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General Laws

Section 54. (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair estimated to exceed $100,000 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 44 to 58, inclusive, and the following requirements:

(i) section 47 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 subsection (b) of section 50;

(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) subsection (c) of section 50 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 44 to 58, 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 44 to 58, inclusive, shall apply to the board, the applicants and the public agency so requesting.

(d) Notwithstanding subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure modular buildings in accordance with section 44E of chapter 149.

(e) Notwithstanding subsection (a), a city, town, or agency, board, commission, authority or instrumentality thereof may procure energy management services in accordance with section 11C of chapter 25A and regulations promulgated thereunder.

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