reglab/housing_qa huggingface dataset:
MA Gen L ch 7c § 20 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 20 - Submission of Costs and Pricing Data to Be Used When Negotiating Adjustments for Change Orders or Other Contract Modifications

Section 20. The contractor shall submit, in accordance with regulations of the commissioner, cost and pricing data to be used when negotiating adjustments for change orders or other contract modifications. Such cost and, pricing data shall be based on generally accepted accounting principles and be in conformity with the guidelines promulgated by the commissioner. Cost estimators employed within the division of capital asset management and maintenance shall review and evaluate cost and pricing data submitted by the contractor.  The contractor shall certify that, to the best of his knowledge and belief, the cost and pricing data submitted was accurate, complete, and current as of the date of submission. Any change order or contract modification under which a certificate is required shall contain a provision that the price to the commonwealth, including profit or fee, shall be adjusted to exclude any significant sums by which the commonwealth finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submission.  Section 13 of chapter 258 and section 67A to section 67C, inclusive, of chapter 266, shall fully apply to the cost and pricing data certification requirements of this section.
MA Gen L ch 7c § 21 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 21 - General Principles Applicable to Equitable Adjustments

Section 21. Equitable adjustments in the contract price negotiated pursuant to section 19 or as part of a contract modification shall be made in accordance with the general principles in this section. The commissioner shall promulgate regulations designed to implement this section.  (1) Adjustments in the contract price shall be made to the maximum extent feasible on a fixed price basis prior to the execution of the change order or contract modification, if this can be done without adversely affecting the interests of the commonwealth.  (2) Where a fixed price cannot be set due to difficulty in estimating the scope of the change ordered, adjustment may be made on a lump-sum guaranteed maximum price basis calculated by use of unit prices specified in the contract or agreed upon by the parties.  (3) Cost reimbursement or time-and-materials methods of price adjustment shall not be used, except where, in the written opinion of the commissioner, no other pricing method is possible. When such pricing method is used, the contractor shall provide complete and accurate information disclosing the costs incurred in performing changes. The contractor shall maintain separate accounts, by job order or other suitable accounting procedure, of all segregable direct cost of work, both changed and not changed, allocable to the change. The commissioner shall promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs.
MA Gen L ch 7c § 23 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 23 - Acceptance of Federal Funds or Assistance

Section 23. The director may, with the approval of the commissioner and the governor, accept on behalf of the commonwealth any federal funds or assistance for financing the cost of plans and specifications for any project.  If such funds or assistance shall be appropriated for aiding construction of any project, the director may, with like approval, apply for the same and may, with the approval of the governor, accept the same on behalf of the commonwealth. Any project so aided shall be executed in all respects subject to applicable federal laws and rules and regulations and also to the applicable provisions of this chapter not inconsistent therewith.
MA Gen L ch 7c § 24 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 24 - Office of Facilities Management; Director of Facilities Management; Inventory of Buildings

Section 24. There shall be located within the division of capital asset management and maintenance an office of facilities management, headed by a director of facilities management. The director shall be appointed by the commissioner, with the approval of the secretary of administration and finance, and may be removed in like manner. Said office shall not be subject to section 9A of chapter 30 or chapter 31. No person shall be appointed director of said office unless at the time thereof said person shall be registered by the commonwealth as an architect or professional engineer pursuant to chapter 112 and shall have proven ability and extensive experience in the management and oversight of operation, maintenance and repair of buildings.  The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner's approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter 31 or to section 9A of chapter 30. The director shall appoint, subject to the commissioner's approval, all other officers and employees of said office.  The director shall develop, in cooperation with the commissioner and using agencies, an inventory of buildings owned or otherwise occupied by state agencies and building authorities. Said inventory may detail the age, condition, type of construction, and physical life expectancy of each building and its major structural components. The inventory shall be updated as repairs, replacements and alterations are performed. Said inventory shall be filed by the commissioner by February 15 yearly with the clerks of the house of representatives and senate, and with the joint committee on state administration and regulatory oversight, and shall be a public document available for general distribution. The director shall recommend to the commissioner standards and guidelines governing the type of information to be included in said inventory, which shall be properly coordinated with the real property inventory established and maintained pursuant to section 38.
MA Gen L ch 7c § 25 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 25 - Control of Supervision of Projects by the Director of Facilities Management

Section 25. The director shall control and supervise all projects allocated to the office of facilities management by the commissioner pursuant to section 5. All of said projects shall be subject to the procedures and requirements set forth in sections 13 through 23, except that the director may recommend to the commissioner regulations governing the extent of representation of the commonwealth by the resident engineer required on the site of construction projects. The director shall, consistent with sections 13 through 23, develop and recommend to the commissioner procedures and requirements for control and supervision of said projects commensurate with the specialized nature of those projects.
MA Gen L ch 7c § 27 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 27 - Building Projects Performed at One or More Using Agencies and Controlled and Supervised by the Office of Facilities Management

Section 27. The director may, with the approval of the commissioner, initiate capital budget requests for building projects to be performed at one or more using agencies and controlled and supervised by the office of facilities management. Such projects may include, but not be limited to: (a) projects designed to alleviate, through a single undertaking or a series of undertakings, problems of a common nature encountered in buildings of more than 1 using agency; (b) projects to correct problems which require immediate attention, where the using agency has failed to include the project in its capital budget requests for the year, or has given such a request low priority; and (c) such other projects as the director may, with the approval of the commissioner, designate, including energy conservation projects, handicapped access projects, and fire, health and safety projects.
MA Gen L ch 7c § 28 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 28 - Duties and Responsibilities of Director of Facilities Management

Section 28. As used in this section, ''using agencies'' shall mean state agencies and building authorities.  The director of facilities management shall: (1) develop, in cooperation with individual state agencies and building authorities, policies, standards, programs and schedules governing the performance of preventive maintenance; (2) develop preventive maintenance training programs for state agency and building authority personnel; (3) evaluate the status of preventive maintenance programs at each state agency and building authority; (4) review using agency maintenance operating budget requests together with maintenance reports submitted pursuant to section 3 of chapter 29 for the purpose of evaluating the priority, necessity, feasibility and appropriateness of said requests; (5) review using agency capital budget requests for repair projects and make recommendations to the commissioner as to those projects of each using agency that should be given funding priority; (6) recommend to the commissioner standards and guidelines for the control and supervision of repair projects controlled and supervised by using agencies; (7) advise the commissioner as to those methods available for the repair of deteriorating buildings, including the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation or rehabilitation; (8) advise the commissioner as to maintenance and repair difficulties encountered in using agency buildings that may be due to faulty design or construction of new facilities; (9) advise the commissioner as to the feasibility and costs of renovating or rehabilitating for state use structures that have been certified historic landmarks, as provided by sections 26 to 27C of chapter 9, that have been listed in the National Register of Historic Places, as provided by 16 U.S.C. 470a, or that have been designated landmarks by the local governing authority; (10) advise the commissioner as to changes in operations and maintenance costs and operational and repair difficulties that may result from using agency proposals for alteration or conversion of existing facilities; and (11) assist using agencies in evaluating maintenance and repair problems and devising and implementing solutions.
MA Gen L ch 7c § 30 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems

Section 30. The director of facilities management shall make provision, as part of development of an inventory of buildings owned or otherwise occupied by state agencies or building authorities pursuant to section 24, for evaluation of the energy consumption of each building and its major energy using systems. The director may, with the approval of the commissioner and subject to appropriation or allocation, hire consultants for the purpose of performing energy audits designed to determine the need for energy conservation projects.  The director shall recommend to the commissioner standards and guidelines governing energy conservation maintenance and operating procedures.  The director shall in conjunction with the commissioner of energy resources set priorities and energy efficiency standards for all state buildings and conduct energy audits of said buildings. The bureau may contract with professional consulting firms to perform the energy audits.  All energy conservation projects within the jurisdiction of the division) of capital asset management and maintenance as defined by section 4, including projects funded out of any lump-sum energy conservation fund or account, shall be fully subject to this chapter except that alternative energy property program projects authorized pursuant to section 11 of chapter 25A shall not be subject to sections 11 and 12, sections 13 to 28, inclusive, or this section.
MA Gen L ch 7c § 31 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 31 - Evaluation of Potential for Increasing Energy Efficiency in Buildings Owned or Leased by an Authority or State Agency

Section 31. The division of capital asset management and maintenance shall evaluate the potential for increasing the energy efficiency in each building owned by an authority or state agency, or leased by such authority or agency for at least a 10 year period. Energy efficiency measures, as used in this section shall include, but not be limited to, heating, air-conditioning, lighting, water, and electric systems powered by coal, electricity, natural gas, oil.  The annual energy cost savings realized by each authority or agency shall be retained in that the authority or agency utility account and applied to additional energy efficiency measures in subsequent years.  Actions taken by the division of capital asset management and maintenance in accordance with this section shall be coordinated with ongoing energy conservation projects in state-owned or leased buildings. Utility programs offering energy auditing services shall be used whenever appropriate.  The term ''authority'' used in this section shall not include authorities of cities or towns, such as local housing projects.
MA Gen L ch 7c § 32 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 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

Section 32. Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer to the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital asset management and maintenance, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter 185 in the name of a state agency or the board of trustees of a state agency or similar board of a state agency. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the commonwealth.  The commissioner shall exercise the powers stated in this chapter, notwithstanding the delegations under certain terms and purposes which the general court has made pertaining to the acquisition, control, and disposition of real property. The commissioner shall not make any acquisition of real property on behalf of a state agency by eminent domain or make any such delegation of power to acquire real property by eminent domain to any state agency unless such state agency is otherwise authorized by law to exercise the power of eminent domain. The commissioner may delegate to state agencies responsibility for the acquisition, control, and disposition of real property as provided for in this chapter; except that the commissioner may not delegate responsibility for determining that property is surplus to state needs as required in section 33. When responsibility is delegated to a state agency, the written approval of the commissioner shall be required before the transaction is completed, and a copy of said written approval shall be sent to the joint committee on state administration.
MA Gen L ch 7c § 35a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease

Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administrator, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions.  (b) The commissioner may, on behalf of a state agency or the administrative office of the trial court, renegotiate an existing facility's lease by that agency or office, which was procured pursuant to this chapter, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of that lease beyond the 10–year limitation in section 35; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. Before executing an extension of the lease under this section, the commissioner shall make a written determination that the renegotiated lease provisions are favorable to the commonwealth based on a cost-benefit analysis.
MA Gen L ch 7c § 37 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 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

Section 37. At least 120 days prior to any purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property by the commonwealth on behalf of state agencies, the commissioner of capital asset management and maintenance shall notify in writing, for each city or town in which the real property is located: the city manager in the case of a city under Plan E form of government, the mayor and the city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency, and the members of the general court. Such 120 day notification requirement may be shortened if: (1) the public officials referred to above agree to reduce the 120–day period upon the request of the commissioner; or (2) the commissioner certifies in writing that an emergency exists, provided that commissioner shall submit his certification to and notify the appropriate local officials of any such transaction at the first possible opportunity. The notice shall include a statement of the present use, the reason for the proposed action, and the proposed use of the property. The commissioner shall at least 60 days prior to any such purchase, sale, rental, lease, transfer, or significant change in use of one or more acres of real property, cause a public hearing to be held, after giving timely notice, in the city or town where such real property is located for the purpose of disclosing the conditions or reasons for the proposed action.
MA Gen L ch 7c § 38 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 7c - Capital Asset Management and Maintenance|Section 38 - Disclosure Statement Required for the Rental or Sale or Purchase of Real Property to or From a Public Agency

Section 38. No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. This section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than 10 per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee's interest is held by the organization of unit owners of a leasehold condominium created under chapter 183A, and time-shares are created in the leasehold condominium under chapter 183B, this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than 3 per cent of the votes entitled to vote at the annual meeting of such organization of unit owners.  A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within 30 days of such change.  Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.  The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.