Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.05 - Statement of Interest Process

Current through Register 1525, July 5, 2024
(1) To be considered
			 by the Authority to participate in the Authority's grant program, an Eligible
			 Applicant shall submit a Statement of Interest to the Authority according to
			 the schedule set by the Authority or in accordance with the Emergency Statement
			 of Interest process set forth in
			 963
			 CMR 2.05(9). Any Statement
			 of Interest which is received after the deadline established by the Authority,
			 or which is not completed to the satisfaction of the Authority, may not be
			 considered by the Authority during that Statement of Interest assessment
			 period. The submission of a Statement of Interest in no way commits the
			 Authority to accept any Application materials, approve an Application, provide
			 a grant or any other type of funding, or places any other obligation or
			 requirement upon the Authority. The Authority expects that the Statement of
			 Interest can be completed at no cost to the Eligible Applicant, and any costs
			 incurred by an Eligible Applicant in connection with considering, completing
			 and/or submitting a Statement of Interest to the Authority shall not be
			 eligible for reimbursement by the Authority and shall be borne solely by the
			 Eligible Applicant. Design documents, plans, schematics or drawings will not be
			 accepted by the Authority with any Statement of Interest submission to the
			 Authority.
(2) Statements of
			 Interest will be reviewed by the Authority for the Core Program or the
			 Accelerated Repair Program or any other programs that may be established by the
			 Authority. A Statement of Interest will be reviewed in the cohort of Statements
			 of Interest received during a specified Statement of Interest assessment
			 period.
(3) No Statement of
			 Interest shall be considered by the Authority unless said Statement of Interest
			 has been submitted in compliance with the provisions stated in the Statement of
			 Interest, including an approval by a vote of the appropriate governing bodies
			 of the Eligible Applicant, which in the case of a regional school district
			 shall be the regional school committee.
(4) The Authority shall review Statements of
			 Interest pursuant to the priority criteria established by M.G.L. c. 70B,
			 including but not limited to M.G.L. c. 70B, §§ 6, 8, and 9(a). The
			 Authority shall review all properly submitted Statements of Interest in the
			 context of the Authority's Enrollment Projections for the Eligible Applicant,
			 general building condition data collected by the Authority and any other
			 information or data as the Authority may deem to be necessary for review. The
			 Authority shall notify an Eligible Applicant if the Authority determines that
			 the Statement of Interest has not met the criteria established in M.G.L. c.
			 70B, §§ 6, 8, and 9(a).
(5) If the Authority determines that the
			 Statement of Interest and any associated material merit further consideration,
			 the Authority may, in its sole discretion, invite the Eligible Applicant to
			 apply to the Authority for a school facilities grant to meet a portion of the
			 cost of a school project. A city, town, regional school district or independent
			 agricultural and technical school shall have no entitlement to any funds from
			 the Authority. If the Authority determines, in its sole discretion, that a
			 Statement of Interest does not merit further consideration by the Authority,
			 the Eligible Applicant shall not be eligible to apply to the Authority for a
			 Proposed Project related to said Statement of Interest in that Statement of
			 Interest assessment period.
(6)
Facilities Assessment
.
(a) The Authority may determine that a study
			 is necessary to understand the extent of deficiencies outlined in the Statement
			 of Interest. The Authority, in cooperation with the Eligible Applicant, may
			 conduct a study of the facility addressed in the Statement of Interest or any
			 facilities relevant to the facility addressed in the Statement of Interest, as
			 determined by the Authority.
(b)
			 The study, if any, shall be conducted by the Authority in a format and manner
			 prescribed by the Authority and the Authority shall pay for a portion of the
			 costs of conducting such study, in accordance with M.G.L. c. 70B, 963 CMR 2.00,
			 and other guidelines of the Authority, provided that the Eligible Applicant
			 fully cooperates with the Authority in conducting such study. The Eligible
			 Applicant shall provide complete access to its school facilities for the
			 purposes of conducting a study. In the event that the Eligible Applicant does
			 not cooperate with the Authority in conducting a study, which, in the
			 reasonable judgment of the Authority results in a delay of the study or a delay
			 in the Application process, the Authority may decline further consideration of
			 the Eligible Applicant's Application, require that the Eligible Applicant pay
			 for all or a portion of said study, and/or deduct a portion or all of the cost
			 of the study from any Total Facilities Grant for which the Eligible Applicant
			 may receive approval from the Authority or from any other funds provided to the
			 Eligible Applicant from the Authority.
(c) The study shall include an assessment of
			 the Eligible Applicant's maintenance process and a review of the maintenance
			 practices and procedures in place at the school and district level. Such
			 maintenance review shall be conducted in a format and manner prescribed by the
			 Authority and the information collected at this time shall be used as part of
			 the assessment of incentive percentage points for maintenance ratings, if any,
			 that may be made available by the Authority to an Eligible Applicant pursuant
			 to M.G.L c. 70B, § 10.
(d) At
			 the conclusion of such study, the Authority may determine that the Application
			 does not warrant further consideration at that time, pursuant to the priority
			 criteria established in M.G.L. c. 70B, including but not limited to M.G.L. c.
			 70B, §§ 6, 8, and 9(a).
(e) The Authority shall bear no
			 responsibility for a decision not to undertake a study or the results of any
			 study undertaken. In the event that the Authority decides to conduct a study,
			 the conducting of said study shall in no way be construed, interpreted or
			 deemed to imply any responsibility on the part of the Authority for the results
			 of said study, nor shall the Authority assume any duty or responsibility with
			 respect to the maintenance, renovation, repair, or construction of any school
			 facility that may be assessed. In the event that the Authority decides to
			 conduct a study, the Authority shall not be responsible for identifying any
			 unsafe or unhealthy facility conditions.