2006 Massachusetts Code - Chapter 7 — Section 38K. Contracts exceeding $100,000; selection procedure; compliance; exeptions.

[ Introductory clause of subsection (a) effective until June 24, 2006. For text effective June 24, 2006, see below.]

  Section 38K. (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair estimated to exceed one hundred thousand dollars by any city, town, or agency, board, commission, authority or instrumentality thereof, other than housing authorities shall be awarded only after a selection procedure adopted in writing, prior to publication requesting applications, complying with the purposes and intent of sections thirty-eight A 1/2 to thirty-eight O, inclusive, and the following requirements:

[ Introductory clause of subsection (a) as amended by 2006, 122, Sec. 6 effective June 24, 2006. For text effective until June 24, 2006, see above.]

  (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair estimated to exceed one hundred thousand dollars by any city, town, or agency, board, commission, authority or instrumentality thereof, other than housing authorities and projects requesting funding from the Massachusetts School Building Authority shall be awarded only after a selection procedure adopted in writing, prior to publication requesting applications, complying with the purposes and intent of sections thirty-eight A 1/2 to thirty-eight O, inclusive, and the following requirements:

  (i) the provisions of section thirty-eight D regarding public notice;

  (ii) the establishment of uniform requirements of information to be submitted by all applicants, a uniform procedure for the evaluation of all applications to a group of not fewer than 3 finalists, the opportunity to be afforded equally to all finalists to provide additional information to or appear before the selection body, and a procedure for the submission of a fee proposal and the negotiation of fees between the awarding authority and the selected applicant with whom the fee is being negotiated consistent with the provisions of subsection (b) of section 38G;

  (iii) that a written explanation of the reasons for selection including the recorded vote if any was taken be made public and accompany the notification of award in the awarding authority's records;

  (iv) the provisions of paragraph (c) of section thirty-eight G regarding the designation of fees in the contract;

  (v) that nothing in this section shall be interpreted to require the establishment of a board or to waive or reduce the requirements of any other applicable law or regulation.

  (b) The board shall publish guidelines to assist public agencies not within the board's jurisdiction in the establishment of a professional and objective designer selection procedure, including a model application form, consistent with the provisions and intent of sections thirty-eight A1/2 to thirty-eight O, inclusive. The board shall publish a standard designer selection form which shall be used by all cities, towns and public agencies not within the board's jurisdiction; but, before publishing the standard form, the board shall seek input from the cities, towns and other public agencies not within the board's jurisdiction. Any fee guidelines promulgated by the board shall be accompanied by a recommended basic scope of designer's services that shall reflect the work associated with the fee guidelines. From time to time, and no less frequently than every 3 years, the board shall review and revise the fee schedule based upon prevailing costs at the time of such review and revision.

  (c) Any city, town or other public agency not otherwise subject to the jurisdiction of the board may request the board to exercise jurisdiction regarding the selection of applicants to perform design services for a specified period of time or for a specified project. In such cases, all provisions of sections thirty-eight A1/2 to thirty-eight O, inclusive, shall apply to the board, the applicants and the public agency so requesting.

  (d) Notwithstanding the provisions of subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure modular buildings in accordance with section forty-four E of chapter one hundred and forty-nine.

  (e) Notwithstanding the provisions of subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure energy management services in accordance with section eleven C of chapter twenty-five A and regulations promulgated thereunder.