§ 1 Definitions applicable to this chapter and chapter 29
§ 2 Commissioner of capital asset management and maintenance; appointment; duties and responsibilities
§ 3 Coordination of capital facility project plans and programs
§ 4 Jurisdiction of division of capital asset management and maintenance over capital facility projects
§ 5 Building project control and supervision by commissioner; delegation of project control and supervision to state agency or building authority
§ 6 Affirmative marketing program to ensure fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects
§ 7 Court facilities acquisition, control, disposition, etc.; director of court facilities
§ 8 Duties of commissioner relating to the proper management of the operation of the division of capital asset management and maintenance and the coordination of offices located therein; uniform contract conditions; administrative units; performance measures;
§ 9 Reporting on progress of capital facility projects; analysis of real property acquired for use of state agencies; reporting of projects completed, in process or scheduled for the future; proposed capital repair and maintenance plan for state buildings
§ 10 Advisory council on capital asset management and maintenance
§ 11 Office of programming; director of programming
§ 12 Duties and responsibilities of director of programming
§ 13 Office of project management; director of project management
§ 14 Duties and responsibilities of director of project management
§ 15 Submission of building project plans and specifications to director of project management for review and approval; advertisement for applications for bids
§ 16 Project managers
§ 17 Change orders or other contract modifications
§ 18 Request for change order; approval or disapproval; appeal
§ 19 Equitable adjustment in contract price due to change in contractor’s cost of performance resulting from change order
§ 20 Submission of costs and pricing data to be used when negotiating adjustments for change orders or other contract modifications
§ 21 General principles applicable to equitable adjustments
§ 22 Resident engineers
§ 23 Acceptance of federal funds or assistance
§ 24 Office of facilities management; director of facilities management; inventory of buildings
§ 25 Control of supervision of projects by the director of facilities management
§ 26 Standards and guidelines applicable to maintenance and repair; compliance inspections; transfer of supervision and control over maintenance and repair operations from state agency or building authority to the office of facilities management or to the comm
§ 27 Building projects performed at one or more using agencies and controlled and supervised by the office of facilities management
§ 28 Duties and responsibilities of director of facilities management
§ 29 Utilization of energy efficiency, water conservation or renewable energy technologies in new or renovated facilities; life-cycle cost analysis
§ 30 Evaluation of energy consumption of buildings and their major energy using systems
§ 31 Evaluation of potential for increasing energy efficiency in buildings owned or leased by an authority or state agency
§ 32 Real property held in name of state agency deemed real property of the commonwealth; exercise of eminent domain by the commonwealth on behalf of a state agency; delegation to state agency of power to acquire, control and dispose of real property
§ 33 Duties and powers of the commissioner relating to the acquisition, control and disposition of real property
§ 34 Procedure for the disposition of real property by sale, rental or otherwise
§ 35 Rental of premises outside of the state house or other buildings owned by the commonwealth
§ 35A Termination of lease for nonappropriation or nonallotment; renegotiation of lease
§ 36 Advertisement for submission of proposals for the acquisition by purchase or rental of real property for the use of state agencies, or for the sale or rental of real property used by state agencies
§ 37 Purchase, sale, rental, etc., of one or more acres of real property; notification of public officials of city or town in which real property located; hearing
§ 38 Disclosure statement required for the rental or sale or purchase of real property to or from a public agency
§ 39 Inventory of real property owned, rented or otherwise occupied by public agencies; publication and distribution; central depository of records
§ 40 Rules and regulations for the acquisition, utilization and disposition of real property
§ 41 Unauthorized occupancy, expenditure for maintenance or use of land, buildings or other state-owned or state occupied facilities prohibited; penalties
§ 42 Reporting of lease or any agreement for tenancy at will or other rental of space
§ 43 Procedure upon notice of site evaluation to determine presence of American Indian skeletal remains
§ 44 Purpose of Secs. 44 to 58 relating to procurement and quality of design services; definitions
§ 45 Designer selection board
§ 46 Jurisdiction of designer selection board; exemptions from jurisdiction
§ 47 Public notice requirements for contracts for design services
§ 48 Written application and disclosure statement required for designers, interior designers, programmers or construction managers filing an application for project; designer evaluation form
§ 49 Selection of semifinalists and finalists; criteria for selection; disqualification of board member from participation in selection of designer or interior designer
§ 50 Selection of designer or interior designer from list of chosen finalists when fee set or when fee negotiated; statement of fee in contract; withholding of fees
§ 51 Use of consultants by applicants; truth-in-negotiations certificate; special conditions or requirements; other certifications or provisions required for inclusion in every contract for design services; professional liability insurance required; disqualifi
§ 52 Appointment of designer or interior designer for continued or extended services
§ 53 Expedited selection procedures upon declaration of emergency situation
§ 54 Adoption of written selection procedure prior to award of contract for design services
§ 55 Record keeping requirements applicable to board and agencies not subject to board jurisdiction
§ 56 Reporting of list of all finalists and awards to division of capital asset management and maintenance
§ 57 Adoption of procedures and regulations to implement Secs. 44 to 58
§ 58 Procurement of architectural, engineering and related services; definitions applicable to this section
§ 59 Study or program required prior to contracting for design or construction services
§ 60 Certification that design work comports with appropriation, authorization or project cost limits and any study or program
§ 61 Certification that construction work can be accomplished within appropriation or authorization for the project and comports with study or program
§ 62 Contingency funds or accounts
§ 63 Capital facility planning fund
§ 64 Long-range capital facilities development plans
§ 65 Required content of long-range capital facilities development plans
§ 66 Capital facility budget request; public notice of proposed long-range capital facilities development plan and annual capital facility budget; content and format
§ 67 Submission of copies of proposed plans and requests; reporting by secretaries of executive offices; reporting by directors of programming, project management or facilities management
§ 68 Review and investigation by commissioner in preparation of capital facility budget; recommendations for study or program and mode of procurement; required statements to be included in budget request
§ 69 Design and construction contingency reserve account
§ 70 Emergency repair reserve account
§ 71 Review and study by commissioner of all requests and recommendations for appropriations or authorizations for expenditures pertaining to capital facility projects; review by commissioner of petition, motion or amendment introduced by general court relatin
§ 72 Annual reporting by commissioner to governor and general court

Terms Used In Massachusetts General Laws > Chapter 7C - Capital Asset Management and Maintenance

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Other entity: includes a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.