CHAPTER 21-I DEPARTMENT OF ADMINISTRATIVE SERVICES
Public Works Design and Construction
Section 21-I:78
21-I:78 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of administrative services.
II. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
III. "Contract construction" means all construction performed in whole or in part by an independent contractor.
IV. "Cost-plus contract" means a contract under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
V. "Department" means the department of administrative services.
VI. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
VII. "Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
VIII. "Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
IX. "Project" means any construction, reconstruction, alteration, or maintenance in any building, plant, fixture, or facility.
(a) The term shall include those projects relating to buildings, plants, fixture, or facilities formerly administered through the department of transportation, division of public works.
(b) The term shall include projects relating to state trails, roads, bridges, and related maintenance and use of facilities under fish and game provisions in title XVIII, public recreation provisions in title XIX, and forestry provisions in title XIX-A. The commissioner may waive requirements for approval by governor and council for short term rentals of equipment contracted for or acquired for the purposes of projects under this subparagraph, provided such projects are reported quarterly to the fiscal committee of the general court.
(c) The term shall not include construction, reconstruction, alteration, or maintenance of highways, bridges, or other items directly related to transportation, which matters shall be managed by the department of transportation.
X. "Using agency or institution" means any executive department, commission, independent establishment, public corporation which is an instrumentality of a state board, bureau, division, institution, service, office, officer, authority, administration, or other establishment in the executive branch of the government, which will have the control of the property after the work is completed.
Source. 2005, 291:9, eff. July 25, 2005. 2023, 79:348, eff. July 1, 2023.