Code of Massachusetts Regulations 811 CMR - DESIGNER SELECTION BOARD
Here’s a comprehensive overview of 811 CMR – Designer Selection Board, part of the Massachusetts Code of Regulations:
🏛️ Regulatory Framework & Scope
811 CMR is issued under the authority of M.G.L. c. 7C, overseen by the Trial Court’s Designer Selection Board (DSB) (mass.gov, law.cornell.edu).
It covers two main sections:
811 CMR 3.00 – Expedited procedure for selecting designers (including architects, engineers, construction managers) during emergency situations (mass.gov).
811 CMR 4.00 – Procedures allowing smaller DSB panels (not the full board) to select finalists under normal circumstances (mass.gov).
811 CMR 3.00 – Emergency Designer Selection
Established effective October 30, 2020, this section ensures rapid selection when emergencies impede standard procurement (mass.gov).
Key components include:
§ 3.01 – Scope & Purpose
Defines emergency conditions and sets the framework for fast-track selection (archive.org, law.cornell.edu).
§ 3.02 – Definitions
Clarifies terms such as “emergency,” “designer,” “programmer,” and “construction manager” (law.cornell.edu, mass.gov).
§ 3.03 – Declaration of Emergency
Requires a formal emergency declaration by the Commissioner, specifying the selection deadline (law.cornell.edu).
§ 3.04 – Designer Selection Requirements
Outlines how the Executive Director assembles documentation and prepares the shortlist during emergencies (law.cornell.edu).
§ 3.05 – Voting Procedures
The Executive Director sends the decision package to DSB members at least 24 hours before the deadline.
If a formal meeting isn’t feasible, the Chair (or Vice Chair/senior member) may coordinate remote or email voting.
A shortlist of at least three finalists is forwarded to the Commissioner, who appoints the designer per M.G.L. c. 7C §§ 49‑50.
If no deadline is met, the Commissioner may choose directly. Ranking rules in §§ 49‑50 don’t apply here (regulations.justia.com).
811 CMR 4.00 – Selection by Sub‑Panels
Also effective as of October 30, 2020, this section allows smaller DSB sub‑panels to handle selection processes when the full board is unnecessary (law.cornell.edu).
It contains:
§ 4.01 – Scope & Purpose
Permits delegation of selection duties to sub‑panels for efficiency (law.cornell.edu).
§ 4.02 – Definitions
Defines relevant panel-related terminology .
§ 4.03 – Delegation of Powers
Specifies how selection authority can be delegated to sub‑panels (law.cornell.edu).
§ 4.04 – Selection Process
Details the submission, review, scoring, and finalist shortlisting procedures within a sub‑panel setting (regulations.justia.com).
§ 4.05 – Notification
Requires panels to notify the full DSB and stakeholders of their decisions (law.cornell.edu).
🏷️ Summary at a Glance
| Section | Focus Area | Highlights |
|---|---|---|
| 811 CMR 3.00 | Emergency designer selection | Rapid response via remote voting and Commissioner involvement |
| 811 CMR 4.00 | Routine finalist selection via sub‑panels | Efficient process with oversight and notification |
📚 Where to Access the Full Text
Official PDF versions are available through mass.gov (e.g. for 3.00: “Expedited procedure…” dated 10/30/2020) (mass.gov, mass.gov).
The full text and sections for both 3.00 and 4.00 are accessible via Cornell’s LII site (law.cornell.edu).
The Massachusetts State Bookstore also offers a printed pamphlet covering 811 CMR 1.00 – 4.00 (sec.state.ma.us).
🔍 Need Help?
Contact the Trial Court Law Libraries (via email at masslawlib@gmail.com) for PDF copies or detailed assistance (mass.gov).
For purchasing printed versions, reach out to the MA State Bookstore at 1‑800‑392‑6090 (sec.state.ma.us).
✅ In Summary
811 CMR governs how Massachusetts selects designers, especially under emergency conditions (3.00) or via sub‑panels (4.00).
Both sections were last revised with effective dates of October 30, 2020.
Full regulations are available on mass.gov, Cornell LII, or through the State Bookstore.
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