These procedures govern the selection of an architect or engineer
to provide designer services for any Town building project subject
to the State Designer Selection Law, MGL c. 7, §§ 38A1/2-O.
"Designer services" include the preparation of master plans, feasibility
and other studies, surveys, soil tests, cost estimates and programs;
preparation of drawings, plans, and specifications, including schematic
drawings and preliminary plans and specifications; supervision or
administration of a construction contract; and construction management
and scheduling (MGL c. 7, § 38A1/2). Any other local law
governing the procurement of services will be inapplicable to these
procurements.
The Board of Selectmen and Building, Planning and Construction
Committee ("awarding authority") have the authority to conduct the
designer selection process for the Town, unless another Town officer,
board or committee is so designated by vote of the Town Meeting. The
awarding authority may delegate any duties described herein to the
extent such delegation is permissible by law.
The Committee shall evaluate applicants based on the following
criteria:
A. Prior similar experience;
B. Past performance on public and private projects;
D. Identity and qualifications of the consultants who will work with
the applicants on the project; and
E. Any other criteria that the Committee considers relevant to the project.
The awarding authority may allow a designer who conducted a
feasibility study to continue with the design of a project, provided
that the awarding authority conducts a solicitation that complies
with the requirements of the Designer Selection Law and these procedures.
The awarding authority may commission, at its discretion, an independent
review of the feasibility study, by a knowledgeable and competent
individual or business doing such work to ensure its reasonableness
and its adequacy before allowing the designer to continue on the project.
The awarding authority shall publish the name of any designer
awarded a contract in the Central Register.
The awarding authority shall evaluate designers' performance
on contracts using the Designer Selection Board evaluation form(s)
in accordance with MGL c. 7, § 38E(g), and file completed
evaluations with the Board and any other agency named in MGL c. 7,
§ 38E(g).
Nothing in these procedures shall be interpreted to require
the establishment of a local designer selection board or waive or
reduce the requirements of any other applicable law or regulation.
Any design or construction project that is funded, in whole
or in part by the Commonwealth (such as reimbursements, grants and
the like) shall include an affirmative marketing program consistent
with the requirements of the Construction Reform Law, Chapter 193
of the Acts of 2004, and revisions to MGL c. 23A, § 44,
and MGL c. 7, § 40N.