HOUSE DOCKET, NO. 3460        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3366

The Commonwealth of Massachusetts

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PRESENTED BY:

John H. Rogers

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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 relative to public contract biding.

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PETITION OF:

HOUSE DOCKET, NO. 3460        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3366

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to public contract biding.

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. Chapter 149 of the General Laws is hereby amended by inserting after section 44A, the following section:-

Section 44A1/4. (A) Every contract or procurement for the construction, reconstruction, installation, demolition, maintenance or repair of a school safety project or mechanism by a public agency estimated to cost more than $10,000 but less than $25,000 shall be obtained through the exercise of sound business practices; provided, however, that the public agency shall make and keep a record of each such procurement; and provided further, that the record shall, at a minimum, include the name and address of the person from whom the services were procured.

(B) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of school safety project or mechanism estimated to cost more than $25,000 but not more than $100,000 shall be awarded to the responsible person offering to perform the contract at the lowest price. The public agency shall make public notification of the contract and shall seek written responses from persons who customarily perform such work. The public notification shall include a scope-of-work statement that defines the work to be performed and provides potential responders with sufficient information regarding the objectives and requirements of the public agency and the time period within which the work shall be completed. For the purposes of this paragraph, “public notification” shall include, but need not be limited to, posting at least 2 weeks before the time specified in the notification for the receipt of responses, the contract and scope-of- work statement on the website of the public agency, on the COMPASS system, in the central register published pursuant to section 20A of chapter 9 and in a conspicuous place in or near the primary office of the public agency.

(C) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any school safety project or mechanism by a public agency estimated to cost more than $100,000, shall be awarded to the lowest responsible and eligible bidder on the basis of competitive bids publicly opened and read in accordance with the procedure set forth in said section 39M of said chapter 30.

(D) The provisions of paragraphs (E) and (F) of subsection (2) and subsections (3), (4), and (5) of section 44A of chapter 149 shall apply to this section.

SECTION 2. Paragraph (a) of subsection (2) of section 44A of said chapter 149 is hereby amended by inserting after the word “building,” in line 46, the following words:- ,except a school security project or mechanism.

SECTION 3. Paragraph (b) of said subsection (2) of said section 44A of said chapter 149 is hereby further amended by inserting after the word “building,” in line 54, the following words:- , except a school security project or mechanism.

SECTION 4. Paragraph (c ) of said subsection (2) of said section 44A of said chapter 149 is hereby further amended by inserting after the word “building,” in line 71, the following words:- , except a school security project or mechanism.

SECTION 5. This act shall expire May 1, 2015.

SECTION 6. This act shall take effect upon passage.