The district and its OPM will begin the Designer Selection Process (“DSP”). The district and its OPM will work with their assigned MSBA Project Coordinator to determine available DSP meeting dates. Please reference the MSBA’s website, here, for further information.
After the district completes the OPM selection process, the district will commence fee negotiations with the first-ranked selection. If the district is unable to negotiate a contract with the first-ranked selection, the district will then commence negotiations with its second-ranked selection and so on, until a contract is successfully negotiated and approved by the district. The district may attend the targeted OPM Review Panel Meeting if the negotiations between the OPM and district are ongoing; however, the following must be communicated and submitted to the district’s MSBA Project Coordinator: 1.) immediately notify its MSBA Project Coordinator that the negotiations are ongoing and not expected to be completed prior to the OPM selection package due date; 2.) complete all other OPM section package materials to the satisfaction of MSBA staff; and 3.) acknowledge that the contract is forthcoming.
Upon completion of the procurement process, the district must submit a detailed narrative that outlines a district’s procurement process by the deadline that is included within a district’s OPM RFS. This information can be found on the MSBA’s website here, under “OPM Selection Process Information”. Bullets three, four and five contain the necessary documentation to complete the package’s contents, in addition to bullet six, which is the MSBA’s template OPM contract.
*Please note, the narrative must be completed as directed, with minimal (if any) omissions, particularly, in regard to the final paragraph and the required signature lines.
No, only the OPM firm should sign the MSBA standard contract after both parties agree on a fee. After the MSBA approves the selected OPM, the district may sign the contract.
No. The MSBA does not participate in the fee negotiations between a district and the selected OPM. Information that may assist a district with the negotiations of an OPM contract can be found here: Capital Planning Data and Information: Cost Data.
No, this procurement must be a qualifications-based selection process. Therefore, a district may only discuss fees during its fee negotiations with the selected OPM firm, after the selection process is completed.
The MSBA recommends that the district conduct at least three reference checks for each short-listed firm. A district should adhere to the final selection process that is stated in the district’s RFS. For more information on reference checks, please review the MSBA’s OPM Process Guidelines.
The MSBA does not recommend that a district make an informational site visit mandatory because it may limit the applicant pool.
The Total Project Cost range indicated in the RFS should be determined locally; however, the MSBA does have historic cost information of other MSBA projects on its website. Please access this information through this link: Project Information and Cost Data
Yes. The MSBA has an OPM Request for Services (RFS) Template that districts must use. Although this template is intended to be comprehensive in meeting MSBA requirements for the procurement of an OPM, each district shall be solely responsible for ensuring that its particular RFS complies with all applicable provisions of federal, state, and local law, including, but not limited to, all procurement laws. Please note that the district should allow a minimum of ten business days for the MSBA to review the RFS. Actual review time may vary.
The district should publish its advertisement for OPM services in the Central Register under the Designer Services section and in its local newspaper(s). The MSBA has a template OPM advertisement; however, the advertisement does not need to be reviewed by the MSBA. If interested in obtaining the template OPM advertisement, please contact the district’s MSBA Project Coordinator.
Yes, the OPM Review Panel meetings are open to the public.
A district must work with its MSBA Project Coordinator to schedule an OPM Review Panel Meeting that coincides with the overall OPM procurement process and the dates included within the district’s OPM RFS.
The composition of the OPM Selection Committee should be authorized by the School Building Committee, School Committee, or other local body of government as dictated by the district’s bylaws and charter. Also, the OPM Selection Committee must obtain all the required local approvals in connection with drafting and advertising the RFS. The district’s procurement administrator should be a member (voting or non-voting) of the OPM Selection Committee. The district must provide documentation of any locally required approvals to the MSBA along with information about the make-up of the OPM Selection Committee and information regarding the background of the members. If the district has questions regarding local approval procedures, the district should consult with local legal counsel.
The district’s OPM Selection Committee should conduct the OPM Selection Process. The composition of the OPM Selection Committee should be authorized by the School Building Committee, School Committee, or other local body of government as dictated by the district’s bylaws and charter. The MSBA does not participate in the OPM selection process; however, the following must be completed: 1.) the MSBA must review the Request for Services (“RFS”) prior to it being published; 2.) a district must submit the OPM Narrative (Attachment A) to the MSBA for review; and 3.) the MSBA may require that the district attend an Owner’s Project Manager Review Panel Meeting. The selected OPM must be approved by the MSBA.
Pursuant to the MSBA’s regulations, specifically 963 CMR 2.03(2)(o), the Eligible Applicant or his/her designee who will be in charge of procurement for the project is required to be designated by the Office of the Inspector General (“OIG”) as an MCPPO for Design and Construction Contracting.
The Project Director for the OPM firm and the individual directly in charge of the project for the Designer are required to obtain MCPPO Certification for School Project Designers and Owner’s Project Managers from the OIG, as set forth in 963 CMR 2.11(12) for the OPM and 963 CMR 2.12(6) for the Designer.
Please find more information on the MCPPO Certification/Recertification Requirements page of the MSBA website.
Any qualified firm interested in applying for an MSBA-funded project should check the Massachusetts Central Register and local newspapers. Applications can be submitted by, and are encouraged from, any firm that believes they are qualified to provide the requested OPM services.
No. The MSBA does not have a list of “approved” OPMs; however, the MSBA has a report that identifies firms that are currently working on an MSBA-funded project.
A district will begin its OPM selection process after the MSBA Board of Directors invites the district into the Feasibility Study phase.
Pursuant to state law, if the construction cost is estimated to be $1.5 million or greater, an OPM is required. For school construction or renovation projects seeking funding from the MSBA, the MSBA must approve the OPM. In some instances, the MSBA will require an OPM for projects under the $1.5 million threshold.
Chapter 149 of the General Laws provides that a public agency may allow an existing employee to serve as the OPM, however, they are subject to the same qualification requirements as an outside entity and the MSBA must approve all OPM’s for school construction and renovation projects. The selection and approval process is a qualifications-based process and the MSBA’s regulations require an OPM who is registered with the Commonwealth as a professional engineer or architect to have a minimum of 5 years of experience in the construction and supervision of the construction of public buildings. If a candidate is not registered with the Commonwealth as a professional engineer or architect, they must have 7 years of experience in the construction and supervision of the construction of public buildings. A candidate’s experience must be similar in type, size, dollar value and complexity to the project being considered.
Yes. The MSBA has developed an OPM Model Request for Services (RFS) that school districts may use to procure an OPM. Although this model is intended to be comprehensive in meeting MSBA requirements for the procurement of an OPM, each city, town and regional school district shall be solely responsible for ensuring that its particular RFS complies with all applicable provisions of federal, state and local law, including, but not limited to, all procurement laws.
Yes. The MSBA has developed guidelines and a standard contract for design-bid-build projects. Click on these links, OPM Selection Process Guidelines and OPM Base Contract for Design Bid Build (DBB) and Construction Manager at Risk (CM-R), to view the MSBA’s guidelines and the standard contract. Please note these documents are subject to further review and revision and may be updated from time to time.
Yes. An OPM is important when CM at Risk is employed. The OPM assists and advises the Owner as a member of the CM-at-Risk Prequalification Committee and the CM-at-Risk Selection Committee. The OPM is responsible for evaluating cost estimates provided by the CM at Risk and overseeing the CM a Risk’s involvement in the design process. In addition, the OPM plays a critical role in developing the Guaranteed Maximum Price (GMP) with the CM at Risk and auditing the CM at Risk’s job costs to ensure compliance with the contract.
Yes, the MSBA has completed this contract, it can be accessed here: OPM Base Contract for Design Bid Build (DBB) and Construction Manager at Risk (CM-R)
The selection of an OPM is subject to MSBA approval. Therefore, it is essential for school districts to contact Brian Kelley at the MSBA at 617-720-4466, to discuss the MSBA’s guidelines and any other requirements before beginning a procurement process for an OPM.
