Massachusetts General Laws
Chapter 149a - Public Construction Alternative Delivery Methods
Section 3 - Owner's Project Manager; Designer

Section 3. (a) Before procuring the services of a designer pursuant to subsection (b) and prior to submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure or otherwise employ the services of an owner's project manager pursuant to section 44A.5 of chapter 149. The owner's project manager may assist the public agency in the procurement of the designer.
(b) Before submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure the services of a designer for the building project. In procuring the services of a designer, the public agency shall do so in a manner consistent with sections 38A.5 to 39O, inclusive, of chapter 7. The designer procured by the public agency shall be independent of the owner's project manager and the construction management at risk firm.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXI - Labor and Industries

Chapter 149a - Public Construction Alternative Delivery Methods

Section 1 - Construction Management at Risk Delivery Method; Notice

Section 2 - Definitions Applicable to Secs. 1 to 9

Section 3 - Owner's Project Manager; Designer

Section 4 - Detailed Application; Notice to Proceed; Exempt Agencies

Section 5 - Selection Process; Bond; Prequalification Committee; Public Notice and Solicitation; Statement of Qualifications; Advertisement

Section 6 - Selection Committee; Request for Proposals; Price and Technical Components; Ranking of Proposals; Non-Fee Negotiations

Section 7 - Cost-Plus Not to Exceed Guaranteed Maximum Price Form of Contract

Section 8 - Trade Contractor Selection Process; Bond; Prequalification Committee; Public Notice and Solicitation; Advertisement; Rfq; Request for Bids; Opening of Bids; Form of Agreement

Section 10 - Applicability of Other Laws

Section 11 - Definition of Terms From Other Laws

Section 12 - Regulations and Procedures

Section 13 - Review; Report

Section 14 - Design Build Contracts

Section 15 - Further Definitions

Section 151/2 - Project Oversight; Owner's Representative; Qualifications; Procurement; Powers and Duties

Section 16 - Detailed Application for Design Build Contract; Exempt Agencies

Section 17 - Design Build Contract Selection Process

Section 18 - Design Professional; Scope of Work Statement

Section 19 - Design Build Contracts; Request for Proposals; Bid Deposit

Section 20 - Best-Value or Low-Bid Basis for Evaluation and Selection

Section 21 - Regulations and Guidelines for Design Build Contracts