Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.03 - General Requirements

Current through Register 1525, July 5, 2024
(1) To achieve the
			 effective planning, management and financial sustainability of a program to
			 partially fund the construction, renovation, addition or repair of municipally
			 or regionally owned school facilities located in cities, towns and regional
			 school districts, the Authority hereby sets forth the minimum requirements
			 which shall be met, the standards which shall be applied, and the procedures
			 which shall be followed in the application for, and awarding of, Authority
			 school building grants. Any project must meet the criteria set forth for
			 projects pursuant to M.G.L. c. 70B including, but not necessarily limited to,
			 M.G.L. c. 70B, §§ 6(a)(1) through (6), (8) and 9(a).
(2) A Proposed Project for which the
			 estimated total budget is less than $250,000, as determined by the Authority,
			 shall not be eligible for approval by the Authority as an Approved Project and
			 the Authority shall have no obligation to provide a review of a Statement of
			 Interest or any Application materials for said Proposed Project, and any
			 Application materials submitted by the Eligible Applicant shall not warrant
			 further consideration.
(3) For any
			 proposed project for which a Total Facilities Grant is requested from the
			 Authority, the Eligible Applicant shall certify that the following requirements
			 have been or will be met. Such certifications shall be in a format and manner
			 that is acceptable to the Authority.
(a) The
			 Eligible Applicant shall certify to the Authority that the Authority's
			 interests in partially funding a municipally or regionally owned public school
			 construction project will be safeguarded.
(b) Any project for the construction of a new
			 school facility, or for the addition to or renovation of an existing school
			 facility for which an Eligible Applicant is seeking partial funding from the
			 Authority shall have an anticipated useful life of at least 50 years as a
			 public school in the Eligible Applicant's school district.
(c) The Eligible Applicant has submitted all
			 Audit Materials that have been requested by the Authority or are otherwise due
			 to the Authority, has a signed Project Funding Agreement for any other Assisted
			 Facility or Approved Project as requested by the Authority, that the Eligible
			 Applicant is current on any payments which it may owe to the Authority and that
			 the Eligible Applicant has submitted all documentation or information required
			 or requested by the Authority.
(d)
			 The Eligible Applicant shall be current on any payments which it may owe to the
			 Authority.
(e) The Eligible
			 Applicant shall have submitted all documentation or information required or
			 requested by the Authority.
(f) The
			 Eligible Applicant shall not submit a Statement of Interest or an Application
			 that is a result of lack of maintenance or negligence caused by the Eligible
			 Applicant.
(g) All projects shall
			 be designed to minimize vandalism, and materials and furnishings shall be
			 selected to minimize vandalism.
(h)
			 All projects shall provide for equality of educational opportunity without
			 discrimination on account of sex, race, color, religion, gender identity,
			 sexual orientation or national origin, and shall meet the requirements of
			 M.G.L. c. 76, § 5 and 603 CMR 26.00.
(i) All projects shall comply with all
			 applicable provisions of federal, state, and local law relative to the
			 accessibility of programs and facilities to persons with
			 disabilities.
(j) All projects
			 shall have undergone review, in accordance with applicable state law and
			 regulations, to the extent applicable to the project, by the Massachusetts
			 Historical Commission, the Executive Office of Energy and Environmental
			 Affairs, and any other department or agency of the Commonwealth required by law
			 to review such projects. The Eligible Applicant shall provide to the Authority
			 written documentation of the reviews conducted herein in such detail and in
			 such format as the Authority shall require.
(k) All projects shall have undergone review,
			 in accordance with applicable federal, state and local or district charters,
			 by-laws, ordinances or regulations, including but not limited to conservation,
			 fire prevention, water, sewer or building code requirements. The Eligible
			 Applicant shall provide to the Authority documentation of the reviews conducted
			 herein in such detail and in such format as the Authority may
			 require.
(l) All Eligible
			 Applicants shall demonstrate that they have identified any collaborative
			 programs in the school district not currently housed in public school
			 facilities, and have reviewed any such programs to determine if students in
			 such programs can be better served by the project.
(m) All Eligible Applicants shall acknowledge
			 and assume responsibility for the administration and success of an Approved
			 Project. The provision of technical advice, guidance, approvals, or funds, if
			 any, by the Authority shall not in any way be construed, interpreted or deemed
			 to imply that the Authority shall have any responsibility for the
			 administration or success of the Approved Project.
(n) All Eligible Applicants shall certify
			 that Total Facilities Grants awarded by the Authority pursuant to M.G.L. c. 70B
			 and 963 CMR 2.00, if any, shall be used in conformance with M.G.L. c. 70B and
			 St. 2004, c. 208, the provisions of the Project Funding Agreement and any other
			 documents, contracts, forms, statements, certifications or other documents
			 required by the Authority, to achieve the grant objectives and to insure that
			 the purposes set forth I n M.G.L. c. 70B and 963 CMR 2.00 are fully
			 executed.
(o) All Eligible
			 Applicants shall submit documentation supporting the anticipated impact on
			 operating costs of implementing the project in such detail and format as
			 required by the Authority, including but not limited to, an estimate of the
			 costs of additional maintenance spending required of the Eligible Applicant,
			 the costs of additional instructional or support staff spending, additional
			 utility costs, the costs of additional transportation, if any, and the
			 estimated revenue, if any, from the sale or lease of any school facility
			 decommissioned as a result of implementing the project.
(p) All Eligible Applicants shall use the
			 standard forms, standard format for local votes or approvals, standard
			 contracts, standard clauses for contracts, and any other standard forms,
			 contracts or other language as developed by the Authority.
(q) The Eligible Applicant shall certify to
			 the Authority, in a format and manner prescribed by the Authority, that the
			 Eligible Applicant, or his designee who will be in charge of procurement for a
			 project as approved by the Authority, is designated as a Massachusetts
			 Certified Public Purchasing Official in the Massachusetts Certified Public
			 Purchasing Official Program as administered by the Inspector General of the
			 Commonwealth of Massachusetts ("MCPPO Designation"). In order to maintain the
			 MCPPO Designation, an individual who has attained an MCPPO Designation shall be
			 required to earn continuing education credits, attend seminars administered by
			 the Office of the Inspector General, and apply for MCPPO Designation Renewal
			 during the three year period following the designation date and every three
			 years thereafter.
(r) All Eligible
			 Applicants shall ensure that procurements and contracts shall be procured using
			 applicable state procurement and public contract laws.
(s) All Eligible Applicants shall ensure that
			 any parties procured and contracted by them to perform work on an Approved
			 Project are in compliance with M.G.L. c. 268A, whenever applicable.
(t) All Eligible Applicants within the Core
			 Program shall review the Authority's Collaborative Purchasing Program to assess
			 whether this Program is beneficial to the District.
(u) All Eligible Applicants within the Core
			 Program shall review the Model School Program and investigate whether a Model
			 School should be studied during Feasibility Study. (v) The Authority may
			 require that the Eligible Applicant make additional certifications related to a
			 proposed project. Such certifications shall be provided in a format and manner
			 that is acceptable to the Authority.