State Survey of P3 Authorizing Statutes: Massachusetts

Mass. Gen. Laws ch. 6C, §§ 1 to 75

Summary

The law allows the board of directors of MassDOT to solicit proposals and enter into contracts for design-build-finance-operate-maintain or design-build-operate-maintain services with the responsible and responsive offeror submitting the proposal that is most advantageous to the department through the sale, lease, operation, and maintenance of a transportation facility. The law provides for a P3 oversight commission to approve proposals for such projects.

Surety Bond Requirements:

The law requires the P3 agreement to include a plan for the operator to obtain a labor and material bond, as described in the Little Miller Act, for the construction, reconstruction, or maintenance work on a P3 project.

Excerpt:

Mass. Gen. Laws ch. 6C § 64

“(c) A public-private agreement under sections 62 to 73, inclusive, shall provide for the following:

…

(26) the operator’s plans to obtain a labor and material payment bond, in accordance with section 29 of chapter 149, covering all construction, reconstruction or maintenance, including capital maintenance, work of the project, and require the payment of prevailing wages for labor performed on the project in accordance with sections 26 to 27H, inclusive, of said chapter 149;”