945 Mass. Reg. 2.04

Current through Register 1527, August 2, 2024
Section 2.04 - Application to Proceed
(1)Submission of Application to Proceed. An awarding authority requesting to receive a Notice to Proceed to use the construction management at risk (CM at Risk) delivery method for a building project that has an estimated construction value of $5 million or more must submit a detailed application to proceed to the Office of the Inspector General.
(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 construction management at risk services is appropriate for the building project and the reasons for the determination. In addition, the awarding authority will be required to provide information regarding:
(a) the building project
(b) the estimated construction cost
(c) the awarding authority's authorization to enter into a contract with a construction management at risk firm,
(d) the awarding authority's capacity, plan and procedures to effectively procure and manage the project,
(e) the owner's project manager retained by the awarding authority,
(f) the designer retained by the awarding authority, and
(g) the awarding authority's procedures to ensure fairness in competition, 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.

945 CMR 2.04