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; performance measures; audits
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 state buildings
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 management or to the commissioner
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 property
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 required; disqualification from future projects for providing materially false statements; continuation of design work by designer or interior designer conducting feasibility study
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 general court relating to capital facility project
SECTION 72. Annual reporting by commissioner to governor and general court