2006 Massachusetts Code - Chapter 7 — Section 40H. Advertisements for real property; invitations to bid.

Section 40H. At least thirty 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 agency for other than a direct public use, or (2) to an individual or entity, the commissioner of capital asset management and maintenance shall advertise in the central register published by the state secretary pursuant to section twenty of chapter nine stating therein the need for or availability of such property, and inviting submission of such proposals. The advertisement shall specify the geographical area, terms and requirements of the proposed transaction, and shall state the time and place for the submission of such proposals and for the opening thereof. In advertising for the rental of real property for use as an area welfare office, the geographical area specified in the advertisement shall include all municipalities serviced by the welfare office. In case of the rental or sale of over two thousand five hundred square feet of real property, such advertisement shall also be placed at least once each week for four consecutive weeks in newspapers with a circulation sufficient to inform the people of the affected locality. The last publication shall occur at least eight days preceding the day for opening proposals.

The advertising requirement may be shortened or waived if (1) the commissioner certifies in writing that an emergency exists, a copy of such written certification shall be sent to the joint committee on state administration, provided that every reasonable effort be made to seek competitive proposals, and provided that the commissioner shall disclose his reasons for declaring the emergency in the central register at the earliest opportunity; or (2) in the case of a proposed acquisition, if the commissioner determines that such advertising will not be beneficial to the commonwealth’s interest because of the unique qualities or location of the property needed, provided that the commissioner shall set forth in writing his reasons for such determination, relating such unique requirements to the property proposed to be acquired, and that such determination and the reasons therefor shall be published in the central register not less than thirty days before any binding agreement to acquire such property is executed, together with the name of the parties having a beneficial interest in the property pursuant to section forty J, the location and size of the property, and the proposed purchase price or rental terms.

No agreement on behalf of the commonwealth for the rental of real property for the use of state agencies from an individual or entity shall be valid unless such agreement contains the following declaration, signed by the commissioner:

The undersigned certifies under penalties of perjury that I have fully complied with the advertising requirements of section 40H of chapter 7 of the General Laws in connection with the property described herein.

%Commissioner, DCPO

Date:

The commissioner shall also place notification in the central register of the individual or firm selected as party to any such real property transaction, and the amount of such transaction. In no instance in which the state retains responsibility for maintenance of the property shall the terms provide for payment of less than the maintenance costs. If the commissioner decides to dispose of the property at a price less than any of its values established pursuant to the provisions of section forty F one-half, the commissioner shall include a justification for such decision in the notice and shall disclose the difference between the calculated value and the price received.

After the execution of a rental or sale agreement completing such transaction, all proposals relating thereto shall be retained by the commissioner and shall be open to inspection by the public until the expiration of such agreement or six months from the date thereof, whichever occurs first, and may thereafter be destroyed by him.