Massachusetts General Laws
Chapter 7c - Capital Asset Management and Maintenance
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 67. Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner, the secretaries of all executive offices, the director of the fiscal affairs division within the executive office for administration and finance, the state treasurer, the commissioner of revenue and the house and senate committees on ways and means. The secretaries shall submit to the commissioner of capital asset management and maintenance a report on the consistency of any public agency's plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the board of higher education, including the secretary's recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which each secretary shall give 5 days public notice prior thereto, on the secretary's analysis and recommendations as to those plans and requests. Any secretary, when requested by the commissioner, shall submit to the commissioner a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the house and senate committees on post audit and oversight, copies of all such plans, requests and reports.
The director of the bureau of programming, director of the office of project management or the director of the office of facilities management, as the commissioner directs, shall report to him as to the technical feasibility, cost, and schedule of proposed building projects; the technical, financial, and related requirements for the operation and maintenance of such buildings upon completion of the proposed projects; where relevant, the efficacy and efficiency of the proposed project in relation to current and projected available space and current and projected standards for the allocation and utilization of space; the accuracy and adequacy of any planning and design documents and any other documents prepared in relation to the stated needs, and as to any other matters which the commissioner of capital asset management and maintenance may require relative to his evaluation of such plans and requests. At the request of said commissioner of capital asset management and maintenance, the head of the public agency which administers or would administer a capital facility project, other than a building project, or consultants hired by him for that purpose, or members of said commissioner's staff shall report to him as to the technical feasibility, cost and schedule of that project; the technical, financial, and related requirements for the operation and maintenance of such facilities upon completion of the proposed projects; where relevant, the proposed project in relation to current and projected available facilities of a similar kind; the accuracy and adequacy of any planning documents, accurate summaries of design documents and any other documents prepared in relation to stated needs, and as to any other matters which said commissioner may require relative to his evaluation of such plans and requests.
The director of the fiscal affairs division within the executive office for administration and finance shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests, based on the stated and projected overall agency programs, on the agency's operating budgets for the next 5 years or for such longer period as said commissioner shall request. The commissioner of the department 1 of revenue shall report in writing to said commissioner of capital asset management and maintenance on the impact of proposed agency plans and requests on their requirements for and production of revenue for at least the next 5 years or for such longer period as said commissioner of capital asset management and maintenance shall request. The reports of the director of the fiscal affairs division within the executive office for administration and finance and the commissioner of the department of revenue shall be sent to the state treasurer. The state treasurer may, if requested by said commissioner of capital asset management and maintenance, report in writing to said commissioner on the impact of all plans and requests, separately and as a whole on the financial health of the commonwealth and make such recommendations as to the form and nature of the financing as the treasurer deems necessary.
Copies of the proposed plans and requests shall in a timely manner be submitted to each of the regional planning agencies established pursuant to chapter 40B for their review. They shall submit to said commissioner of capital asset management and maintenance a statement of their comments and recommendations, including those of cities and towns in the region which are affected by such plans and requests.
Said commissioner of capital asset management and maintenance may request such other reports from public agencies as said commissioner may deem necessary to fulfill his responsibilities for the integration and coordination of capital facility projects.

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