Code of Massachusetts Regulations
945 CMR - OFFICE OF THE INSPECTOR GENERAL
Title 945 CMR 3.00 - Notice To Proceed To Use Design Build For Public Works Construction Contracts Pursuant To MGL c. 149a, Sections 15 Through 21
Section 3.04 - Application to Proceed

Universal Citation: 945 MA Code of Regs 945.3

Current through Register 1531, September 27, 2024

(1) Submission of Application to Proceed. An awarding authority requesting to receive a Notice to Proceed to use the Design Build delivery method for a public works project that has an estimated construction value of $5 million or more must submit a detailed application to proceed.

(2) Content of Application. The application to proceed will require the awarding authority to submit a written determination that the awarding authority has determined that the use of design build is appropriate for the public works project and the reasons for the determination. In addition, the awarding authority will be required to provide information regarding:

(a) the public works project;

(b) the estimated construction cost;

(c) the awarding authority's authorization to enter into a contract for a design build;

(d) the awarding authority's capacity, plan and procedures to effectively procure and manage a design build entity for the specific project;

(e) the design professional retained to provide technical assistance and consulting services; and

(f) the awarding authority's procedures to ensure fairness incompetition, evaluation, selection, and reporting.

Other information may be requested in accordance with the Procedures to assist the Office of the Inspector General in making a determination as to whether an awarding authority will receive a Notice to Proceed.

(3) Form of Submission. An awarding authority must submit the information required by the application to proceed in accordance with the Procedures prescribed by and available from the Office of the Inspector General.

(4) Public Record. All information furnished in any application to proceed is a public record. The Notice to Proceed or Denial of Notice to Proceed is a public record. The Inspector General's records related to a specific application are not a public record until the Notice to Proceed or Denial of Notice to Proceed is issued.

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