Massachusetts General Laws
Chapter 7c - Capital Asset Management and Maintenance
Section 66 - Capital Facility Budget Request; Public Notice of Proposed Long-Range Capital Facilities Development Plan and Annual Capital Facility Budget; Content and Format

Section 66. Each public agency other than cities and towns shall prepare and submit to the commissioner, in addition to its long-range capital facilities development plan or revision thereof, an annual capital facility budget at such time as the said commissioner shall require.
In preparing both long-range capital facilities development plans, and revisions thereof, and capital facility budget requests, the agency shall provide timely public notice of such proposed plans and requests and reasonable opportunity for potential users and staff of the facilities controlled or to be controlled by the agency to comment thereon.
The long-range capital facility development plans and capital facility budget requests submitted by the agency to the division of capital asset management and maintenance shall contain a summary of those comments and a statement of the extent to which they are reflected in the proposed plans and requests.
The commissioner may provide guidelines to agencies for soliciting and reporting on such views.
The commissioner may, at his discretion, provide guidance and technical assistance to agencies without sufficient resources to prepare capital facility budget requests. He shall specify the information being sought, how it might be prepared and the form in which it is to be provided.
The commissioner shall provide for a format and content of long-range capital facilities development plans and capital facility budget requests which is, to the maximum extent feasible, consistent with that provided for the operating budget by the director of the fiscal affairs division within the executive office for administration and finance.
Any public agency may include among its capital facility budget requests, ones for appropriations or authorizations for a class or classes of similar or related capital facility projects. Such request shall include a statement of (a) how the class of projects is defined; (b) the reasons for requesting appropriations or authorizations for a class of projects rather than individual projects; (c) the priorities and procedures for allocating the appropriated or authorized monies among the class of possible projects, making reference to and submitting copies of any studies, surveys, plans, analyses and other documents from which criteria for allocation are to be derived; and (d) a proposed initial allocation of the appropriated or authorized monies based on the suggested priorities, procedures and criteria.
In formulating requirements for capital facility budget requests for individual projects, the commissioner shall include at least the following: (a) a concise title description of the project; (b) the location of the project and its site in relation to any existing facilities in close proximity; (c) the estimated schedule for completion of the project including the dates upon which the design and construction of the project are estimated to be commenced and completed and the facility occupied or used; (d) a description of the project and what it involves, appending any planning documents, accurate summaries of design documents and any other documents, prepared for or pertaining to that project, if not previously submitted to the commissioner; (e) the useful life of the project before replacement would be necessary; (f) the current status of the plans and site for the project; (g) the status of utilities required for the project; (h) the relationship of the project to the long range capital facilities development plan; (i) the total project cost; (j) the effect of the proposed project on annual operating costs (including maintenance costs); (k) the proposed source of funds; and (1) an explanation of the need for the proposed project. The description of the project shall identify any and all previously approved appropriations or authorizations pertaining to the proposed or earlier phases of the project; the phase or phases approved, in progress, and completed, the estimated or final cost of each phase of the project through completion, and the sum of money permitted to be expended on the project as so approved. To assist his staff and user agencies in preparation and review of long-range plans and requests, the commissioner shall establish a file of approved appropriations and authorizations of all projects pertaining to each state-owned capital facility. The total project cost shall include at least the following items: the cost of all real estate, properties, rights and easements acquired, utility services, site development; the cost of construction and the initial furnishing thereof; all architectural and engineering and legal expenses, the cost of surveys and plans and specifications; and such other expenses as are necessary or incident to determining the feasibility or practicability of any project. The estimate of the total project cost shall be based on the assumption that the project will be undertaken and completed according to the estimated schedule. Included in the estimate shall be a statement of its accuracy. The estimate of the effect of the proposed project on annual operating costs shall be based on the estimated date of use or occupancy of the facility. In the proposal for source of funds, there shall be included a statement of what federal funds are potentially available, what efforts are necessary and have been or must be made to obtain them, or why they cannot be obtained.

Structure Massachusetts General Laws

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 2 - Commissioner of Capital Asset Management and Maintenance; Appointment; Duties and Responsibilities

Section 3 - Coordination of Capital Facility Project Plans and Programs

Section 4 - Jurisdiction of Division of Capital Asset Management and Maintenance Over Capital Facility Projects

Section 5 - Building Project Control and Supervision by Commissioner; Delegation of Project Control and Supervision to State Agency or Building Authority

Section 6 - Affirmative Marketing Program to Ensure Fair Participation of Minority-Owned and Women-Owned Businesses on Capital Facility Projects and State Assisted Building Projects

Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities

Section 8 - Duties of Commissioner Relating to the Proper Management of the Operation of the Division of Capital Asset Management and Maintenance and the Coordination of Offices Located Therein; Uniform Contract Conditions; Administrative Units; Perf...

Section 9 - Reporting on Progress of Capital Facility Projects; Analysis of Real Property Acquired for Use of State Agencies; Reporting of Projects Completed, in Process or Scheduled for the Future; Proposed Capital Repair and Maintenance Plan for St...

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 15 - Submission of Building Project Plans and Specifications to Director of Project Management for Review and Approval; Advertisement for Applications for Bids

Section 16 - Project Managers

Section 17 - Change Orders or Other Contract Modifications

Section 18 - Request for Change Order; Approval or Disapproval; Appeal

Section 19 - Equitable Adjustment in Contract Price Due to Change in Contractor's Cost of Performance Resulting From Change Order

Section 20 - Submission of Costs and Pricing Data to Be Used When Negotiating Adjustments for Change Orders or Other Contract Modifications

Section 21 - General Principles Applicable to Equitable Adjustments

Section 22 - Resident Engineers

Section 23 - Acceptance of Federal Funds or Assistance

Section 24 - Office of Facilities Management; Director of Facilities Management; Inventory of Buildings

Section 25 - Control of Supervision of Projects by the Director of Facilities Management

Section 26 - Standards and Guidelines Applicable to Maintenance and Repair; Compliance Inspections; Transfer of Supervision and Control Over Maintenance and Repair Operations From State Agency or Building Authority to the Office of Facilities Managem...

Section 27 - Building Projects Performed at One or More Using Agencies and Controlled and Supervised by the Office of Facilities Management

Section 28 - Duties and Responsibilities of Director of Facilities Management

Section 29 - Utilization of Energy Efficiency, Water Conservation or Renewable Energy Technologies in New or Renovated Facilities; Life-Cycle Cost Analysis

Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems

Section 31 - Evaluation of Potential for Increasing Energy Efficiency in Buildings Owned or Leased by an Authority or State Agency

Section 32 - Real Property Held in Name of State Agency Deemed Real Property of the Commonwealth; Exercise of Eminent Domain by the Commonwealth on Behalf of a State Agency; Delegation to State Agency of Power to Acquire, Control and Dispose of Real...

Section 33 - Duties and Powers of the Commissioner Relating to the Acquisition, Control and Disposition of Real Property

Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise

Section 35 - Rental of Premises Outside of the State House or Other Buildings Owned by the Commonwealth

Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease

Section 36 - Advertisement for Submission of Proposals for the Acquisition by Purchase or Rental of Real Property for the Use of State Agencies, or for the Sale or Rental of Real Property Used by State Agencies

Section 37 - Purchase, Sale, Rental, etc., of One or More Acres of Real Property; Notification of Public Officials of City or Town in Which Real Property Located; Hearing

Section 38 - Disclosure Statement Required for the Rental or Sale or Purchase of Real Property to or From a Public Agency

Section 39 - Inventory of Real Property Owned, Rented or Otherwise Occupied by Public Agencies; Publication and Distribution; Central Depository of Records

Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property

Section 41 - Unauthorized Occupancy, Expenditure for Maintenance or Use of Land, Buildings or Other State-Owned or State Occupied Facilities Prohibited; Penalties

Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space

Section 43 - Procedure Upon Notice of Site Evaluation to Determine Presence of American Indian Skeletal Remains

Section 44 - Purpose of Secs. 44 to 58 Relating to Procurement and Quality of Design Services; Definitions

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 48 - Written Application and Disclosure Statement Required for Designers, Interior Designers, Programmers or Construction Managers Filing an Application for Project; Designer Evaluation Form

Section 49 - Selection of Semifinalists and Finalists; Criteria for Selection; Disqualification of Board Member From Participation in Selection of Designer or Interior Designer

Section 50 - Selection of Designer or Interior Designer From List of Chosen Finalists When Fee Set or When Fee Negotiated; Statement of Fee in Contract; Withholding of Fees

Section 51 - Use of Consultants by Applicants; Truth-in-Negotiations Certificate; Special Conditions or Requirements; Other Certifications or Provisions Required for Inclusion in Every Contract for Design Services; Professional Liability Insurance Re...

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 55 - Record Keeping Requirements Applicable to Board and Agencies Not Subject to Board Jurisdiction

Section 56 - Reporting of List of All Finalists and Awards to Division of Capital Asset Management and Maintenance

Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58

Section 58 - Procurement of Architectural, Engineering and Related Services; Definitions Applicable to This Section

Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services

Section 60 - Certification That Design Work Comports With Appropriation, Authorization or Project Cost Limits and Any Study or Program

Section 61 - Certification That Construction Work Can Be Accomplished Within Appropriation or Authorization for the Project and Comports With Study or Program

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 66 - Capital Facility Budget Request; Public Notice of Proposed Long-Range Capital Facilities Development Plan and Annual Capital Facility Budget; Content and Format

Section 67 - Submission of Copies of Proposed Plans and Requests; Reporting by Secretaries of Executive Offices; Reporting by Directors of Programming, Project Management or Facilities Management

Section 68 - Review and Investigation by Commissioner in Preparation of Capital Facility Budget; Recommendations for Study or Program and Mode of Procurement; Required Statements to Be Included in Budget Request

Section 69 - Design and Construction Contingency Reserve Account

Section 70 - Emergency Repair Reserve Account

Section 71 - Review and Study by Commissioner of All Requests and Recommendations for Appropriations or Authorizations for Expenditures Pertaining to Capital Facility Projects; Review by Commissioner of Petition, Motion or Amendment Introduced by Gen...

Section 72 - Annual Reporting by Commissioner to Governor and General Court