963 CMR 2.15 - Payment Requirements and Procedures

Current through Register 1466, April 1, 2022

(1) All Total Facilities Grants shall be paid by the Authority in accordance with M.G.L. c. 70B, 963 CMR 2.00, the Progress Payment Guidelines, the MSBA Audit Guidelines, the Project Funding Agreement, and any other policies or guidelines of the Authority.
(2) The Authority shall not make payment of a Total Facilities Grant or any portion of a Total Facilities Grant for an Approved Project before the Project Funding Agreement has been properly executed as determined by the Authority.
(3) The Authority shall only make payment of a Total Facilities Grant for eligible costs, which shall be the final approved costs of the Approved Project as determined by the Authority. The eligibility of any costs shall be determined in each instance by the Authority.
(4) During construction of an Approved Project, staff of the Authority may visit the construction site to assess whether the Approved Project is being built as approved. Staff of the Authority may review the monthly construction progress reports received pursuant to the Project Funding Agreement.
(5) Proposed change orders shall be reviewed by the Authority and the cost any proposed change orders which are not delineated in and/or exceed the provisions of the Project Scope and Budget Agreement may be deemed ineligible by the Authority.
(6) The Authority may review and monitor the completed facility, in operation, to assess whether the Approved Project has been maintained and operated as delivered.
(7) When contracting with vendors, designers, Owner's Project Managers, contractors and subcontractors, the Eligible Applicant shall use standard contracts developed by the Authority. In any instance where a standard contract for a contractor or subcontractor has not been developed by the Authority, the Authority shall approve the contract to be used by the Eligible Applicant prior to execution. Violations of the provisions of standard contracts and/or the Project Funding Agreement may result in the Authority rescinding approval and/or the Authority recapturing all or a portion of the Total Facilities Grant, discontinuance of payments to the Eligible Applicant or the Authority may seek to recover any payments that the Authority may have already made to the Eligible Applicant for any project for which the Authority is making payments to the Eligible Applicant.
(8) All construction contracts shall be in conformity with applicable laws and regulations related to minority hiring. Every Authority-assisted contract for a project including sub-contracts shall include the Commonwealth's Supplemental Equal Employment Opportunity/AntiDiscrimination and Affirmative Action Program as part of the contract.
(9) Compliance with and enforcement of all safety and building code provisions, shall be the responsibility of the Eligible Applicant.
(10) Every contractor and subcontractor working under the terms of any contract for construction on an Approved Project shall comply with applicable provisions of federal, state and local law and regulations.
(11) Every contractor and subcontractor working under the terms of any contract for construction on an Approved Project shall file weekly payroll records with the Eligible Applicant in the form described in M.G.L. c. 149, § 27B. The Eligible Applicant shall withhold payment for any construction work performed on an Approved Project for as long as the payroll records for the work performed are not filed with the Eligible Applicant.
(12) Each Eligible Applicant shall submit the contractor and designer evaluations to the Division of Capital Asset Management and Maintenance and the Authority in a form, manner and timeline prescribed in M.G.L. c. 149, § 44D and M.G.L. c. 7, § 38E.


963 CMR 2.15

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