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Massachusetts watchdog says MassDOT's 35-year plaza lease omits audit, investigation rights

At the center of the office's objections is the lack of direct language confirming its authority to audit and investigate.

A highway rest area sign.

Photo Credit: iStock

Before Massachusetts moves ahead with a 35-year plan to redevelop and run its highway service plazas, the state's inspector general is pressing for stronger oversight language.

The agency said in a press release that the agreement should plainly preserve its power to audit and investigate the private operator that may oversee 18 plazas for decades.

Here's what to know

In a report issued through the state's required procurement oversight process, the Massachusetts Office of the Inspector General said MassDOT's draft contract for the service plaza project does not expressly state that the agency can conduct audits and investigations, according to WWLP.

State law gives the Office of the Inspector General 30 days to review the draft contract and submit any written "material objections" to the P3 Commission, the OIG said. MassDOT said in March that the P3 Commission, the state's public-private partnership infrastructure oversight body, would help develop the request for proposals and contract for the project.

"The OIG acknowledges MassDOT's meaningful efforts to use the 'lessons learned' from the initial procurement to improve its processes," stated Inspector General Jeffrey S. Shapiro in the release.

At the center of the office's objections is the lack of direct language confirming its authority to audit and investigate. It also wants access provisions written broadly enough to cover routine audits and reviews, not just probes into possible noncompliance.

More background

Citing the project's "significant public interest," the Office of the Inspector General said it chose to publish a more detailed report.

The office also raised concerns about how the procurement will be documented. It recommended stronger recordkeeping rules to capture project milestones, key decisions, and major developments throughout the process.

It also urged MassDOT to consider requiring a performance bond to help ensure the public asset is handed back satisfactorily when the proposed 35-year lease expires.

What's being done?

This report is one of the formal oversight steps MassDOT must complete before selecting a plaza operator.

Adding explicit audit and investigation language could make it easier for the state to monitor the operator's performance over the life of the agreement.

Clearer rules around access, documentation, and end-of-lease conditions could also make the project more durable over time.

"The OIG offers its comments and recommendations in this report to not only fulfill its statutory obligation, but to also further the Commonwealth's goal of conducting an effective procurement for the revitalization and multi-decade operation of significant amenities serving the traveling public," Shapiro concluded in the release.

Where can I learn more?

It might not seem like the most controversial political topic, but Infrastructure oversight, or lack thereof, can easily attract the public's ire.

• In the U.K., motorway runoff inspections fell short as flood risks drew sharper criticism.

• Federal backing for Line 5 faced quid pro quo accusations over contractor ties.

• In Colorado, new highway expansion limits have intensified the fight over road-building policy.

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