There has been a surge in “interest” by UCANE members to better understand the “new” Design-Build form of procurement for public projects. Accordingly, this article will provide some insight as to what it is and how it will work in Massachusetts. In traditional low-bid procurements, under Chapters 149 and 30, and other public bidding statutes, awarding authorities generally are without discretion. They are required to award contracts to the lowest responsible bidder and are prohibited from entering into post-award contract negotiations. In addition, the use of “problem-oriented” specifications, or virtually any other deficiency in the bid process itself, can be fatal to the entire solicitation, and cause for a re-bid.

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