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General Laws

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 for purpose of assisting in the development of schedules, cost estimates and projections; review of said plans and requests for technical feasibility; where appropriate, recommendation that a study or program be conducted; and recommendation to the commissioner of methods which might be used for the design and construction of new facilities or major additions to existing facilities.

The methods recommended shall include the latest developments in construction as well as standard methods, for the purpose of insuring quality, timeliness and economy of construction, such techniques to include but not be limited to construction management, fast-tracked or phased construction, turnkey procurement and design and build procurement. The director shall also recommend to the commissioner the method for procuring design and construction services when an alternative construction method is recommended; such recommendation shall be in writing and contain the reasons for not complying with the standard selection and bidding laws provided that the legislature shall approve the method for procuring design or construction services for such project and provided that such procurement method shall comply with the policies and procedures of sections 44A to 44M, inclusive, of chapter 149, to the extent feasible.

The director shall develop guidelines regarding the types of projects that would most benefit from use of alternative construction methods and shall periodically evaluate their effectiveness.

The director, if otherwise permitted by statute or appropriation, may use a phased contracting procedure, provided that the contracts awarded can be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) in accordance with (i) any study or program which must be prepared under section 59 or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith.

If the director considers it in the best interests of the commonwealth the director may employ, in addition to the standard architectural and professional contractors, quantity surveyors, network scheduling consultants and cost estimators.

The director shall recommend to the commissioner standards for conducting studies, programs and designs; for real property acquisition in anticipation of construction, including the kind and extent of testing required; for contractor selection; and for project evaluation. The director may recommend to the commissioner such additional standards and guidelines as the director shall deem necessary or desirable to expedite the work of the office.

The director shall hire such project managers, cost estimators, and architectural, engineering, and technical personnel as the director deems appropriate to: (a) estimate and review project costs and schedules; (b) monitor design and construction standards; (c) perform design services; (d) review project designs to ensure that they meet the standards established for all projects; (e) provide technical assistance to using agencies; and (f) administer and supervise design and construction contracts.

The director shall recommend to the commissioner standards and procedures to be followed by project managers in overseeing individual construction projects, including standards and procedures for scheduling of the performance of particular aspects of projects; forms to be used in reporting and processing of information regarding change orders and price adjustments, periodic payment, and other payments pursuant to approved progress schedules; and all other standards and procedures necessary to the efficient administration and oversight of individual construction projects, or required by statute or regulation.

The director shall recommend to the commissioner standards for internal audits to be performed on individual projects. Such audits shall be performed at the direction of the director when the director has determined that an individual change order is so large, or a series of change orders cumulatively are so substantial, that the project should be reviewed, or when the director has determined that there have been significant individual or cumulative delays in progress on the project, or at such times as the director deems necessary. Whenever a change order is approved the director shall state in writing the reasons for not requesting an audit.

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