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  • Acts
  • 2002
  • Chapter 28 AN ACT RELATIVE TO CERTAIN SCHOOL CONSTRUCTION PROJECTS IN THE TOWNS OF MILTON AND WINCHESTER AND THE CITIES OF BROCKTON, EVERETT, REVERE AND WALTHAM.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Notwithstanding any general or special law to the contrary, in order to implement their school building program, the towns of Milton and Winchester and the cities of Brockton, Everett, Revere and Waltham may, in addition to the prequalification requirements under section 44D of chapter 149 of the General Laws, establish and impose a requirement that only contractors and subcontractors with a worker's compensation rating bureau of 125 per cent or less shall be eligible to submit a bid or offer. A contractor or subcontractor with a modification factor of up to 135 per cent shall be eligible to submit a bid or offer, if the modification factor was caused by a single loss.

SECTION 2. The school building programs of these cities and towns shall not be subject to section 44F of chapter 149 of the General Laws except for the form of contract set forth in paragraph (c) of subsection (4) of said section 44F for a period not to exceed 2 years after the effective date of this act, and thereafter the provisions of said section 44F shall apply for any future design, construction, repair, renovation, remodeling, equipping, furnishing or any partial or complete demolition of public school facilities in the towns of Milton and Winchester and the cities of Brockton, Revere and Waltham.

SECTION 3. The towns of Milton and Winchester and the cities of Brockton, Everett, Revere and Waltham shall submit to the inspector general proposed bidding documents for the school building program before their issuance. The inspector general shall review such bidding documents to assure that the subcontracting policies and procedures set forth therein comply in purpose and intent with the comparable subcontracting policies and procedures of federal acquisition regulations applicable to construction of buildings and structures. Upon approval of the proposed bidding documents by the inspector general, the city or town may proceed with notice and advertising of the contracts. Submission of bidding documents, for the review by the inspector general under this section, and notice and advertising thereof, before the effective date of this act, shall comply with this act, if this act is effective before any contracts are awarded pursuant to those bidding documents. These cities and towns shall also submit to the inspector general for review and approval the proposed contracts with construction contractors selected in accordance with sections 44A to 44E, inclusive, and 44G to 44M, inclusive, of chapter 149 of the General Laws to assure that the contracts comply in purpose and intent with the subcontracting policies and procedures of the federal acquisition regulations applicable to buildings and structures.

SECTION 4. The inspector general shall review the process by which subcontractors were selected to work on the school building program. The review shall include, but not be limited to, the effect of section 1 on the authorized school building program; an examination of the methodology utilized by which such subcontractors were selected; the benefits, if any, of such subcontractor selection process compared to the benefits if section 44F of chapter 149 of the General Laws had been followed; and the recommendation of the inspector general to the general court concerning the continued use of exempting such school building programs by cities and towns from said section 44F. These cities and towns shall, upon the request of the inspector general, submit all documentation deemed necessary by the inspector general to complete the review. The inspector general shall prepare a report of his review and recommendation and file the same with the house and senate committees on ways and means, the house and senate committees on post audit and with the chairmen of the joint committee on state administration within 6 months of the completion of the school building program.

SECTION 5. For the purpose of this act, the words "school building program" shall mean the design, construction, repair, renovation, remodeling, equipping, furnishing or the partial or complete demolition of not more than 3 public school facilities in each of these cities and towns.

SECTION 5A. Paragraph (1) of section 39F of chapter 30 of the General Laws shall apply to all subcontracts executed in connection with any school building program undertaken under this act.

SECTION 6. This act shall take effect upon its passage.

Approved February 8, 2002.