Number 8 August 22, 1973

Number 8 August 22, 1973 Mr. Walter J. Poitrast Director of Building Construction Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Mr. Poitrast: 1 am in receipt of your request for my opinion with regard to whether the Director of Building Construction and the Secretary of Transporta- tion and Construction must comply with the procedures outlines in G. L. c. 7, § 30B when employing an architect or engineer to prepare a pre- liminary plan or specification for improvements necessary to maintain state-owned property pursuant to G. L. c. 6A, § 28. As you have stated, G. L. c. 7, § 30B establishes a Designer Selection Board and outlines the Board's authority with respect to projects under- taken by the Bureau of Building Construction. Specifically, G. L. c. 7, § 30B provides in pertinent part: "Any project subject to the control and supervision of the director of building construction . . . shall be referred by the commissioner [Commissioner of Administration and Finance] to the board, which shall promptly provide suitable public notice of the proposed project." General Laws, c. 7, § 30B further delineates the procedure for selec- tion of a designer for such projects through a process of recommenda- tion made by the Board to the Commissioner of Administration and Fi- nance who has ultimate responsibility in appointing a designer. See 1965-66 Op. Atty. Gen. 151. The procedure outlined by G. L. c. 7, § 30B clearly must be followed in approving a designer for "any project" subject to control of the Director of Building Construction. General 62 P.D. 12 Laws, c. 6A, § 22 enacted simultaneously with G. L. c. 7, § 30B, in- cludes within such projects "all building construction projects" meeting three specific criteria as to (1) source of funding, (2) estimated cost, and (3) type of construction or repair. The procedures of G. L. c. 7, § 30B, then, must be followed before a designer can be selected to undertake an actual construction project subject to the control and supervision of the Director of Building Construction. On the other hand, G. L. c. 6A, § 28 specifically deals with examina- tion of requests for projects pursuant to G. L. c. 29, § 7 and for de- velopment of projects of his own by the Director of Building Construc- tion, ''whenever in his judgment the maintenance of state-owned prop- erty requires such improvements to prevent deterioration or costly fu- ture repair." (Emphasis supplied.) That G. L. c. 6A, § 28 is addressed to preliminary study of potential construction projects in which the Di- rector of Building Construction has authority to employ architects, en- gineers, etc. on a temporary basis without any proceeding before the Designer Selection Board, is clear from the following language of that section: "Said director shall cause to be made and filed with him preliminary plans and descriptive specifications sufficient for a careful estimate by a competent expert; and for such pur- pose such sums as may be appropriated or otherwise made available therefor may, with his approval, be expended and he may, with the approval of the secretary, employ temporar- ily such architects, engineers, contractors and consultants as may be necessary."' (Emphasis supplied.) Thus, such preliminary studies are not "projects" for the purposes of G. L. c. 7, § 30B, and as defined in G. L. c. 6A, § 22, but rather they are initial steps in estimating costs of potential projects. The em- ployment of temporary designers for such preliminary studies is within the discretion of the Director of Building Construction and the Secretary of Transportation and Construction. Accordingly, it is my opinion that the Director of Building Construction and the Secretary of Transporta- tion and Construction need not comply with the procedures delineated in G. L. c. 7, § 30B when appointing temporary architects for the limited purposes authorized by G. L. c. 6A, § 28. Very truly yours, ROBERT H. QUINN Attorney General P.D. 12 63