DEC logoCHAPTER 498
THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Ninety-three
AN ACT CREATING THE DEVENS ENTERPRISE COMMISSION

SECTION 13. Competitive Proposals

The Bank shall solicit competitive proposals from the Towns and from other qualified businesses and entities to provide, on a contractual basis, the services required by the Bank for police protection and fire protection at Devens. Likewise, the Bank may solicit competitive proposals from the Towns and from qualified businesses and entities for any other services required by the Bank for the operation, maintenance or development of Devens. A Town may submit a proposal to provide the Bank with the services requested in its own name, jointly with one or both of the other Towns, or jointly with another public or private entity or entities. The Bank shall select proposals that it -determines will be in the best interests of operating and maintaining Devens, provided that the Bank shall select a proposal submitted jointly or individually by a Town if the Bank determines that said proposal is substantially equivalent to the proposal that would have otherwise been selected by the Bank.

Any design, construction, reconstruction, or modification of the Devens wastewater treatment facilities and sewage system at Devens may be carried out in its own name and right or may be contracted by It, in whole or in part, with any other public or any private party. After a competitive process which, among other things, takes into consideration price, qualifications, and performance goals and which is consistent with the competitive procurement rules established by the board of directors of the bank, the bank may enter into contracts, not to exceed 30 years in duration, with any public or private party relating to any development or redevelopment of the Devens wastewater treatment and sewerage system, and which may provide for payments by the bank which are guaranteed as to amount or duration, with or without regard to whether any particular service or utility is provided, constructed or undertaken, or, if provided, constructed or undertaken to make available for the purposes thereof such buildings, structures, utility systems, including pipes, drains, pumping stations, conduits, wires, cables, and similar ancillary installations, and other works as may be required for the redevelopment of such wastewater treatment and sewage system. The provisions of any general or special law or regulation relating to the advertising, bidding, or award of contracts, to the procurement of services or to the construction and design of such improvements, shall not be applicable to any contract or work entered into or undertaken pursuant to this section for the development or redevelopment of said system at Devens except that the provisions of sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall be applicable and in any contract which requires or permits any contracting party to independently undertake to provide any public building or public work required for the wastewater treatment facilities and sewage system at Devens, the bank shall require such contracting party to comply with the provisions of said sections 26 to 27H, inclusive; provided, however, that no such contract shall be or constitute an obligation of the commonwealth beyond any amount appropriated therefor; and provided, further, that the provision of services or other works contemplated thereby shall remain subject to a provisions of law and regulation intended to regulate the provision of such services or works, including, but not limited to, all laws and regulations relating to the protection of the environment and all public health laws and regulations.7

All actions directly taken by the Massachusetts government land bank or through the Devens commerce center established by aid bank to prepare, publish, receive prepare, publish, receive responses under and conduct evaluations of responses and commence preliminary negotiations with certain responders to the request for statements of qualification and expressions of interest for purchase or lease, management, operation, and maintenance, of the Devens wastewater treatment facilities and sewage system, dated October 25, 1996, are validated and I confirmed and, under and pursuant to this act the Massachusetts government land bank is authorized to continue and to bring to completion the procurement process represented thereby.8

7This paragraph added by Section 3 of Chapter 266 of the Acts of 1998.
8This paragraph added by Section 4 of Chapter 266 of the Acts of 1998.


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