Massachusetts Convention Center Authority - Other Matters 1

The Massachusetts Convention Center Authority Did Not Post Bid Invitations for Art Commissions in Areas That Were Readily Accessible to the Art Community.

Overview

We determined that bid invitations for art commissions were not posted in areas typically used by the art community.

Specifically, the “Calls to Artists” Section of the “City of Boston Public Art Policies & Processes and Boston Art Commission Bylaws” highlights best practices. Bid invitations for art commissions should be posted in more accessible areas, such as in public art / art-related publications or newsletters, media accounts, and other public art platforms.

Additionally, we found that one major call for art was only posted for two weeks. While this falls within MCCA’s “Procurement, Purchasing and Payment Policy and Guidelines,” the Americans for the Arts’ “Public Art Network Best Practices Goals and Guidelines” states:

Commissioning bodies should not assume that artists will have sufficient time and information to develop site-specific proposals that are informed by substantial client interaction unless the proposals and/or competition affords at least four to six weeks of preparation time.

By not posting bid invitations for art commissions for four to six weeks, per the Americans for the Arts’ recommendation, MCCA does not give sufficient time for these bid invitations to reach a larger portion of the art community or for artists to brainstorm ideas, research costs, and put together comprehensive bids.

MCCA should review its call for art practices, specifically where MCCA posts its bid invitations for art commissions and the length of time that they are posted. 

Auditee’s Response

This art installation in question was commissioned by the prior gubernatorial administration and, as the State Auditor indicates above, was properly bid in accordance with both Chapter 30B [of the General Laws] as well as the Authority’s own internal procurement policies.

While the Authority understands the suggested recommendations, the recommendations must be balanced with the need to support local artists in Massachusetts along with potential time requirements.

When posting future art contracts, the Authority will consider extending the time for advertising such [requests for proposals] as well where the bids are advertised and will continue to comply with Chapter 30B [of the General Laws] and our own policies. While the “City of Boston Public Art Policies & Processes and Boston Art Commission Bylaws” may be considered “best practices” the Authority believes following Chapter 30B [of the General Laws], our own internal policies and procedures and the Americans for the Arts “Public Art Network Best Practices Goals & Guidelines” to be adequate to ensure future art commissions are properly advertised in a fair and equitable manner to the entire art community.

Auditor’s Reply

Based on its response, MCCA is taking measures to address our concerns in this area.

16.    Section 5 of Chapter 30B of the General Laws states that bid invitations should “remain posted, for at least two weeks, in a conspicuous place in or near the offices of the governmental body until the time specified in the invitation for bids; and (5) be published at least once, not less than two weeks prior to the time specified for the receipt of bids, in a newspaper of general circulation within the area served by the governmental body and on the COMMBUYS system administered by the operational services division.”

Date published:	August 19, 2024