other appropriate terms, that the designer shall, in consultation with the using agency and subject to that agency's approval, prepare plans and spe…

Section 16. The director shall appoint, for each project under the jurisdiction of the office of project management, a project manager, who shall oversee all planning, design and construction of the project or provide appropriate assistance to others as enumerated below. No perso…

Section 17. As used in this section and sections 18 to 21, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Change order'', a written order not requiring the consent of the contractor, signed by the project manage…

Section 18. Any request for a change order shall be processed promptly, in compliance with regulations promulgated by the commissioner, and otherwise according to the requirements of section 39P of chapter 30. Requests shall be submitted to the project manager, who shall, after c…

Section 19. If any change order under section 17 causes any change in the contractor's cost of performance of any work under the contract, whether or not that work is changed by any order, either the contractor or the project manager may request an equitable adjustment in the con…

Section 2. The commissioner of capital asset management and maintenance shall be appointed by the secretary of administration and finance, with the prior written approval of the governor, and may be removed in like manner. The commissioner shall be a person of ability and experie…

Section 20. The contractor shall submit, in accordance with regulations of the commissioner, cost and pricing data to be used when negotiating adjustments for change orders or other contract modifications. Such cost and, pricing data shall be based on generally accepted accountin…

Section 21. Equitable adjustments in the contract price negotiated pursuant to section 19 or as part of a contract modification shall be made in accordance with the general principles in this section. The commissioner shall promulgate regulations designed to implement this sectio…

Section 22. There shall be assigned to every building project under the supervision of the office a resident engineer. Resident engineers may be hired as permanent employees subject to chapter 31 or as consultants exempt from said chapter 31. No person shall be employed as a resi…

Section 23. The director may, with the approval of the commissioner and the governor, accept on behalf of the commonwealth any federal funds or assistance for financing the cost of plans and specifications for any project. If such funds or assistance shall be appropriated for aid…

Section 24. There shall be located within the division of capital asset management and maintenance an office of facilities management, headed by a director of facilities management. The director shall be appointed by the commissioner, with the approval of the secretary of adminis…

Section 25. The director shall control and supervise all projects allocated to the office of facilities management by the commissioner pursuant to section 5. All of said projects shall be subject to the procedures and requirements set forth in sections 13 through 23, except that …

Section 26. The director shall recommend to the commissioner standards and guidelines applicable to maintenance and repair. Said standards and guidelines shall be complied with by state agencies and building authorities. The director shall also develop maintenance and repair stan…

Section 27. The director may, with the approval of the commissioner, initiate capital budget requests for building projects to be performed at one or more using agencies and controlled and supervised by the office of facilities management. Such projects may include, but not be li…

Section 28. As used in this section, ''using agencies'' shall mean state agencies and building authorities. The director of facilities management shall: (1) develop, in cooperation with individual state agencies and building authorities, policies, standards, programs and schedule…

Section 29. (a) The commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation of an existing facility owned or operated by the commonwealth when the renovation costs exceed $25,000 and include…

Section 3. The commissioner of capital asset management and maintenance shall advise the governor and the secretary of administration and finance on the means and methods available to coordinate capital facility project plans and programs of all public agencies and the federal go…

Section 30. The director of facilities management shall make provision, as part of development of an inventory of buildings owned or otherwise occupied by state agencies or building authorities pursuant to section 24, for evaluation of the: (i) energy consumption of; (ii) energy …

Section 31. The division of capital asset management and maintenance shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or state agency, or leased by such authority or agency for at least a 10 year period. Energy efficiency me…

Section 32. Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect t…

Section 33. For the purposes of sections 33 to 40, inclusive, the term ''emergency'' shall mean any situation caused by unforeseen circumstances which render currently used real property unusable or unavailable for the purposes intended and which creates an immediate need for oth…

Section 34. (a) When authorized by the general court to sell, rent or otherwise dispose of real property, the commissioner shall proceed in accordance with this section, provided that any action or determination required hereunder which the commissioner has undertaken within 18 m…

Section 35. The commissioner of capital asset management and maintenance shall suggest to the budget director, as part of his recommendation for the annual appropriation for space rentals provided for by section 3 of chapter 29, the maximum rate to be paid for the rental of space…

Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administ…

Section 36. At least 30 days before opening proposals for the acquisition by purchase or rental of real property for the use of state agencies from an individual or entity, or for the sale or rental of real property used by state agencies (1) to a public agency other than a state…

Section 37. At least 120 days prior to any purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property by the commonwealth on behalf of state agencies, the commissioner of capital asset management and maintenance shall notify in wri…

Section 38. No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, …

Section 39. The commissioner of capital asset management and maintenance shall establish and maintain a comprehensive inventory of the real property owned, rented or otherwise occupied by public agencies. Such inventory shall include a detailed description of the allocation, util…

Section 4. Except as otherwise provided in this section or by any other statute or appropriation, the division of capital asset management and maintenance shall exercise jurisdiction over capital facility projects to the extent provided below: (1) Control and supervision of all b…

Section 40. The commissioner of capital asset management and maintenance shall establish rules and regulations for the acquisition, utilization and disposition of real property, which shall be applicable to state agencies and which shall be recommended to counties and building au…

Section 41. No department of the commonwealth shall occupy, or make any expenditure for the maintenance of, any land, buildings or other state-owned or state-occupied facilities or other property other than that under its control or jurisdiction. No department of the commonwealth…

Section 42. The director of facilities management shall report quarterly to the house and senate committees on ways and means any lease negotiated or any agreement providing for a tenancy at will or other rental of space, and any renewal or extension thereof, which has been signe…

Section 43. Upon the receipt of the commission of notice under section 6 of chapter 38 that a site evaluation will be made to determine if skeletal remains are American Indian, the commission may designate a representative to be present when said site evaluation is made. If the s…

Section 44. (a) Sections 44 to 58, inclusive, shall: ensure that the commonwealth receives the highest quality design services for all its public building projects; provide for increased confidence in the procedures followed in the procurement of design and design related service…

Section 45. (a) There shall be located within the executive office for administration and finance a designer selection board, consisting of 11 members. Eight members shall be appointed by the governor, 3 of whom shall be registered architects, or currently unregistered but with a…

Section 46. (a) The board shall have jurisdiction over the selection of all designers, interior designers, programmers, and construction managers performing design services in connection with any building project for all public agencies within paragraphs (1), (2) and (4) of secti…

Section 47. (a) Each contract for design services for a project subject to the jurisdiction of the board shall be publicly advertised by the board in a newspaper of general circulation in the area in which the project is located or to be located, and in the central register estab…

Section 48. (a) No designer, interior designer, programmer, or construction manager may file an application for any project subject to the board's jurisdiction unless having first filed with the board a written statement containing the following information: (i) certification tha…

Section 49. (a) The board shall adopt written applicants' criteria for selection of semifinalists and finalists based upon information obtained under section 48 for each project. The criteria shall include: (i) prior similar experience; (ii) past performance on public and private…

Section 5. The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds $250,000 and involves structural or mechan…

Section 50. (a) In the selection of a designer or interior designer when the fee for design services has been set by the commissioner prior to the selection process, the commissioner shall appoint a designer or interior designer from among the list transmitted to the commissioner…

Section 51. (a) When the board has required that applicants list consultants which the applicants may employ, in no event shall a consultant be used who is debarred pursuant to section 44C of chapter 149 and any change in or addition to the consultants named in the application an…

Section 52. The commissioner may appoint a designer or interior designer to perform continued or extended services if the following conditions are met: (i) a written statement is filed with the board explaining the reasons for the continuation or extension of services; (ii) the p…

Section 53. (a) Whenever the health or safety of any persons will be endangered because of the time required for the selection of a designer, interior designer, programmer or construction manager by the procedures prescribed by sections 44 to 58, inclusive, or whenever a deadline…