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 FAQ
What is the Designer Selection Panel (DSP)? The DSP is an 11 member panel consisting of 5 Massport members and 6 outside members that is responsible for selecting consultants to provide "design services" to Massport for all of its public building projects. Of the 5 Massport members, 3 are standing members defined by position and the other 2 are project specific. Why do we have the Designer Selection Panel? The easiest and simplest answer is because it's required by the law in Massachusetts. But to explain a little further, the Massachusetts General Laws, more specifically Chapter 7, section 38A1/2, define the process by which consultants who provide "design services" related to public building projects are selected by awarding authorities. The statute requires that all such selections be done by the state's Designer Selection Board (DSB) unless an awarding authority applies for and receives an exemption from the jurisdiction of the State's DSB. Massport has an exemption from the State DSB, however, each exemption is only valid for a 2 year period. As a result, Massport must apply for a renewal of their exemption every 2 years. Exemptions are only granted if awarding authorities can meet a number of criteria. The most important of which is that the awarding authority's designer selection process and its written designer selection procedures must closely follow those procedures set out in the statute. Further, the designer selection procedures must be reviewed and approved by the state's DSB. These procedures very carefully spell out the make-up of the panel, how the outside DSP members are appointed and how the panel should conduct business. An additional requirement is that the awarding authority must submit a semi-annual report outlining all of the actions taken by its designer selection panel in the previous 6 months. What are "design services"? This is important because design services, again as defined by the statute not by Massport, encompass more than what we usually think of when we talk about design. Many times project managers think that since their consultant isn’t going to be doing any design, that the DSP is not involved in the selection. But, it's not always that simple. We always need to take a closer look and see exactly what it is we want the consultant to do for us to determine if what we’re looking for is within the following statutory definition of "design services":
Does my project have to be advertised in the central register? Yes. At a minimum, all Requests for Qualifications must be advertised in the Central Register, the Boston Globe and the Boston Herald. However, Legal Notices can also be advertised in other publications, if appropriate. If you are planning on advertising more broadly, it's important to coordinate the publishing schedules and to check out the costs associated with some of these national publications. Many only publish once a month or less frequently and can be quite expensive. Isn't it true that consultants providing any of these design services have to meet certain professional registration requirements? Yes and no. The statute which allows us to select either a designer or a programmer or a construction manager, only requires that designers meet the registration requirements including the requirement that the majority of the prime's board of directors must be registered architects or engineers in Massachusetts. Although it's usually pretty clear when we are selecting a CM, the confusion is associated with selecting a designer versus a programmer. The key is that a designer can provide any or all design services. But a programmer can only provide studies, surveys, soil testing, cost estimates or programs. Although surveys, soil testing and cost estimates seem to be well defined, it's not always clear just what a study or a program or a master plan involves. The statute does define these terms but even the definitions don't always provide additional clarification;
Program - involves a document which defines a project in terms of content, time and cost so that it provides a clear reference for the design and implementation process Master plan - involves a study or a description of a group of buildings or any large multi-faceted project which is intended to ensure that the various components of the project shall be compatible and that the project as a whole shall be compatible with its surroundings What if I'm not sure if I want a programmer or a designer? Again, it depends on what services you want or need the consultant to provide. Many times it's difficult to define the scope of a study or a program because it's not always clear exactly what we we're going to need and it's important to ensure some flexibility with respect to the scope. It's not always easy to define the line between master plan and study or program. This decision will be made based on the specific scope of services for the project in question. Isn’t it true that a consultant who does the study for a project cannot do the final design? No. Effective July 1, 2000, M.G.L. ch. 7, sec. 38H(d) was deleted, allowing for a designer or programmer appointed to do a feasibility study, master plan, or program for a project to be eligible for appointment to perform the design services for that project. What if my project doesn't involve any buildings? If the project doesn't involve any public buildings , then there are 3 alternative selection options. It's important to note that all of these options are internal to Massport and do not involve the participation of any outside members.
The DSP typically meets on the 3rd Tuesday of each month, if we have selections pending. Although, it's best to keep to this schedule so that we can ensure the availability of all of the members, there is always room for some flexibility if we need to accommodate a specific project schedule. In-House, Environmental and Special Panel meetings can be scheduled at the convenience of the members participating on that panel. Are public selection committee meetings always open to the public? By statute, the DSP meetings must be open to the public. Further, it is Massport’s policy to have all In-House and Environmental Panel Meetings open to the public as well. However, Special Panel Meetings are only open to the public if the Project Manager determines that the process should be public. |
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