Section 12. Except as otherwise provided in this section or by any appropriation act, the director of programming shall, in the manner and to the extent provided by this section, have control and supervision of the study and programming of all capital facility projects of state agencies and building authorities.
The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to the commissioner's approval, all other officers and employees of said office, including such programmers, architects, engineers, landscape surveyors, cost estimators, as the director deems necessary to carry out the tasks assigned to the bureau.
The director shall:
(1) recommend to the commissioner rules and regulations, standards and guidelines for the preparation of master and other plans, studies, and programs for capital facility projects;
(2) review and make a written evaluation to the commissioner as to specific project studies, programs and other predesign documents and their consistency with long range capital facilities development plans and capital facility budget requests;
(3) upon request by using agencies, assist them in the development of specific project descriptions and proposals forming a part of those agencies' long range capital development plans and specific capital facility budget requests;
(4) upon request of using agencies, and at his discretion, develop master and other plans, perform feasibility and other studies, or prepare programs for projects for which such plans, studies, and programs are authorized by the general court to be performed;
(5) upon request by using agencies assist the staff of using agencies, and at the discretion of said director assist others providing such services to using agencies in their performance of plans, studies, or programs to assure conformity with the rules and regulations, standards and guidelines for such plans, studies, and programs;
(6) provide guidance and assistance to other bureaus and sections or units within the division in the performance of their responsibilities as they relate to completed planning stages for projects;
(7) recommend to the commissioner rules and regulations, standards for the conduct of post-occupancy evaluations of all projects for which the division of capital asset management and maintenance has performed or caused to be performed programming services, such post-occupancy evaluation to be based on the program so developed and appropriate in scope and detail to the type, cost and significance of the project being evaluated;
(8) assist the commissioner in the evaluation of projects to determine the effectiveness of prior programming, planning, and budgeting decisions; and
(9) conduct, with staff or consultants, post-occupancy evaluations for projects under the jurisdiction of the bureau of project management, the cost of which exceeds a fixed sum to be determined by the director, assume such other responsibilities as the commissioner may direct.
The director shall create a depository for plans, studies, programs, and designs for building projects prepared for any using agency subject to the jurisdiction of the division of capital asset management and maintenance under section 4 of this chapter. Each such agency shall promptly send to the director a brief identification and description of each plan, study, program, and design after its completion. The designer selection board shall promptly send to the director a brief identification and description of any designs offered to it as part of any design competition administered by the board under section 49. Upon request by the director, the user agency or board shall send to the director a copy of said plan, study, program or design.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 7c - Capital Asset Management and Maintenance
Section 1 - Definitions Applicable to This Chapter and Chapter 29
Section 3 - Coordination of Capital Facility Project Plans and Programs
Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities
Section 10 - Advisory Council on Capital Asset Management and Maintenance
Section 11 - Office of Programming; Director of Programming
Section 12 - Duties and Responsibilities of Director of Programming
Section 13 - Office of Project Management; Director of Project Management
Section 14 - Duties and Responsibilities of Director of Project Management
Section 17 - Change Orders or Other Contract Modifications
Section 18 - Request for Change Order; Approval or Disapproval; Appeal
Section 21 - General Principles Applicable to Equitable Adjustments
Section 22 - Resident Engineers
Section 23 - Acceptance of Federal Funds or Assistance
Section 25 - Control of Supervision of Projects by the Director of Facilities Management
Section 28 - Duties and Responsibilities of Director of Facilities Management
Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems
Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise
Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease
Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property
Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space
Section 45 - Designer Selection Board
Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction
Section 47 - Public Notice Requirements for Contracts for Design Services
Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services
Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation
Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services
Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58
Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services
Section 62 - Contingency Funds or Accounts
Section 63 - Capital Facility Planning Fund
Section 64 - Long-Range Capital Facilities Development Plans
Section 65 - Required Content of Long-Range Capital Facilities Development Plans
Section 69 - Design and Construction Contingency Reserve Account
Section 70 - Emergency Repair Reserve Account
Section 72 - Annual Reporting by Commissioner to Governor and General Court