Chapter 28 of the Acts of 2002 established a two-year pilot program authorizing the six municipalities of Milton, Winchester, Brockton, Everett, Revere, and Waltham to undertake school construction projects without soliciting filed sub-bids under M.G.L. c. 149, §44F.
Under Chapter 28, all bidding documents and contracts prepared for Chapter 28 projects are subject to review and approval by the Inspector General. To assist the communities participating in the pilot program, the Inspector General developed subcontracting procedures to protect awarding authorities and subcontractors from the risks of post-award bid-shopping. The Inspector General's Chapter 28 School Construction Subcontracting Procedures may be downloaded from this link: Chapter 28 School Construction Subcontracting Procedures, January 2003
A report assessing the Chapter 28 subcontracting process and certain Chapter 28 projects was issued in February 2004, entitled An Interim Report on Chapter 28 of the Acts of 2002: A pilot program that suspends filed sub-bidding on certain school construction projects
The following table contrasts the major subcontracting requirements of the M.G.L. c. 149 filed sub-bid procedures with those of the Chapter 28 subcontracting procedures.
M.G.L. c. 149
Chapter 28 School Construction
Awarding authority conducts multiple sealed bidding processes for up to 17 sub-bid categories of work. Awarding authority conducts a separate sealed bidding process to select the general contractor.
Awarding authority conducts one sealed bidding process to select the general contractor.
General contractors must use eligible filed subcontractors at their filed sub-bid prices submitted to awarding authority.
General contractors are free to select their own subcontractors and to negotiate subcontract prices prior to submitting their bids.
Sub-bidder protests are common.
Without sub-bidding, subcontractor protests are unlikely.
General contractors are not allowed to bid-shop after being awarded contracts.
General contractors are required to list their selected subcontractors at the agreed-upon subcontract prices. The subcontractor bid listing procedures prevent general contractors from bid-shopping after being awarded contracts.