M.G.L. c. 149A, enacted in July 2004, permits Massachusetts awarding authorities to use two alternative delivery methods that differ substantially from the design-bid-build process, subject to specific conditions. For building construction, reconstruction, installation, demolition, maintenance, or repair projects estimated to cost $5 million or more, awarding authorities have the option of using the construction management at-risk (CM at-risk) delivery method. For public works construction, reconstruction, alteration, remodeling, or repair projects estimated to cost $5 million or more, awarding authorities have the option of using the design build delivery method.
Under Chapter 149A, the Office must determine whether a non-exempt entity is eligible to use CM at-risk or design build. Also, the Office must approve the alternative construction delivery method procedures to be used on certain building projects conducted by the following exempt entities: the Division of Capital Asset Management and Maintenance (DCAMM), Massachusetts Port Authority (Massport), Massachusetts Bay Transportation Authority (MBTA), Massachusetts Water Resources Authority (MWRA), Massachusetts State College Building Authority, and University of Massachusetts Building Authority, or public works projects conducted by the following entities: MassDOT Highway Division, Massport, MBTA and the MWRA.