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The 193rd General Court of the Commonwealth of Massachusetts

Section 49: Selection of semifinalists and finalists; criteria for selection; disqualification of board member from participation in selection of designer or interior designer

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 projects;

(iii) financial stability;

(iv) identity and qualifications of the consultants who will work with the applicant on the project; and

(v) any other criteria that the board considers relevant for any project, including evidence of the applicant's ability to advance the commonwealth's goals under section 6.

(b) Semifinalists may be chosen for each project.

The board shall select at least 3 finalists from among all the applicants, or from the semifinalists selected under this section, and in doing so may require all the applicants or the semifinalists to:

(i) appear for an interview before the board;

(ii) present a written proposal to the board; or

(iii) participate in a design competition held by the board.

(c) The board shall transmit a list of the chosen finalists to the commissioner. No person or firm debarred pursuant to section 44C of chapter 149 or disqualified pursuant to section 47 shall be so included as a finalist. The board shall transmit to the commissioner all material made or received relating to such recommendation.

The list shall rank the finalists in order of qualification and include a record of the final vote of the board on the selection; and include a written statement explaining the board's reasons for its choice and its ranking of the finalists.

(d) The board may delegate its powers and duties under subsection (b) of section 47, subsections (c) and (d) of section 48, subsections (a) and (b) of section 50 and sections 51 and 52 to panels of less than all the board members. A panel of not less than 6 members shall be required for selection of designers and interior designers under this section, 4 of whom shall be architects or engineers, including at least 1 architect and 1 engineer on that panel.

(e) For the purposes of chapter 268A and subject to the penalties therein, no member of the board shall participate in the selection of a designer or interior designer as a finalist or semifinalist for any project if the member or any member of his immediate family:

(i) has a direct or indirect financial interest in the award of the design contract to any applicant;

(ii) is currently employed by, or is a consultant to or under contract to an applicant.

(iii) is negotiating or has an arrangement concerning future employment or contracting with any applicant; or

(iv) has an ownership interest in, or is an officer or director of, any applicant.