Legislators target UMass bid process
Building panel exempt from certain regulations
State lawmakers are seeking to strip the University of Massachusetts Building Authority of some of its exemptions from the state's bidding laws, asserting that campus construction should be subject to the same regulations as other public projects.
University officials are aggressively lobbying against the measure, which they say would make campus construction projects slower and more expensive. The proposal, which in certain cases would limit the authority's ability to sidestep some bidding requirements, would undercut an efficient system that has built many dormitories and academic buildings on time and within budget, they said.
"It's helped put high-quality buildings up in a relatively short amount of time," said David MacKenzie, executive director of the building authority, an 11-member panel appointed by the governor. "The system we have now is faster, less expensive, and we believe produces better projects."
Under current law, the panel can often authorize general contractors to choose independent subcontractors such as masons and roofers without soliciting bids. That has helped streamline projects such as housing for 1,200 students at UMass-Dartmouth, completed in 12 months in 2005, and housing for 864 students at UMass-Amherst the following year.
The clash over the provision has broad consequences as the university plans for a $3 billion building boom across its five campuses, and as lawmakers seek to tighten policies around public construction projects.
Some lawmakers say the exemption UMass receives invites fraud and favoritism.
"Why wait for a scandal when you can help ensure taxpayer protection through transparency?" asked Senator Mark C. Montigny of New Bedford, chairman of the joint legislative committee that oversees capital spending. "For the taxpayers, this is the worst of both worlds. They are paying the bills but aren't getting accountability."
Montigny had unsuccessfully sponsored a broader measure that would require UMass to follow the standard state guidelines in all cases, but a narrower measure was approved.
Building trade groups said they welcomed the proposal.
"Subcontractors do just about all the work, and you want to have competition among them. That's the American way," said Monica Lawton, chief executive officer of the Associated Subcontractors of Massachusetts. "If you have open competition among qualified companies, you get the best result for the taxpayers."
The measure, part of legislation authorizing $2 billion for campus construction projects over the next decade, would require the UMass authority to solicit bids from subcontractors whenever student fees are used to pay for a majority of a project. The measure has passed the Senate and now awaits a vote in the House.
UMass received permission from the Legislature about a decade ago to bypass some public bidding regulations through a process called "alternative procurement" when private funds paid for more than half of the project.
But in 2004, a bill that overhauled the public construction process limited the definition of private funds to exclude student fees. The building authority, backed by a court decision, had counted student fees as private funds.
The 2004 bill, however, had a sunset clause that took effect in 2006, again giving the building authority expanded leeway. In contrast to regular state law, the authority also can hire contractors before designs are completed to help streamline the process.
MacKenzie said the specific demands of campus projects require expertise and cooperation among contractors that is difficult to achieve with an independent bid process.
"We're looking for experienced people who have done this kind of work before," he said.
Robert P. Connolly, UMass spokesman, said the authority has "been able to save time and money in bringing projects to fruition."
The authority, created in 1960, has already received exemptions from the Legislature for four campus projects approved under the state's $1 billion biotech initiative. About half of all campus building projects avoid the sub-bid process, MacKenzie said.
But building trade leaders said subcontractors deserve a chance to compete for lucrative public projects.
"There's a lot of money being spent and it's important to our members to have the opportunity to compete fairly for that work and not be at the whim of a general contractor," Lawton said. "UMass wants to be able to operate under its own rules with no strings attached."
