Massachusetts General Laws
Chapter 7c - Capital Asset Management and Maintenance
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 9. The commissioner shall, no less often than once every 3 months, prepare a comprehensive report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance as defined by section 5 but not including those for which a city or town is the administering agency. At the discretion of the commissioner, said reports may exclude capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said report shall include, but not be limited to, a statement of the name of each project, the administering agency and the using agency, a brief current description of the project and any substantial changes in the description of the project during the past 3 months, the source of funds, the state of progress of the project, a summary of the total and major costs of the projects as originally estimated and as currently expended or currently estimated to be expended, the original project schedule and the current and estimated progress of the project, and such other information as the commissioner may require be included. Said report shall be submitted to the secretary of administration and finance and the clerks of the house of representatives and the senate and shall be a public document.
The commissioner of capital asset management and maintenance shall by February 15 of each year prepare a comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division of capital asset management and maintenance defined by section 4. At the discretion of the commissioner, said annual report need not include capital facility projects with a total project cost of less than $25,000 for which the administering agency is other than a state agency. Said annual report shall constitute 1 of the 4 reports required by the previous paragraph of this section but shall contain in addition to the information required in the previous paragraph for each capital facility project, the following data: the authorizations for and sources of funds and expenditure and unencumbered balances thereof; identification of the designers and contractors who have contracted with the administering agency to provide materials or services therefor, the administering agency's project and contract numbers, the value of the contracts and the amount of money paid in accordance with the contracts; and such other information as the commissioner may require be included. The commissioner shall also include in said report a statement of the problems which have arisen in the capital facility procurement programs and procedures of public agencies and specific recommendations for administrative and legislative action which are necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance and the general court and shall be a public document available for general distribution.
The commissioner shall by February 15 of each year prepare a comprehensive report including, but not limited to, an analysis of the utilization, cost and method of acquisition of real property acquired for the use of state agencies; the sale or rental of such real property and revenue realized therefrom; and problems which have arisen in the management of real property by the commonwealth, with specific recommendations for administrative and legislative action necessary to remedy such problems. Said report shall be submitted to the secretary of administration and finance, the joint committee on state administration and regulatory oversight and the general court and shall be a public document available for general distribution.
The commissioner shall develop and annually revise a proposed capital repair and maintenance plan for state buildings subject to the jurisdiction of the division of capital asset management and maintenance. The plan shall be based upon repair and maintenance schedules formulated for each building and group of buildings by the director of facilities management in accordance with sections 24, 26, and 28. In addition to developing capital repair and maintenance schedules for state buildings, the plan shall analyze the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation, rehabilitation, or replacement of the state buildings. The commissioner shall by February 15 of each year, submit the proposed capital repair and maintenance plan required by this paragraph to the house and senate committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight.
The commissioner shall keep an up-to-date record, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all building projects subject to the jurisdiction of the division of capital asset management and maintenance.
The commissioner shall, by February 15 of each year, prepare a report, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all capital facility projects, said report shall include narrative statements indicating why such repairs or maintenance on such projects have been or will be postponed or cancelled. A copy of said report shall be sent to the house and senate committees on ways and means, and to the chairs of the joint committee on state administration and regulatory oversight.
The governor may, include in his capital outlay budget or request, a budget narrative statement, indicating why any and all repairs or maintenance on capital facility projects of the commonwealth, have been or will be postponed or cancelled.
Upon completion of the final design of each state building project estimated to cost in excess of $5,000,000, the commissioner shall prepare an analysis detailing the maintenance costs projected annually over the useful life of the building. The commissioner shall, by February 16 of each year, prepare a report summarizing the annual maintenance costs projected for each building project described in this paragraph, for which final design was completed during the prior year. The report shall be filed with the chairs of the joint committee on state administration and regulatory oversight and the agency responsible for the operation and maintenance of the building project.
In subsequent fiscal years for which the maintenance report indicates that maintenance will be required, the agency responsible for the operation and maintenance of the building shall include the projected annual maintenance costs contained in the report in its annual budget request, provided that revisions to the maintenance costs originally projected by the commissioner shall be addressed in the agency's budget narrative.
The commissioner shall be responsible for providing state agencies with comprehensive maintenance manuals for all new building projects constructed on behalf of an agency.

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