Mass. Gen. Laws ch. 111H, § 48

The selection of an operator and the development of a facility pursuant to this chapter shall, for the purposes of section forty-two B of chapter seven, be construed as an alternative method of design and construction services approved by the legislature, and shall not be subject to sections thirty-eight A1/2 to thirty-eight N, inclusive, of said chapter seven or of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine.