Owner's Project Manager FAQ's

Owner’s Project Manager Frequently Asked Questions

Q.  Is an Owner’s Project Manager (OPM) required for every school construction project that moves forward in the MSBA Process?

 A.  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.

Q.  If our district has someone on staff that we believe would qualify as an OPM, can we appoint this person as the OPM for a proposed project?

A.  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, school buildings in particular.  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, school buildings in particular.  A candidate’s experience must be similar in type, size, dollar value and complexity to the project being considered.

Q.  Does the MSBA have plans to develop a model Request for Services (RFS) for the procurement of an OPM by a school district?

A.  Yes.  The MSBA has developed a model 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.  Click on this link, Model RFS, to view the MSBA’s model RFS for OPMs. 

Q.  Does the MSBA have plans to develop guidelines and a standard contract for the procurement of an OPM by a school district?

A.  Yes.  The MSBA has developed guidelines and a standard contract for design-bid-build projects.  Click on these links, OPM Guidelines and MSBA Contract for OPM Services (Design-Bid-Build Project), 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.  For example, the MSBA is currently reviewing the insurance and indemnification requirements for architects, contractors, owner’s project managers and other independent contractors and vendors.  

Q.  If our district decides to use the Construction Manager at Risk (“CM at Risk”) delivery method, as allowed under the Commonwealth’s 2004 construction reform law, do we still have to hire an OPM?

 A.  Yes.  An OPM is important when CM at Risk is employed.  The OPM must ensure that a qualifications-based selection process is used to choose the CM at Risk.  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.

Q.  Does the MSBA have any plans to develop a standard contract for a Construction Manager at Risk project?

A.  Yes.  The MSBA is currently modifying its standard contract to reflect the services needed for a Construction Manager at Risk project.  This is still in development and subject to further review and final approval before publication.  The MSBA hopes to make this contract available on the MSBA’s website soon. 

 Q.  What should our district do prior to beginning the procurement process for an OPM?

A.   The selection of an OPM is subject to MSBA approval.  Therefore, it is essential for school districts to contact Mary Pichetti, the MSBA’s Director of Construction Management, at 617-720-4466, to discuss the MSBA’s guidelines and any other requirements before beginning a procurement process for an OPM.