PETITION OF:

SECTION 1. The General Laws are hereby amended by

inserting after Section 19 of Chapter 30B, the following new

Section:—

Section 20 — SELECTION OF ARCHITECTS, ENGINEERS

AND RELATED PROFESSIONALS.

(A) For purposes of this section the following phrases shall

have the following meanings:

(1) “Firm” means any individual, firm, partnership, corporation,

association, or other legal entity permitted by law to practice

the professions of architecture, engineering, land surveying, landscape

architecture, environmental science, planning, and program

management.

(2) “Agency” means any department, commission, council,

board, bureau, committee, institution, agency, state university,

government corporation, authority, or other establishment or procurement

official of the Commonwealth, excluding cities, towns

or municipalities.

(3) “Architectural and engineering services” means —

1. professional services of an architectural or engineering

nature, as defined by State law, which are required to be performed

or approved by a person licensed, registered, or certified

to provide such services as described in this

paragraph;

2. professional services of an architectural or engineering

nature performed by contract that are associated with

research, planning, development, design, investigations,

inspections, tests, evaluations, consultations, program management,

value engineering, construction, alteration, or

repair of real property; and

3. such other professional services of an architectural or engineering

nature, or incidental services, which members of the

architectural and engineering professions (and individuals in

their employ) may logically or justifiably perform, including

studies; investigations; surveying and mapping; soil tests;

construction phase services; drawing reviews; evaluations;

consultations; comprehensive planning; program management;

conceptual designs, plans and specifications; soils

engineering; cost estimates or programs; preparation of

drawings, plans, or specifications; supervision or administration

of a construction contract; construction management

or scheduling; preparation of operation and maintenance

manuals, and other related services.

(4) “Related professional services” means —

1. professional services including land surveying, landscape

architecture, environmental science, planning, and licensed

site professionals, which are required to be performed or

approved by a person licensed, registered, or certified to

provide such services as described in this paragraph;

2. professional services performed by contract that are associated

with research, planning, development, design, investigations,

inspections, surveying and mapping, tests,

evaluations, consultations, comprehensive planning, program

management, value engineering, construction, alteration,

or repair of real property; and

3. such other professional services, or incidental services,

which members of the related professions described in (4)1

above (and individuals in their employ) may logically or justifiably

perform, including master plans, studies, surveys,

soil tests, cost estimates or programs; preparation of drawings,

plans, or specifications; supervision or administration

of a construction contract; construction management or

scheduling; conceptual designs, plans and specifications;

construction phase services, soils engineering, drawing

reviews, cost estimating, preparation of operation and maintenance

manuals, and other related services.

(5) “Project” means any capital improvement project or any

design, study, plan, survey, or new or existing program activity of

a State agency, including development of new or existing programs

that require architectural, engineering or related professional

services.

(B) The Commonwealth of Massachusetts Legislature hereby

declares it to be the policy of the Commonwealth of Massachusetts

to publicly announce all requirements for architectural, engineering,

and related professional services, to procure these

services on the basis of demonstrated competence and qualifications,

and to negotiate contracts after selecting a firm, at fair and

reasonable prices.

architectural, engineering, and related services, the agency head

shall encourage firms engaged in the lawful practice of their profession

to submit annually a statement of qualifications and performance

data.

(D) PUBLIC NOTICE. Whenever a project requiring architectural,

engineering, or related professional services is proposed for

a State Agency, the agency shall provide no less than 14 days

advance notice published in a professional services bulletin or

advertised within the official State Agency website setting forth

the projects and services to be procured. The professional services

bulletin shall be made available to each firm that requests the

information. The professional services bulletin shall include a

description of each project and shall state the time and place for

interested firms to submit a letter of interest and, if required by

the public notice, a statement of qualifications. If it is determined

that a sole source selection of a qualified firm is in the best

interest of the agency then the project is not publicly advertised.

(E) EVALUATION PROCEDURE. An agency shall evaluate

the firms submitting letters of interest and other prequalified

firms, taking into account qualifications; and the agency may consider,

but shall not be limited to considering, ability of professional

personnel, past record and experience, performance data on

file, willingness to meet time requirements, location, workload of

the firm and any other qualifications based on factors as the

agency may determine in writing are applicable. The agency may

conduct discussions with and require presentations by firms

deemed to be the most qualified regarding their qualifications,

approach to the project and ability to furnish the required services.

In no case shall an agency, prior to selecting a firm for negotiation

seek formal or informal submission of verbal or written estimates

of costs or proposals in terms of dollars, hours required,

percentage of construction cost, or any other measure of compensation.

(F) SELECTION PROCEDURE.

(1) An agency shall select architects, engineers and related

professional firms on the basis of qualifications for the type of

professional services required. An agency may solicit or use

pricing policies and proposals or other pricing information to

determine consultant compensation only after the agency has

selected a firm and initiated negotiations with the selected firm.

(2) The procedures that an agency creates for the screening and

selection of firms shall be within the sole discretion of the agency

and may be adjusted to accommodate the agency's scope, schedule

and budget objectives for a particular project. Adjustments to

accommodate an agency’s objectives may include provision for

the direct appointment of a firm if the value of the project does

not exceed $25,000, or if it is determined that a sole source selection

of a qualified firm is in the best interest of the agency and the

project is not publicly advertised.

(3) The decision of an agency that has complied with the provisions

of this Act is final and binding.

(G) CONTRACT NEGOTIATION.

(1) The agency and the selected firm shall mutually discuss

and refine the scope of services for the project and shall

negotiate conditions, including but not limited to compensation

level and performance schedule based on scope of

services. The compensation level paid must be reasonable

and fair to the agency as determined solely by the agency.

In making such determination, the agency shall take into

account the estimated value of the services to be rendered,

the scope, complexity, and professional nature thereof.

(2) If the agency and the selected firm are unable for any

reason to negotiate a contract at a compensation level that

is reasonable and fair to the agency, the agency shall, in

writing, formally terminate negotiations with the selected

firm. The agency shall then negotiate with the second

ranked most qualified firm. The negotiation process may

continue in this manner through successive ranked firms

until an agreement is reached or the agency terminates the

consultant contracting process.

(H) SMALL CONTRACTS AND SOLE SOURCE CONTRACTS.

The provisions of this Act do not apply to architectural,

engineering, and related professional services contracts of

less than $25,000, or sole source contracts that are awarded to a

qualified firm as determined to be in the best interest of the

agency, where only one firm has been solicited regarding the project

and the project is not publicly advertised.

(I) EMERGENCY SERVICES. The provisions of this Act do

not apply in the procurement of architectural, engineering, and

related professional services by agencies (i) when an agency

determines in writing that it is in the best interest of the State to

proceed with the immediate selection of a firm or (ii) in emergencies

when immediate services are necessary to protect the public

health and safety, including, but not limited to, earthquake, tornado,

storm, or natural or man-made disaster.

(J) FIRM PERFORMANCE EVALUATION. Each agency

shall evaluate the performance of each firm upon completion of a

contract. That evaluation shall be made available to the firm who

may submit a written response, with the evaluation and response

retained solely by the agency. The evaluation and response shall

not be made available to any other person or firm and is exempt

from disclosure under the Freedom of Information Act.

(K) CERTIFICATE OF COMPLIANCE. Each contract for

architectural, engineering, and related professional services by an

agency shall contain a certificate signed by a representative of the

agency and the firm that each has complied with the provisions of

this Act.

SECTION 2. Chapter 30B, Section 1, subsection 15 of the

General Laws are hereby amended by striking the word

“designers” and adding the following new subsection:

(34A) contracts with architects, engineers and related professionals.

SECTION 3. Chapters 30B, Section 2 of the General Laws are

hereby amended by striking the definition of “Designer” and

replacing it with the following text:

“Architects and Engineers”, a person performing professional

services of an architectural or engineering nature, as defined by

State law, which are required to be performed or approved by a

person licensed, registered, or certified to provide such services as

described in this paragraph; professional services of an architectural

or engineering nature performed by contract that are associated

with research, planning, development, design, investigations,

inspections, tests, evaluations, consultations, program management,

value engineering, construction, alteration, or repair of real

property; and such other professional services of an architectural

or engineering nature, or incidental services, which members of

the architectural and engineering professions (and individuals in

their employ) may logically or justifiably perform, including

studies; investigations; surveying and mapping; soil tests; construction

phase services; drawing reviews; evaluations; consultations;

comprehensive planning; program management; conceptual

designs, plans and specifications; soils engineering; cost estimates

or programs; preparation of drawings, plans, or specifications;

supervision or administration of a construction contract; construc-

tion management or scheduling; preparation of operation and

maintenance manuals, and other related services.

“Related Professionals” are professionals engaged in professional

services including land surveying, landscape architecture,

environmental science, planning, and licensed site professionals,

which are required to be performed or approved by a person

licensed, registered, or certified to provide such services as

described in this paragraph; professional services performed by

contract that are associated with research, planning, development,

design, investigations, inspections, surveying and mapping, tests,

evaluations, consultations, comprehensive planning, program

management, value engineering, construction, alteration, or repair

of real property; and such other professional services, or incidental

services, which members of the related professions

described in (4)1 above (and individuals in their employ) may logically

or justifiably perform, including master plans, studies, surveys,

soil tests, cost estimates or programs; preparation of

drawings, plans, or specifications; supervision or administration

of a construction contract; construction management or scheduling;

conceptual designs, plans and specifications; construction

phase services, soils engineering, drawing reviews, cost estimating,

preparation of operation and maintenance manuals, and

other related services.

SECTION 4. Chapter 7 of the General Laws is hereby

amended by adding the following new section.

Section 30P — SELECTION OF ARCHITECTS, ENGINEERS

AND RELATED PROFESSIONALS.

(A) For purposes of this section the following phrases shall

have the following meanings:

(1) “Firm” means any individual, firm, partnership, corporation,

association, or other legal entity permitted by law to practice

the professions of architecture, engineering, land surveying, landscape

architecture, environmental science, planning, and program

management.

(2) “Agency” means any department, commission, council,

board, bureau, committee, institution, agency, state university,

government corporation, authority, or other establishment or procurement

official of the Commonwealth, excluding cities, towns

or municipalities.

(3) “Architectural and engineering services” means —

4. professional services of an architectural or engineering

nature, as defined by State law, which are required to be performed

or approved by a person licensed, registered, or certified

to provide such services as described in this paragraph;

5. professional services of an architectural or engineering

nature performed by contract that are associated with

research, planning, development, design, investigations,

inspections, tests, evaluations, consultations, program management,

value engineering, construction, alteration, or

repair of real property; and

6. such other professional services of an architectural or engineering

nature, or incidental services, which members of the

architectural and engineering professions (and individuals in

their employ) may logically or justifiably perform, including

studies; investigations; surveying and mapping; soil tests;

construction phase services; drawing reviews; evaluations;

consultations; comprehensive planning; program management;

conceptual designs, plans and specifications; soils

engineering; cost estimates or programs; preparation of

drawings, plans, or specifications; supervision or administration

of a construction contract; construction management or

scheduling; preparation of operation and maintenance manuals,

and other related services.

(4) “Related Professional Services” means —

1. professional services including land surveying, landscape

architecture, environmental science, planning, and licensed

site professionals, which are required to be performed or

approved by a person licensed, registered, or certified to provide

such services as described in this paragraph;

2. professional services performed by contract that are associated

with research, planning, development, design, investigations,

inspections, surveying and mapping, tests, evaluations,

consultations, comprehensive planning, program management,

value engineering, construction, alteration, or repair of

real property; and

3. such other professional services, or incidental services,

which members of the related professions described in (4)1

above (and individuals in their employ) may logically or justifiably

perform, including master plans, studies, surveys,

soil tests, cost estimates or programs; preparation of drawings,

plans, or specifications; supervision or administration

of a construction contract; construction management or

scheduling; conceptual designs, plans and specifications;

construction phase services, soils engineering, drawing

reviews, cost estimating, preparation of operation and maintenance

manuals, and other related services.

(5) “Project” means any capital improvement project or any

design, study, plan, survey, or new or existing program activity of

a State agency or municipality, including development of new or

existing programs that require architectural, engineering or related

professional services.