963 CMR 2.12 - Designer Services

Current through Register 1466, April 1, 2022

(1) Pursuant to M.G.L c. 7, § 38C, every two years the Authority may apply for an exemption from the jurisdiction of the designer selection board of the Commonwealth of Massachusetts and the establishment of a Designer Selection Panel for the selection of designers, programmers and entities providing feasibility studies in connection with public school construction projects seeking funding from the Authority where the estimated construction cost is greater than or equal to an amount established by the Authority. The application by the Authority for exemption from the jurisdiction of the designer selection board of the Commonwealth of Massachusetts may contain a detailed description of the designer selection process and the written designer selection procedures which the Authority proposes to use. The Authority's proposed designer selection process may substantially incorporate the procedures required of the designer selection board of the Commonwealth of Massachusetts as required in M.G.L. c.7 §§ 38B through 38J and § 38M.
(2) Eligible Applicants seeking funding from the Authority for projects where the estimated construction cost is less than an amount established by the Authority, shall be conducted pursuant to M.G.L c. 7, § 38K by the respective city, town, regional school district or independent agricultural and technical school, unless otherwise determined by the Authority. In such cases, prior to executing a contract with the designer, the Eligible Applicant shall submit documentation to the Authority describing in sufficient detail the selection process utilized in procuring the designer and certifying in writing to the Authority that the Eligible Applicant used a selection process pursuant to M.G.L c.7, § 38K.
(3) The Authority shall, in its sole discretion, approve or disapprove of the appointment of the designer which approval shall not be unreasonably withheld. The Authority may maintain performance evaluation data relative to designers that have provided designer services for school projects and such performance evaluation data may be utilized in the Designer Selection process.
(4) In the event that the Eligible Applicant changes the designer during the course of the Approved Project, the Eligible Applicant shall notify the Authority in writing, 30 days prior to the effective date of any such change. The Authority shall, in its sole discretion, approve or disapprove of the change of the designer prior to said change becoming effective which approval shall not be unreasonably withheld.
(5) When contracting for designer services for an Approved Project, the Eligible Applicant shall use standard contract forms established by the Authority.
(6) The designer shall certify to the Authority, in a format and manner prescribed by the Authority, that the individual directly in charge of the project is certified in the Massachusetts Certified Public Purchasing Official Program as administered by the Inspector General of the Commonwealth of Massachusetts.

Notes

963 CMR 2.12

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