Section 84

Section 84 MassDOT A+B Bidding

Notwithstanding the first sentence of subsection (a) of section 39M of chapter 30 of the General Laws, a transportation or public works project subject to award under said section 39M of said chapter 30 by a department, agency or authority of the commonwealth that is expected to interfere with the movement of traffic or the traveling public may, in the discretion of the awarding authority, be procured through a bidding method that awards the project to the responsible and eligible bidder with the lowest bid value after taking into account the amount of time that the bidder has identified in the bid for completion of the project, or cost-plus-time bidding procurement method; provided, however, that any such awarding authority may reject any bid if it is in the public interest to do so. The Secretary of Transportation shall promulgate rules and regulations necessary to implement this section.

The General Laws generally applicable to public works projects including, but not limited to, sections 26, 27, 27A, 27B, 27C, 27D, 27F and 34A of chapter 149 of the General Laws and sections 39F, 39G, 39H, 39J, 39K, 39M, but excluding the first sentence of subsection (a) of said section 39M, 39N, 39O, 39P and 39R of chapter 30 of the General Laws shall apply to all public works projects using the cost-plus-time bidding procurement method provided for in this section.

Summary

This section allows MassDOT to utilize the alternative contract method of "A+B" or "cost-plus-time" bidding.