Section 26A Certification of design work; contracts for design services - Massachusetts Statutes

Section 26A. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project—or other person provided for by statute—certifies in writing that the design work is or shall be such as to specify a project that can be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) without substantial deviation from any (i) study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in (b)(i) and (b)(ii).

No state agency—as defined by section thirty-nine A of chapter seven—administering a capital facility project shall enter into any contracts or incur any other obligations or cause to be performed design services for that project if such would result in the completion of a project which cannot be accomplished (a) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and (b) without substantial deviation for (i) any study or program which must be prepared in accordance with the provisions of section 7K of this chapter or (ii) any other pre-design planning document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of gross square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in (b)(i) and (b)(ii).