Design and Construction Contracting (MCPPO 2) Questions With Complete Solutions
Stages of Public Construction - (ANSWER)The design and construction contracting process for public
construction projects in Massachusetts typically involves three stages: planning, design and construction
This project delivery method is often referred to as: - (ANSWER)the design-bid-build delivery method.
Two alternative project delivery methods for public construction projects, construction management at
risk and design-build, are discussed elsewhere in these seminar materials.
Key Roles in a Design-Bid-Build Process - (ANSWER)The design-bid-build process in Massachusetts
involves three key roles: the owner, the designer and the contractor.
Public Owner - (ANSWER)The public owner, or awarding authority, is responsible for defining the project
scope, budget, and schedule; procuring and managing the project design and construction services;
paying for the project; and operating and maintaining the completed facility. No matter how many of
these tasks are contracted out to private firms, the owner is always responsible and accountable for the
project.
Owner's Project Manager - (ANSWER)Before contracting for design services in connection with a public
building contract estimated to cost $1.5 million or more, your jurisdiction is required to contract with or
assign an OPM to serve as your jurisdiction's agent during the planning, design and implementation of
the construction work. Thus, the OPM role included construction management. The OPM must be
independent of the project designer, general contractor, or any subcontractor.
You may assign an employee to serve as the OPM: - (ANSWER)only if that employee meets or exceeds
these requirements and has building construction and supervision experience relating to projects of
similar size and scope of complexity as the project to which the employee is assigned. If you elect to
contract for the services of the OPM, you are required to use a qualifications-based selection process,
which means that the OPM must be competitively selected on the basis of qualifications, without price
competition.
Contractor - (ANSWER)The selected contractor's job is to provide the means, methods, and materials to
construct the facility in accordance with the plans and specifications, a job that often entails
subcontracting out specialized portions of the construction work to subcontractors.
Qualifications-Based Selection of Designers - (ANSWER)"Qualifications-based selection," or "QBS." refers
to a process by which designers compete for public contracts on the basis of their qualifications, without
, Design and Construction Contracting (MCPPO 2) Questions With Complete Solutions
fee competition. The awarding authority either sets the fee or negotiates the fee with the highest-
ranked applicant.
Contractor and Subcontractor Certification - (ANSWER)Under Massachusetts law, public building
contracts and public works contracts may be awarded only to responsible and eligible contractors.
Under M.G.L. c. 149, "responsible" means: - (ANSWER)Demonstrably possessing the skill, ability and
integrity necessary to faithfully perform the work called for by a particular contract, based upon a
determination of competent workmanship and financial soundness in accordance with the provisions of
section forty-four D of this chapter
"Eligible" means: - (ANSWER)Able to meet all requirements for bidders or offerers set forth in sections
forty-four A through forty-four H of this chapter and not debarred from bidding under section forty-four
C of this chapter or any other applicable law, and who shall certify that he is able to furnish labor that
can work in harmony with all other elements of labor employed or to be employed on the work. M.G.L.
c. 149, § 44A(1).
M.G.L. c. 149 requires contractors bidding on public building construction contracts estimated to cost
more than $150,000 and subcontractors submitting filed sub-bids on public building construction
contracts estimated to cost more than $150,000 to be: - (ANSWER)Certified by DCAMM, the state's
professional asset management agency. The certification system is intended to identify and disqualify
those contractors and subcontractors that pose an unacceptable risk to Massachusetts awarding
authorities, based on a review of their financial soundness, bonding capacity, size of previous projects,
and most important of all, their performance on public and private contracts.
Public Records - (ANSWER)You should be aware that the contractor and subcontractor evaluations you
prepare are public records. Your jurisdiction can use these records to conduct due diligence on both
general bidders and filed sub-bidders on M.G.L. c. 149 contracts. DCAMM regulations require you to
inspect DCAMM's certification file for any general bidder or filed sub-bidder under consideration for a
building contract.
Design and Construction Contracting Challenges - (ANSWER)While the risks of design and construction
contracting can never be eliminated, they can be controlled through best practices such as careful
planning, best value contracting, preparation of complete contract documents that protect your
jurisdiction's interests, and effective contract oversight.
Stages of Public Construction - (ANSWER)The design and construction contracting process for public
construction projects in Massachusetts typically involves three stages: planning, design and construction
This project delivery method is often referred to as: - (ANSWER)the design-bid-build delivery method.
Two alternative project delivery methods for public construction projects, construction management at
risk and design-build, are discussed elsewhere in these seminar materials.
Key Roles in a Design-Bid-Build Process - (ANSWER)The design-bid-build process in Massachusetts
involves three key roles: the owner, the designer and the contractor.
Public Owner - (ANSWER)The public owner, or awarding authority, is responsible for defining the project
scope, budget, and schedule; procuring and managing the project design and construction services;
paying for the project; and operating and maintaining the completed facility. No matter how many of
these tasks are contracted out to private firms, the owner is always responsible and accountable for the
project.
Owner's Project Manager - (ANSWER)Before contracting for design services in connection with a public
building contract estimated to cost $1.5 million or more, your jurisdiction is required to contract with or
assign an OPM to serve as your jurisdiction's agent during the planning, design and implementation of
the construction work. Thus, the OPM role included construction management. The OPM must be
independent of the project designer, general contractor, or any subcontractor.
You may assign an employee to serve as the OPM: - (ANSWER)only if that employee meets or exceeds
these requirements and has building construction and supervision experience relating to projects of
similar size and scope of complexity as the project to which the employee is assigned. If you elect to
contract for the services of the OPM, you are required to use a qualifications-based selection process,
which means that the OPM must be competitively selected on the basis of qualifications, without price
competition.
Contractor - (ANSWER)The selected contractor's job is to provide the means, methods, and materials to
construct the facility in accordance with the plans and specifications, a job that often entails
subcontracting out specialized portions of the construction work to subcontractors.
Qualifications-Based Selection of Designers - (ANSWER)"Qualifications-based selection," or "QBS." refers
to a process by which designers compete for public contracts on the basis of their qualifications, without
, Design and Construction Contracting (MCPPO 2) Questions With Complete Solutions
fee competition. The awarding authority either sets the fee or negotiates the fee with the highest-
ranked applicant.
Contractor and Subcontractor Certification - (ANSWER)Under Massachusetts law, public building
contracts and public works contracts may be awarded only to responsible and eligible contractors.
Under M.G.L. c. 149, "responsible" means: - (ANSWER)Demonstrably possessing the skill, ability and
integrity necessary to faithfully perform the work called for by a particular contract, based upon a
determination of competent workmanship and financial soundness in accordance with the provisions of
section forty-four D of this chapter
"Eligible" means: - (ANSWER)Able to meet all requirements for bidders or offerers set forth in sections
forty-four A through forty-four H of this chapter and not debarred from bidding under section forty-four
C of this chapter or any other applicable law, and who shall certify that he is able to furnish labor that
can work in harmony with all other elements of labor employed or to be employed on the work. M.G.L.
c. 149, § 44A(1).
M.G.L. c. 149 requires contractors bidding on public building construction contracts estimated to cost
more than $150,000 and subcontractors submitting filed sub-bids on public building construction
contracts estimated to cost more than $150,000 to be: - (ANSWER)Certified by DCAMM, the state's
professional asset management agency. The certification system is intended to identify and disqualify
those contractors and subcontractors that pose an unacceptable risk to Massachusetts awarding
authorities, based on a review of their financial soundness, bonding capacity, size of previous projects,
and most important of all, their performance on public and private contracts.
Public Records - (ANSWER)You should be aware that the contractor and subcontractor evaluations you
prepare are public records. Your jurisdiction can use these records to conduct due diligence on both
general bidders and filed sub-bidders on M.G.L. c. 149 contracts. DCAMM regulations require you to
inspect DCAMM's certification file for any general bidder or filed sub-bidder under consideration for a
building contract.
Design and Construction Contracting Challenges - (ANSWER)While the risks of design and construction
contracting can never be eliminated, they can be controlled through best practices such as careful
planning, best value contracting, preparation of complete contract documents that protect your
jurisdiction's interests, and effective contract oversight.
