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MASSACHUSETTS STATUTES AND CODES

Section 38D Designer services contracts; public advertisement

Section 38D. (a) Each contract for designer services for a project subject to the jurisdiction of the board shall be publicly advertised by the board in a newspaper of general circulation in the area in which the project is located or to be located, and in the central register established under section twenty A of chapter nine, and in such places as the board requires by regulation, at least two weeks before the deadline for filing applications; provided, however, that each contract for designer services for a project whose estimated cost of construction is not less than ten thousand nor more than twenty-five thousand dollars shall not be required to be advertised in a newspaper of general circulation but shall be required to be advertised in the central register.

(b) The public notice required by subparagraph (a) shall contain:

(i) a description of the project, including the specific designer services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost;

(ii) if there is a program for the project, a statement of when and where the program will be available for inspection for applicants, and when and where a briefing session will be held for applicants, if one is required by the board’s regulations and if there is not a program for the project, a statement to the effect;

(iii) the qualification required of applicants for the projects;

(iv) the categories of designers’ consultants, if any, for which applicants must list the names of consultants which the applicant may choose to use;

(v) whether the fee has been set or will be negotiated, and if the fee has been set, the amount of the fee.

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