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General Laws

Section 68. The commissioner of capital asset management and maintenance shall study and review all long range capital facility development plans and capital facility budget requests and reports pertaining thereto filed with him as provided by sections 64, 65, 66 and 67, and shall make such investigations as will enable him to prepare a capital facility budget for the governor. The commissioner shall include in such budget an integrated and comprehensive long range capital facilities development plan and capital facility budget request and such other recommendations as the governor shall determine upon. The capital facility budget shall embody all plans, estimates, requests, and recommendations submitted to the commissioner under said sections 64, 65, 66 and 67. The capital facility budget shall be classified and designated to present at least the same kind and quality of information as are required of plans and requests by said sections 64, 65, 66 and 67. The commissioner shall include an evaluation of the proposed plan and budget request in terms of the capital facilities planning policy statement and any revisions thereof the commissioner proposes.

The governor in his capital facility budget and the commissioner of capital asset management and maintenance, in his recommendation to the governor of a capital facility budget, shall include in such requests for each building project contained therein, for which the using agency is a state agency, a recommendation as to the need for and where appropriate, a request for, a study and program as a prerequisite to contracting for, performance of, or allotment or expenditure of funds for any design or construction-related activities. If a study or program is not recommended the governor and commissioner shall include the reasons therefor. They shall also include a recommendation as to the mode of procurement of such facility, including but not limited to, sequential, construction management, turnkey, design/build procurement, and the phasing of such procurement, including but not limited to approval of design and construction stages as separate or combined phases, which will most efficiently, economically and best serve the interests of the commonwealth. When an alternative mode of procurement is recommended, the governor and commissioner shall also recommend the method by which design and construction services shall be procured for such project, provided that such method shall be compatible with the policies and procedures for the selection of designers in sections 44 to 58, inclusive, and with the policies and procedures for the selection of contractors in sections 44A to 44M, inclusive, of chapter 149, to the extent feasible. If the governor or the commissioner should recommend a mode of procurement other than the sequential mode or a phasing of procurement other than approval of design and construction as a combined phase, each shall state in detail the reasons therefor.

Furthermore, their requests shall contain a statement as to the expected useful life of the facility from the date of construction, renovation, acquisition, or other procurement; a statement of the proposed source of funds; where relevant, a recommendation as to the form and scheduling of financing of said project; and a recommendation as to the date upon which the authorization for the expenditure of the funds should expire. If the governor or the commissioner of capital asset management and maintenance should recommend a means and form of financing of the project such that the term of repayment exceed the expected useful life of the project, the governor and commissioner shall state in detail the reasons therefor. The governor and the commissioner shall transmit therewith a statement showing the total indebtedness proposed to be incurred for each capital facility project and the fund to be charged therefor, and the total cost of financing said project according to the recommended form and scheduling of such financing. The governor and the commissioner shall also transmit therewith a statement relative to the condition of the state debt, including an analysis of the impact of the proposed capital facility budget, including the long range capital facilities plan, on the financial health of the commonwealth. Such statement shall, where appropriate, include reference to the impact of obligations of public agencies which are guaranteed by or are contingent liabilities of the commonwealth.

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