Section 38F Selection of finalists and semifinalists; classes of projects - Massachusetts Statutes

Section 38F. (a) The board shall adopt written applicants’ criteria for selection of semifinalists and finalists based upon information obtained under section thirty-eight E for each project. The criteria shall include:

(i) prior similar experience;

(ii) past performance on public and private projects;

(iii) financial stability;

(iv) identity and qualifications of the consultants who will work with the applicant on the project; and

(v) any other criteria that the board considers relevant for any project.

(b) Semifinalists may be chosen for each project.

The board shall select at least three finalists from among all the applicants, or from the semifinalists selected under this section, and in doing so may require all the applicants or the semifinalists to:

(i) appear for an interview before the board;

(ii) present a written proposal to the board; or

(iii) participate in a design competition held by the board.

(c) The board shall transmit a list of the chosen finalists to the commissioner. No person or firm debarred pursuant to section forty-four C of chapter one hundred and forty-nine or disqualified pursuant to section thirty-eight D shall be so included as a finalist. The board shall transmit to the commissioner all material made or received relating to such recommendation.

The list shall rank the finalists in order of qualification and include a record of the final vote of the board on the selection; and include a written statement explaining the board’s reasons for its choice and its ranking of the finalists.

(d) The board may, by regulation, establish three classes of projects, using as criteria for its classification the estimated construction cost and any other factors the board deems appropriate, with Class III including those projects which are the largest or most complex, and Class I including those projects which are smallest or least complex. The board may delegate its powers and duties under paragraph (b) of section thirty-eight D, paragraphs (c) and (d) of section thirty-eight E, paragraphs (a) and (b) of sections thirty-eight G, thirty-eight H and thirty-eight I to panels of less than all the board members on rotating assignment as follows:

(i) for Class I projects, the panel shall consist of at least three members, two of whom shall be architects or engineers;

(ii) for Class II projects, the panel shall consist of five members, four of whom shall be architects or engineers;

(iii) for Class III projects, the panel shall consist of at least nine members, seven of whom shall be architects or engineers.

(e) For the purposes of chapter two hundred and sixty-eight A and subject to the penalties therein, no member of the board shall participate in the selection of a designer as a finalist or semifinalist for any project if the member or any member of his immediate family:

(i) has a direct or indirect financial interest in the award of the design contract to any applicant;

(ii) is currently employed by, or is a consultant to or under contract to an applicant.

(iii) is negotiating or has an arrangement concerning future employment or contracting with any applicant; or

(iv) has an ownership interest in, or is an officer or director of, any applicant.