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. Subsection (1) of section 44E of chapter 149 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following paragraph:-

If the awarding authority decides to reject all general bids or if the awarding authority does not receive any general bids, the awarding authority may retain and use the sub-bids received for a second opening of general bids; provided, however, that there are no changes in the work involved for the sub-trades for which the sub-bids are so retained and used; and provided, further, that the awarding authority shall obtain the consent of each sub-bidder included in any award of a general contract made pursuant to the second opening of general bids if such award is not made within ninety days, Saturdays, Sundays and legal holidays excluded, after the opening of such sub-bids.

SECTION 2. Section 44J of said chapter 149, as most recently amended by section 17 of chapter 126 of the acts of 1994, is hereby further amended by adding the following subsection:-

(8) If an awarding authority rejects all general bids or does not receive any general bids, and advertises for a second opening of general bids with the original filed sub-bids as set forth in subsection (1) of section forty-four E the notice for receipt of such general bids may be published in the central register and elsewhere as required not less than one week prior to the time specified for such second opening of general bids.