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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXI LABOR AND INDUSTRIES
  • CHAPTER 149A PUBLIC CONSTRUCTION ALTERNATIVE DELIVERY METHODS
  • Section 15 Further definitions

Section 15. As used in sections 1 to 8, inclusive, the following words shall, unless the context indicates otherwise, have the following meanings:

“Best value”, the highest overall value to the awarding authority, considering quality and cost.

“Awarding authority”, the commonwealth, or any political subdivision, department, agency, board, commission, authority, or other instrumentality thereof, or any county, city, town, or district.

“Building project”, the construction, reconstruction, installation, demolition, maintenance or repair of any building.

“Design build”, a construction delivery system that provides responsibility for the delivery of design services and construction services within a single contract.

“Design build contract”, a contract for a public works project between an awarding authority and a design build entity to furnish design build services.

“Design build entity”, an individual, sole proprietorship, firm, partnership, joint venture, corporation, or other entity that provides design build services.

“Design professional”, shall have the same meaning as “designer” as defined in section 38A 1/2 of chapter 7.

“Governing body”, the person or group of persons who have the power to enter into and approve of a contract between an awarding authority and a design build entity.

“Major participant”, a private entity that would have a major role in the design or construction of the project as a member of the design build entity.

“Proposal”, an offer by the proposer in accordance with all RFP provisions for the price contained in the proposal.

“Public works project”, a project subject to section 39M of chapter 30 or section 34 of chapter 90; but, the term “public works project” shall not include a building project.

“Quality”, the basis on which the awarding authority shall evaluate the elements of the project that the awarding authority determines are most important to the project. The elements may include quality of design, innovative approach, constructability, life-cycle cost and other long-term maintenance costs, maintenance of traffic, aesthetics, environmental impacts, local impacts, traveler and other user costs, service life, time to construct and other factors that the awarding authority considers to be in the best interest of the awarding authority.

“Request for proposal”, or “RFP”, the document issued by an awarding authority to solicit proposals from pre-qualified design build entities for the purpose of entering into a design build contract.

“Request for qualifications”, or “RFQ”, the document issued by an awarding authority for the purpose of creating a short list of qualified design build entities to respond to an RFP issued by said awarding authority.

“Responsible proposer”, a person, corporation, or other organization or entity which has the capability to perform the requirements of the design build contract, has the integrity and reliability to assure good faith performance, and meets the qualifications component of the RFP.

“Selection committee”, the committee established by the awarding authority that shall review proposals and recommend selection of best-value or low-bid proposals.

“Two-phase selection process”, a procurement process in which the first phase consists of creating a short list of qualified design build entities as determined by responses to an RFQ and in which the second phase consists of the submission of technical and price proposals in response to an RFP.