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. 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.
Q. Does the MSBA have a model Request for Services (RFS) for the procurement of an OPM by a school district?
A. 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.
Q. Does the MSBA have 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 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.
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 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.
Q. Does the MSBA have any plans to develop a standard contract for a Construction Manager at Risk project?
A. 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)
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 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.
