Amendment ID: S2188-5

Amendment 5

Ensuring Compliance with Procurement Law

Messrs. Joyce, Montigny, Barrett and Eldridge and Ms. Chang-Diaz move to amend the amendment by inserting in line 221 after the word “project” the following:-

The Authority shall submit to the inspector general of the commonwealth a proposed procurement plan for the advertising, procurement, bidding and awarding of contracts for the lease of land and construction of facilities by lessees of the authority and others to provide hotel accommodations of between twelve-hundred and fifteen-hundred additional hotel rooms within the BCEC Hotel Zone under up to a 99-year lease.  Said procurement plan shall include a two-stage procurement process comprised of a qualification stage resulting in the selection of at least three qualified proposers to participate in a second and final RFP stage.  Said plan shall set forth all requirements necessary for development entities and hotel operators to qualify for final contract award, including but not limited to project financing experience, project ownership experience, hotel operating experience, financial condition, and commitment to minority‐owned, service disabled veteran, and women‐owned business inclusion. Said plan shall provide for a second and final RFP stage requiring proposers to submit project designs and financial proposals including construction, base, and percentage rent in a manner set forth in the RFP that will allow the net present value of financial proposals to be computed and compared in a manner precisely specified in the RFP.  The procurement plan shall provide for the contract to be awarded to the proposal that offers the highest net present value as set forth in the RFP, unless a contrary award is deemed in the best interest of the taxpayers through an express written finding of the Inspector General.  The procurement plan shall include no form of public subsidy and the resultant contract shall include no form of public subsidy, excepting a below market ground rent or any incentives offered by the city of Boston, unless otherwise authorized by an act of the general court. Upon review and approval of the inspector general of the commonwealth, the Authority is authorized to utilize said procurement plan for the purposes set forth in this section for the lease of land and construction of hotel facilities.