PROJECT ADVISORY 13: REMINDER NOTICE REGARDING CERTAIN FUNDING REQUIREMENTS FOR THE FRONT END CONSTRUCTION DOCUMENTS
MSBA Funding Requirements*
In connection with receiving funding from the Massachusetts School Building Authority (“MSBA”) for a school construction, renovation or repair project, a city, town or regional school district (the “District”) must meet certain requirements and include certain language in the front end construction documents. These requirements are set forth in the Project Funding Agreement (“PFA”) and include: compliance with all federal, state, and local laws (PFA section 3.17); compliance with the Davis Bacon labor standards (PFA section 3.32 and Exhibit J); compliance with conflict of interest laws (PFA section 4.14); compliance with insurance requirements (PFA sections 9.1 through 9.11 and Exhibit G). Districts should refer to the PFA for a full listing of all requirements. MSBA funding does not have a “Buy American” requirement. Please also note that the construction contract must comply with Massachusetts law, as revised by the 2004 Construction Reform Act, including compliance with minority and women-owned business percentages. A District should seek the advice of its local counsel to determine whether there are any additional requirements that are particular to the local source of funding that the District is using to fund its share of the project cost.
*Please note that the MSBA has been including the provisions noted above in all project funding agreements, with only a few exceptions, since June, 2010. Each District should review its PFA for the specific references noted. If you have any questions, please contact your MSBA Project Manager.
