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The 191st General Court of the Commonwealth of Massachusetts

Section 59: Study or program required prior to contracting for design or construction services

Section 59. As used in this section ''schematic design'' shall, unless the context clearly requires otherwise, mean a basic and preliminary revision, development and implementation of the study or program parameters, or both the study and program parameters, and a further, but preliminary, investigation of the construction details, mechanical system, code issues, construction schedule, site utilities and cost estimate, including preliminary designs and design premises upon which the design scheme is based.

An appropriation or authorization for the design or construction of a building project, beyond schematic design, for which a state agency is the using agency shall require the satisfactory completion of a study or program through schematic design before any services for the design or construction of the project may be contracted for, performed by contract or otherwise, or funds allotted, encumbered or expended therefor, unless such appropriation or authorization specifically states that no such study or program need or shall be done.

No provider of design services for any building project for which a state agency is the using agency shall be selected by the designer selection board or by the administering agency and no design services shall be performed beyond schematic design for or by such administering agency for any building project for which the satisfactory completion of a study program is required prior to the design or construction of that project unless: (i) the study or program or, if appropriate, both have been satisfactorily completed through schematic design; (ii) the using agency certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both, correspond to the current needs of that agency, including its current long-term capital facilities development plan; (iii) the commissioner requests that the director of programming, the director of project management or the director of facilities management review the study or program, including schematic design or, if appropriate, both and the director certifies in writing to the commissioner that the study or program, including schematic design or, if appropriate, both reflects the using agency's needs as stated, that they provide an accurate estimate of the project requirements, cost and schedule and that the project can be accomplished within the appropriation or authorization for that project and recommends proceeding with design, construction or, if appropriate, both; and (iv) the commissioner: (1) certifies in writing to the secretary of administration and finance that the study or program, including schematic design or, if appropriate, both are in conformity with the scope and purpose of the appropriation or authorization for the project and legislative intent in regard to long-range capital facility plans for the using agency; (2) approves proceeding with regard to long-range capital facility plans for the using agency; and (3) approves proceeding with design, construction or, if appropriate, both.

If the director whose review is requested or the commissioner fail to certify, recommend or approve, the commissioner shall immediately send notice of the commissioner's decision and the reasons for the decision to the secretary of administration and finance and to the house and senate committees on ways and means.