Current through Register 1536, December 6, 2024
Section 2.06 - Project Proposal(1) After public notice and public hearing, if applicable, an Agency may submit a Project Proposal for action by the Board. Any such Project Proposal shall include sufficient information for the Board to determine whether the Proposed Project meets the standard for approval set forth in M.G.L. c. 7B and in 810 CMR 2.02(1).(2) The proposal shall include, at a minimum, the following (if applicable):(a) A detailed description of the Project including:1. the Asset involved and, in the case of a disposition, its current use;2. anticipated public benefits to be realized from the Project;3. anticipated publicly paid capital and operating costs, and the source of funds for such costs;4. estimated revenues, their sources and application;5. the anticipated market for the property procurement or disposition;6. private sector participation required for the Proposed Project and the feasibility of obtaining such participation;7. a schedule for implementation showing major milestones and completion dates; and8. performance measures to determine the success or failure of the Proposed Project.(b) An inventory of the Agency's Assets, identifying those that are underutilized. The inventory must be current within one year of the submission, describe the method used to compile the inventory, and specify the measures employed to determine which Assets are underutilized. In the case of an Acquisition Project, the Agency shall identify any Agency Assets that are underutilized and might be appropriate for use in lieu of the proposed Asset to be acquired. If the Proposed Project is limited to one or more specific institutions or facilities, the inventory may be limited to the Assets contained at such institutions or facilities.(c) In the case of a Proposed Project involving real property, certification by the Commissioner that the Commissioner has received a copy of the inventory and that the Commissioner believes the inventory to be accurate and current. The Commissioner shall also certify that the Proposed Project does not conflict with the current and foreseeable needs of any Agency or, if there is a conflict with the needs of any Agency, shall identify the conflict and recommend whether the Board should approve the Project notwithstanding such conflicts.(d) Certification by the secretary of the executive office within which the proposing Agency is located (or the Board of Higher Education for Agencies under its jurisdiction) that the office has reviewed and approved the Proposed Project.(e) A copy of all comments received as a result of the public comment process and minutes of any hearing held pursuant to 810 CMR 2.05, and the Agency's response to such comments, including changes made in the Project Proposal, if any.(f) In the case of a Proposed Project involving the disposition of an interest in real property, an independent appraisal of the property, conducted within one year of the submission, for both the highest and best use and the Proposed Project use, if different, taking into consideration the terms of the proposed disposition, and describing the methods and assumptions employed to make the appraisal. A current assessment of value conducted by or on behalf of DCAMM's Office of Real Estate Management shall satisfy this requirement for Low Impact Electronic, Communications and Telecommunications Projects. A market assessment conducted by or on behalf of DCAMM shall satisfy this requirement for Acquisition Projects.(g) A description of the specific laws and regulations which conflict with the Proposed Project and the manner in which utilizing alternative procedures will ensure an open and competitive process for the procurement or disposition. This shall include, at minimum, provisions for: advertising the time and place at which the request for proposals may be obtained, the time and place for submission of proposals, and the nature and scope of the Project; providing all interested parties with information, sufficient to develop a responsive proposal; establishing and following an evaluation process which ensures fair treatment of all proposers; and providing all interested parties with the proposal evaluation criteria which will be utilized to judge proposals.(h) A statement of the Agency's plan to provide ongoing information required to assist the Board in its monitoring responsibilities, as detailed in 810 CMR 2.08.(i) Identification of the Agency responsible for Project implementation, the name and title of the official responsible within the Agency, and the qualifications of said official and other key personnel who will be assigned to insure successful implementation. If the Agency will require contracted services to assist in the implementation, the proposal shall include a description of the services to be procured.(j) Copies of any reports, analyses, or studies employed in the development of the Project Proposal and a description of the methods used therein.(k) If the Project Proposal includes a request for authorization to establish a Trust Fund under 810 CMR 2.09, the request must include the following:1. the specific purpose for which the Trust Fund would be established,2. projected revenues and expenditures from the Trust Fund for the first five years,3. identification of the beneficiaries of the Trust Fund, and4. a recommendation by the Secretary of Administration and Finance recommending the establishment of such Trust Fund.(l) Identification of any private individual or entity involved in the preparation of the Project Proposal other than through the public comment process and disclosure of the nature and extent of such involvement.(m) Any other information deemed pertinent by the Agency or previously requested by the Board in the preliminary review.(3) A complete submission by an Agency shall consist of one original and one copy in a version acceptable to the Commissioner of DCAMM of all documents required by 810 CMR 2.00 which shall be delivered to the Board in care of the Office of Real Estate Management, DCAMM, One Ashburton Place, 15th Floor, Boston, MA 02108.Amended by Mass Register Issue 1345, eff. 8/11/2017.Amended by Mass Register Issue 1428, eff. 10/16/2020.