HOUSE DOCKET, NO. 659        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 355

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tom Sannicandro

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tom Sannicandro

7th Middlesex

1/18/2011

John P. Fresolo

16th Worcester

1/26/2011

Jason M. Lewis

31st Middlesex

1/27/2011

Anne M. Gobi

5th Worcester

2/1/2011

Timothy J. Toomey, Jr.

26th Middlesex

2/3/2011

James J. Dwyer

30th Middlesex

2/3/2011

Sean Garballey

23rd Middlesex

2/4/2011

Brian A. Joyce

Norfolk, Bristol and Plymouth

2/4/2011

Angelo J. Puppolo, Jr.

12th Hampden

2/4/2011

James J. O'Day

14th Worcester

2/4/2011

Kay Khan

11th Middlesex

2/4/2011

Kathi-Anne Reinstein

16th Suffolk

2/4/2011

Colleen M. Garry

36th Middlesex

2/4/2011

Denise Provost

27th Middlesex

2/4/2011


HOUSE DOCKET, NO. 659        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 355

By Mr. Sannicandro of Ashland, a petition (accompanied by bill, House, No. 355) of Tom Sannicandro and others relative to the procurement contracts of state universities.  Higher Education.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process.

 

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 15 of chapter 73, as appearing in the 2010 Official Edition, is hereby amended by adding after the first paragraph the following paragraph:

“Notwithstanding any other provision of law to the contrary neither the trustees or officers of a state university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university.  Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.”

SECTION 2. Section 13 of chapter 75, as appearing in the 2010 Official Edition, is hereby amended by adding after the first paragraph the following paragraph:

“Notwithstanding any other provision of law to the contrary neither the trustees or officers of the university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university.  Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.”

SECTION 3. Section 22 of chapter 7, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first sentence in subsection (20) the following sentence:

“The undersigned also certifies under the penalties of perjury that to the extent that it receives any rebates, direct or indirect, from any third party, as a consequence of this proposal or the contract that codifies its acceptance, that such rebate will be fully disclosed and turned over to the governmental body.”