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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 7C CAPITAL ASSET MANAGEMENT AND MAINTENANCE
  • Section 59 Study or program required prior to contracting for design or construction services

Section 59. Every appropriation or authorization for the design or construction of a building project for which a state agency is the using agency shall be deemed to require the satisfactory completion of a study or program before any services for the design or construction of such 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 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 and until: (a) said study, program or where appropriate, both, have been satisfactorily completed; (b) the using agency certifies in writing to the commissioner of capital asset management and maintenance that the study, program, or where appropriate both, correspond to the current needs of that agency, including its current long term capital facilities development plan; (c) the commissioner requests that one or more of the directors of the office of programming, office of project management, or office of facilities management review the study or program, or where appropriate, both, and the director or directors certify in writing to the commissioner that the study, program, or where appropriate both, reflect the using agency’s needs as stated, that they provide an accurate estimate of the project requirements, cost and schedule, that the project can be accomplished within the appropriation or authorization for that project, and recommends proceeding with design, construction, or where appropriate, both; and (d) the commissioner of capital asset management and maintenance certifies in writing to the secretary of administration and finance that the study, program, or where 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, and approves proceeding with design, construction, or where appropriate, both.

If either the director or directors whose review is requested or the commissioner of capital asset management and maintenance should fail to so certify, recommend, or approve, the commissioner shall forthwith send notice of his decision and the reasons therefor to the secretary of administration and finance and to the house and senate committees on ways and means.