General Laws of Massachusetts - Chapter 7C Capital Asset Management and Maintenance

• Massachusetts General Laws - Definitions applicable to this chapter and chapter 29 - Chapter 7C, Section 1
  As used in this chapter and chapter 29, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Acquisition”, obtaining by...
• Massachusetts General Laws - Commissioner of capital asset management and maintenance; appointment; duties and responsibilities - Chapter 7C, Section 2
  The commissioner of capital asset management and maintenance shall be appointed by the secretary of administration and finance, with the prior written approval of the...
• Massachusetts General Laws - Coordination of capital facility project plans and programs - Chapter 7C, Section 3
  The commissioner of capital asset management and maintenance shall advise the governor and the secretary of administration and finance on the means and methods available...
• Massachusetts General Laws - Jurisdiction of division of capital asset management and maintenance over capital facility projects - Chapter 7C, Section 4
  Except as otherwise provided in this section or by any other statute or appropriation, the division of capital asset management and maintenance shall exercise jurisdiction...
• Massachusetts General Laws - Building project control and supervision by commissioner; delegation of project control and supervision to state agency or building authority - Chapter 7C, Section 5
  The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a...
• Massachusetts General Laws - Affirmative marketing program to ensure fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects - Chapter 7C, Section 6
  (a) The general court finds that: (1) the Massachusetts commission against discrimination conducted hearings and investigations which documented a history of discrimination against minorities and...
• Massachusetts General Laws - Court facilities acquisition, control, disposition, etc.; director of court facilities - Chapter 7C, Section 7
  Except as otherwise provided in section 3 of chapter 211, the commissioner of capital asset management and maintenance shall: (1) be responsible for the acquisition,...
• Massachusetts General Laws - 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 - Chapter 7C, Section 8
  The commissioner of capital asset management and maintenance shall: (1) develop and operate automated management and information systems and provide data processing services; (2) develop...
• Massachusetts General Laws - 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 - Chapter 7C, 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...
• Massachusetts General Laws - Advisory council on capital asset management and maintenance - Chapter 7C, Section 10
  In order to assist himself in the performance of his functions the commissioner of capital asset management and maintenance shall establish an advisory council on...
• Massachusetts General Laws - Office of programming; director of programming - Chapter 7C, Section 11
  There shall be located within the division of capital asset management and maintenance an office of programming headed by a director of programming. Said director...
• Massachusetts General Laws - Duties and responsibilities of director of programming - Chapter 7C, Section 12
  Except as otherwise provided in this section or by any appropriation act, the director of programming shall, in the manner and to the extent provided...
• Massachusetts General Laws - Office of project management; director of project management - Chapter 7C, Section 13
  There shall be within the division of capital asset management and maintenance an office of project management headed by a director of project management. The...
• Massachusetts General Laws - Duties and responsibilities of director of project management - Chapter 7C, Section 14
  The duties and responsibilities of the director shall include, but not be limited to, the following: review and comment on all long range capital facilities...
• Massachusetts General Laws - Submission of building project plans and specifications to director of project management for review and approval; advertisement for applications for bids - Chapter 7C, Section 15
  The contract which the director shall make with the designer appointed under the preceding section shall provide, among other appropriate terms, that the designer shall,...
• Massachusetts General Laws - Project managers - Chapter 7C, Section 16
  The director shall appoint, for each project under the jurisdiction of the office of project management, a project manager, who shall oversee all planning, design...
• Massachusetts General Laws - Change orders or other contract modifications - Chapter 7C, Section 17
  As used in this section and sections 18 to 21, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:...
• Massachusetts General Laws - Request for change order; approval or disapproval; appeal - Chapter 7C, Section 18
  Any request for a change order shall be processed promptly, in compliance with regulations promulgated by the commissioner, and otherwise according to the requirements of...
• Massachusetts General Laws - Equitable adjustment in contract price due to change in contractor’s cost of performance resulting from change order - Chapter 7C, Section 19
  If any change order under section 17 causes any change in the contractor’s cost of performance of any work under the contract, whether or not...
• Massachusetts General Laws - Submission of costs and pricing data to be used when negotiating adjustments for change orders or other contract modifications - Chapter 7C, Section 20
  The contractor shall submit, in accordance with regulations of the commissioner, cost and pricing data to be used when negotiating adjustments for change orders or...
• Massachusetts General Laws - General principles applicable to equitable adjustments - Chapter 7C, Section 21
  Equitable adjustments in the contract price negotiated pursuant to section 19 or as part of a contract modification shall be made in accordance with the...
• Massachusetts General Laws - Resident engineers - Chapter 7C, Section 22
  There shall be assigned to every building project under the supervision of the office a resident engineer. Resident engineers may be hired as permanent employees...
• Massachusetts General Laws - Acceptance of federal funds or assistance - Chapter 7C, Section 23
  The director may, with the approval of the commissioner and the governor, accept on behalf of the commonwealth any federal funds or assistance for financing...
• Massachusetts General Laws - Office of facilities management; director of facilities management; inventory of buildings - Chapter 7C, Section 24
  There shall be located within the division of capital asset management and maintenance an office of facilities management, headed by a director of facilities management....
• Massachusetts General Laws - Control of supervision of projects by the director of facilities management - Chapter 7C, Section 25
  The director shall control and supervise all projects allocated to the office of facilities management by the commissioner pursuant to section 5. All of said...
• Massachusetts General Laws - 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 - Chapter 7C, Section 26
  The director shall recommend to the commissioner standards and guidelines applicable to maintenance and repair. Said standards and guidelines shall be complied with by state...
• Massachusetts General Laws - Building projects performed at one or more using agencies and controlled and supervised by the office of facilities management - Chapter 7C, Section 27
  The director may, with the approval of the commissioner, initiate capital budget requests for building projects to be performed at one or more using agencies...
• Massachusetts General Laws - Duties and responsibilities of director of facilities management - Chapter 7C, Section 28
  As used in this section, “using agencies” shall mean state agencies and building authorities. The director of facilities management shall: (1) develop, in cooperation with...
• Massachusetts General Laws - Utilization of energy efficiency, water conservation or renewable energy technologies in new or renovated facilities; life-cycle cost analysis - Chapter 7C, Section 29
  (a) The commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation...
• Massachusetts General Laws - Evaluation of energy consumption of buildings and their major energy using systems - Chapter 7C, Section 30
  The director of facilities management shall make provision, as part of development of an inventory of buildings owned or otherwise occupied by state agencies or...
• Massachusetts General Laws - Evaluation of potential for increasing energy efficiency in buildings owned or leased by an authority or state agency - Chapter 7C, Section 31
  The division of capital asset management and maintenance shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or...
• Massachusetts General Laws - Real property held in name of state agency deemed real property of the commonwealth; exercise of eminent domain by the commonwealth of behalf of a state agency; delegation to state agency of power to acquire, control and dispose of real property - Chapter 7C, Section 32
  Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or...
• Massachusetts General Laws - Duties and powers of the commissioner relating to the acquisition, control and disposition of real property - Chapter 7C, Section 33
  For the purposes of sections 33 to 40, inclusive, the term “emergency” shall mean any situation caused by unforeseen circumstances which render currently used real...
• Massachusetts General Laws - Procedure for the disposition of real property by sale, rental or otherwise - Chapter 7C, Section 34
  (a) When authorized by the general court to sell, rent or otherwise dispose of real property, the commissioner shall proceed in accordance with this section,...
• Massachusetts General Laws - Rental of premises outside of the state house or other buildings owned by the commonwealth - Chapter 7C, Section 35
  The commissioner of capital asset management and maintenance shall suggest to the budget director, as part of his recommendation for the annual appropriation for space...
• Massachusetts General Laws - Termination of lease for nonappropriation or nonallotment; renegotiation of lease - Chapter 7C, Section 35A
  [ Text of section added by 2014, 165, Sec. 21 effective July 1, 2014. See 2014, 165, Sec. 291.] (a) The commissioner, after consulting with...
• Massachusetts General Laws - 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 - Chapter 7C, Section 36
  At least 30 days before opening proposals for the acquisition by purchase or rental of real property for the use of state agencies from an...
• Massachusetts General Laws - 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 - Chapter 7C, Section 37
  At least 120 days prior to any purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property...
• Massachusetts General Laws - Disclosure statement required for the rental or sale or purchase of real property to or from a public agency - Chapter 7C, Section 38
  No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or...
• Massachusetts General Laws - Inventory of real property owned, rented or otherwise occupied by public agencies; publication and distribution; central depository of records - Chapter 7C, Section 39
  The commissioner of capital asset management and maintenance shall establish and maintain a comprehensive inventory of the real property owned, rented or otherwise occupied by...
• Massachusetts General Laws - Rules and regulations for the acquisition, utilization and disposition of real property - Chapter 7C, Section 40
  The commissioner of capital asset management and maintenance shall establish rules and regulations for the acquisition, utilization and disposition of real property, which shall be...
• Massachusetts General Laws - Unauthorized occupancy, expenditure for maintenance or use of land, buildings or other state-owned or state occupied facilities prohibited; penalties - Chapter 7C, Section 41
  No department of the commonwealth shall occupy, or make any expenditure for the maintenance of, any land, buildings or other state-owned or state-occupied facilities or...
• Massachusetts General Laws - Reporting of lease or any agreement for tenancy at will or other rental of space - Chapter 7C, Section 42
  The director of facilities management shall report quarterly to the house and senate committees on ways and means any lease negotiated or any agreement providing...
• Massachusetts General Laws - Procedure upon notice of site evaluation to determine presence of American Indian skeletal remains - Chapter 7C, Section 43
  Upon the receipt of the commission of notice under section 6 of chapter 38 that a site evaluation will be made to determine if skeletal...
• Massachusetts General Laws - Purpose of Secs. 44 to 58 relating to procurement and quality of design services; definitions - Chapter 7C, Section 44
  (a) Sections 44 to 58, inclusive, shall: ensure that the commonwealth receives the highest quality design services for all its public building projects; provide for...
• Massachusetts General Laws - Designer selection board - Chapter 7C, Section 45
  (a) There shall be located within the executive office for administration and finance a designer selection board, consisting of 11 members. Eight members shall be...
• Massachusetts General Laws - Jurisdiction of designer selection board; exemptions from jurisdiction - Chapter 7C, Section 46
  [ Subsection (a) effective until November 19, 2014. For text effective November 19, 2014, see below.] (a) The board shall have jurisdiction over the selection...
• Massachusetts General Laws - Public notice requirements for contracts for designer services - Chapter 7C, Section 47
  [ Subsection (a) effective until November 19, 2014. For text effective November 19, 2014, see below.] (a) Each contract for designer services for a project...
• Massachusetts General Laws - Written application and disclosure statement required for designers, programmers or construction managers filing an application for project; designer evaluation form - Chapter 7C, Section 48
  [ Introductory paragraph of subsection (a) effective until November 19, 2014. For text effective November 19, 2014, see below.] (a) No designer, programmer, or construction...
• Massachusetts General Laws - Selection of semifinalists and finalists; criteria for selection; disqualification of board member from participation in selection of designer - Chapter 7C, Section 49
  (a) The board shall adopt written applicants' criteria for selection of semifinalists and finalists based upon information obtained under section 48 for each project. The...
• Massachusetts General Laws - Selection of designer from list of chosen finalists when fee set or when fee negotiated; statement of fee in contract; withholding of fees - Chapter 7C, Section 50
  [ Subsections (a) and (b) effective until November 19, 2014. For text effective November 19, 2014, see below.] (a) In the selection of a designer...
• Massachusetts General Laws - 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 conducting feasibility study - Chapter 7C, Section 51
  (a) When the board has required that applicants list consultants which the applicants may employ, in no event shall a consultant be used who is...
• Massachusetts General Laws - Appointment of designer for continued or extended services - Chapter 7C, Section 52
  [ Introductory paragraph effective until November 19, 2014. For text effective November 19, 2014, see below.] The commissioner may appoint a designer to perform continued...
• Massachusetts General Laws - Expedited selection procedures upon declaration of emergency situation - Chapter 7C, Section 53
  [ Subsection (a) effective until November 19, 2014. For text effective November 19, 2014, see below.] (a) Whenever the health or safety of any persons...
• Massachusetts General Laws - Adoption of written selection procedure prior to award of contract for design services - Chapter 7C, Section 54
  (a) Every contract for design services for any building construction, reconstruction, alteration, remodeling, or repair estimated to exceed $100,000 by any city, town, or agency,...
• Massachusetts General Laws - Record keeping requirements applicable to board and agencies not subject to board jurisdiction - Chapter 7C, Section 55
  The board, any public agency exempted under section 46 and all other governmental units engaged in the selection of applicants to perform design services but...
• Massachusetts General Laws - Reporting of list of all finalists and awards to division of capital asset management and maintenance - Chapter 7C, Section 56
  The board shall submit an annual report to the division of capital asset management and maintenance listing all finalists selected by the board and all...
• Massachusetts General Laws - Adoption of procedures and regulations to implement Secs. 44 to 58 - Chapter 7C, Section 57
  The board shall independently adopt procedures and regulations as necessary to implement the requirements of sections 44 to 58, inclusive. Such procedures and regulations may...
• Massachusetts General Laws - Procurement of architectural, engineering and related services; definitions applicable to this section - Chapter 7C, Section 58
  (a) For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise:— “Agency”, the Massachusetts Department...
• Massachusetts General Laws - Study or program required prior to contracting for design or construction services - Chapter 7C, Section 59
  Every appropriation or authorization for the design or construction of a building project for which a state agency is the using agency shall be deemed...
• Massachusetts General Laws - Certification that design work comports with appropriation, authorization or project cost limits and any study or program - Chapter 7C, Section 60
  No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless...
• Massachusetts General Laws - Certification that construction work can be accomplished within appropriation or authorization for the project and comports with study or program - Chapter 7C, Section 61
  No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless...
• Massachusetts General Laws - Contingency funds or accounts - Chapter 7C, Section 62
  The governor and the commissioner of capital asset management and maintenance in their long range capital facilities development plans and capital budget requests and the...
• Massachusetts General Laws - Capital facility planning fund - Chapter 7C, Section 63
  There is established and set up on the books of the commonwealth a separate fund, consisting of monies appropriated to the fund by the general...
• Massachusetts General Laws - Long-range capital facilities development plans - Chapter 7C, Section 64
  Each public agency other than a city or town shall prepare a long range capital facilities development plan. Such plan shall include projections at least...
• Massachusetts General Laws - Required content of long-range capital facilities development plans - Chapter 7C, Section 65
  In formulating requirements for the information to be provided in long-range capital facilities development plans, the commissioner of capital asset management and maintenance shall require...
• Massachusetts General Laws - Capital facility budget request; public notice of proposed long-range capital facilities development plan and annual capital facility budget; content and format - Chapter 7C, Section 66
  Each public agency other than cities and towns shall prepare and submit to the commissioner, in addition to its long-range capital facilities development plan or...
• Massachusetts General Laws - Submission of copies of proposed plans and requests; reporting by secretaries of executive offices; reporting by directors of programming, project management or facilities management - Chapter 7C, 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...
• Massachusetts General Laws - 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 - Chapter 7C, Section 68
  The commissioner of capital asset management and maintenance shall study and review all long range capital facility development plans and capital facility budget requests and...
• Massachusetts General Laws - Design and construction contingency reserve account - Chapter 7C, Section 69
  The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provision for establishment of a design and construction contingency...
• Massachusetts General Laws - Emergency repair reserve account - Chapter 7C, Section 70
  The governor’s and the commissioner of capital asset management and maintenance capital facility budget shall include provisions for establishment of an emergency repair reserve account,...
• Massachusetts General Laws - 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 - Chapter 7C, Section 71
  All requests and recommendations for appropriations or authorizations for expenditures by the commonwealth that pertain to capital facility projects shall be studied by the commissioner...
• Massachusetts General Laws - Annual reporting by commissioner to governor and general court - Chapter 7C, Section 72
  The commissioner shall, each year, not later than 30 days after the governor submits the budget under section 71, submit to the governor and to...

Last modified: September 11, 2015