QUESTIONS WITH SOLUTIONS
GRADED A+
◍ Owner/Awarding Authority is responsible for defining project:.
Answer: - scope- budget- schedule - procuring/managing design &
construction- paying for project- operating & maintaining- always
accountable
◍ Owner/Awarding AuthorityOwner's Project Manager Requirement.
Answer: - public building projects estimated over $1.5M- before the
designer procurement- must be independent from designer, GC or subs-
services: planning, design, implementation of construction (CM services)
◍ MSBA OPM Selection.
Answer: - Selection of the OPM must be approved by the MSBA before
execution of OPM's contractor with the Awarding Authority. - AA must
submit documentation to MSBA describing the selection process.- AA must
submit documentation certifying in writing that the qualifications based
selection process required by MGL 149, Ch. 44A was used.
◍ Stages of Public Construction.
Answer: The design and construction contracting process for public
construction projects in Massachusetts typically involves three stages:
planning, design and construction
◍ This project delivery method is often referred to as:.
Answer: the design-bid-build delivery method. Two alternative project
delivery methods for public construction projects, construction management
at risk and design-build, are discussed elsewhere in these seminar materials.
◍ MSBA Regulations.
, Answer: 963 CMR
◍ Key Roles in a Design-Bid-Build Process.
Answer: The design-bid-build process in Massachusetts involves three key
roles: the owner, the designer and the contractor.
◍ Public Owner.
Answer: The public owner, or awarding authority, is responsible for
defining the project scope, budget, and schedule; procuring and managing
the project design and construction services; paying for the project; and
operating and maintaining the completed facility. No matter how many of
these tasks are contracted out to private firms, the owner is always
responsible and accountable for the project.
◍ Owner's Project Manager.
Answer: Before contracting for design services in connection with a public
building contract estimated to cost $1.5 million or more, your jurisdiction is
required to contract with or assign an OPM to serve as your jurisdiction's
agent during the planning, design and implementation of the construction
work. Thus, the OPM role included construction management. The OPM
must be independent of the project designer, general contractor, or any
subcontractor.
◍ You may assign an employee to serve as the OPM:.
Answer: only if that employee meets or exceeds these requirements and has
building construction and supervision experience relating to projects of
similar size and scope of complexity as the project to which the employee is
assigned. If you elect to contract for the services of the OPM, you are
required to use a qualifications-based selection process, which means that
the OPM must be competitively selected on the basis of qualifications,
without price competition.
◍ Contractor.
Answer: The selected contractor's job is to provide the means, methods, and
materials to construct the facility in accordance with the plans and
specifications, a job that often entails subcontracting out specialized
, portions of the construction work to subcontractors.
◍ Qualifications-Based Selection of Designers.
Answer: "Qualifications-based selection," or "QBS." refers to a process by
which designers compete for public contracts on the basis of their
qualifications, without fee competition. The awarding authority either sets
the fee or negotiates the fee with the highest-ranked applicant.
◍ MSBA OPM Duties.
Answer: - Managing and coordinating the daily administration of the
Approved Project to completion;- Monitoring and reporting on the
performance of the designer and providing administration of the contract
between the Eligible Applicant and the designer;- Monitoring and reporting
on the performance of the GC and providing administration of the contract
between the Eligible Applicant (AA) and the GC
◍ Contractor and Subcontractor Certification.
Answer: Under Massachusetts law, public building contracts and public
works contracts may be awarded only to responsible and eligible
contractors.
◍ Under
M. G.
L. c. 149, "responsible" means:.
Answer: Demonstrably possessing the skill, ability and integrity necessary
to faithfully perform the work called for by a particular contract, based upon
a determination of competent workmanship and financial soundness in
accordance with the provisions of section forty-four D of this chapter
◍ "Eligible" means:.
Answer: Able to meet all requirements for bidders or offerers set forth in
sections forty-four A through forty-four H of this chapter and not debarred
from bidding under section forty-four C of this chapter or any other
applicable law, and who shall certify that he is able to furnish labor that can
work in harmony with all other elements of labor employed or to be
employed on the work. M.G.L. c. 149, § 44A(1).
, ◍ Formation of Contract.
Answer: A contract is formed when parties agree to act or promise to act in
certain ways and agree to give up something of value in return. Four
Elements:- Mutual assent- offer and acceptance- consideration - definiteness
of (clear) contract terms
◍ M.
G. L. c. 149 requires contractors bidding on public building construction
contracts estimated to cost more than $150,000 and subcontractors
submitting filed sub-bids on public building construction contracts estimated
to cost more than $150,000 to be:.
Answer: Certified by DCAMM, the state's professional asset management
agency. The certification system is intended to identify and disqualify those
contractors and subcontractors that pose an unacceptable risk to
Massachusetts awarding authorities, based on a review of their financial
soundness, bonding capacity, size of previous projects, and most important
of all, their performance on public and private contracts.
◍ MGL 30
B. Supplies/Services Procurement and Real Property Transactions.
Answer: - Less than $10,000 - Sound Business Practices- $10,000 - $35,000
- Quotes- $35,000 or More - Advertised Competition (Formal Bids or
Proposals)
◍ Public Records.
Answer: You should be aware that the contractor and subcontractor
evaluations you prepare are public records. Your jurisdiction can use these
records to conduct due diligence on both general bidders and filed
sub-bidders on M.G.L. c. 149 contracts. DCAMM regulations require you to
inspect DCAMM's certification file for any general bidder or filed
sub-bidder under consideration for a building contract.
◍ Design and Construction Contracting Challenges.
Answer: While the risks of design and construction contracting can never be
eliminated, they can be controlled through best practices such as careful