Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 7 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following paragraph:-

For the purposes of sections twenty-two C to twenty-two F, inclusive, unless a contrary intention clearly appears, the following words shall have the following meanings:

"Comparable low bid or offer", a responsive and responsible bid or offer which is no more than ten percent greater than the lowest bid or offer submitted for goods or a service.

"Essential", necessary in order that an agency or authority may perform its mission, there being no substitute, to avoid irreparable harm to agency or authority programs.

"Person", an individual, partnership, firm, association, corporation, or other entity, or a subsidiary thereof.

"Secretary", the secretary of administration and finance.

"State agency", awarding authorities of the commonwealth, including, but not limited to, executive offices, agencies, departments, commissions, and public institutions of higher education.

"State authority" shall include, but not be limited to: the Bay State Skills Corporation, Centers of Excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, government land bank, Massachusetts Bay Transportation Authority, Massachusetts Business Development Corporation, Massachusetts Capital Resource Company, Massachusetts Convention Center Authority, Massachusetts Corporation for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Higher Education Assistance Corporation, Massachusetts Housing Finance Agency, Massachusetts Racing Commission, Massachusetts Industrial Finance Agency, Massachusetts Industrial Service Program, Massachusetts Legal Assistance Corporation, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resource Authority, Nantucket Land Bank, New England Loan Marketing Corporation, Pension Reserves Investment Management Board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, Victim and Witness Assistance Board, and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

SECTION 2. Said chapter 7 is hereby further amended by inserting after section 22B the following four sections:-

Section 22C. (a) Except as otherwise provided in this section, a state agency, a state authority, the house of representatives or the state senate may not procure goods or services from any person employing ten or more employees in an office or other facility located in Northern Ireland, who fails to certify that:

(1) he does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief; and

(2) he promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination.

The certification shall also confirm that the certifying person is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

(b) A state agency, a state authority, or the house of representatives or the senate may procure goods or services from a person who employs ten or more employees in an office or other facility located in Northern Ireland and fails to provide the certification required by subsection (c) only after certifying, in writing, to the secretary or, in the case of a state authority, to the chief operating officer that:

(1) the procurement is essential; and

(2) compliance with this section would eliminate the only bid or offer or would result in inadequate competition.

(c) In any solicitation, a state agency, a state authority, the house of representatives or the senate shall provide notice of the requirements of this section. Prior to reviewing responses to bid documents for any procurements or, if there are none, prior to entering into any contractual arrangement, the awarding authority shall obtain from such person seeking a contract a statement under pains and penalties of perjury from an authorized representative, on a form to be provided by the awarding authority, that he does not employ ten or more employees in an office or other facility located in Northern Ireland or, if he does, certifying compliance with the principles listed in subsection (a) or declaring that he does not so certify.

(d) In any procurement that includes bidders or offerors who employ ten or more employees in an office or other facility located in Northern Ireland and do not certify compliance with the principles listed in subsection (a), the awarding authority may award the contract to a person who does not certify compliance with the principles listed in subsection (a) only if there is no comparable low bid or offer by a person who does so certify or who does not employ ten or more employees in an office or other facility located in Northern Ireland.

(e) A person who employs persons in Northern Ireland for the sole purpose of reporting the news, or solely for the purpose of providing goods or services for the provision of international telecommunications shall not be subject to the provisions of sections twenty-two C to twenty-two D, inclusive.

Section 22D. (a) Notwithstanding the provisions of section twenty-two C, a state agency may purchase medical supplies intended to preserve or prolong life or to cure, prevent, or ameliorate diseases, including hospital, nutritional, diagnostic, pharmaceutical and nonprescription products specifically manufactured to satisfy identified health care needs, for which there is no medical substitute. The determination of whether no medical substitute exists shall be made by the state agency requiring the supply, pursuant to general standards of good medical and professional practice. The state agency shall give notice to the state purchasing agent in writing, certifying compliance with this exemption, said notice and certification being sufficient to allow the purchase of medical supplies under this exemption.

(b) to the extent that a person doing business in Northern Ireland is providing only medical supplies, as described in subsection (a), to persons in Northern Ireland, then the supply of goods or equipment to the commonwealth by said person shall also be exempt from the preference requirements of these regulations. This exemption from the preference requirements shall not apply in any case in which the nature of any person's business dealings in Northern Ireland include both medical and nonmedical supplies.

Section 22E. Any contract entered into in violation of sections twenty-two C twenty-two D, inclusive, shall be voidable.

Section 22F. The secretary is hereby authorized to promulgate regulations to assure the timely and effective implementation of sections twenty-two C to twenty-two E, inclusive.

SECTION 3. The provisions of this act shall apply to contracts entered into after the effective date of this act. A contract existing on the effective date of this act shall remain in full force and effect and shall not be subject to the provisions of this act until such time as such existing contract is renewed.

SECTION 4. This act shall be effective on January 1, 1996.