HOUSE DOCKET, NO. 387        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2858

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward F. Coppinger

_________________

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 transparency in private utility construction contracts.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Edward F. Coppinger

10th Suffolk

1/13/2015

Peter V. Kocot

1st Hampshire

 

John W. Scibak

2nd Hampshire

 

Frank I. Smizik

15th Norfolk

2/2/2015

Tackey Chan

2nd Norfolk

1/21/2015

Colleen M. Garry

36th Middlesex

1/20/2015

Michael S. Day

31st Middlesex

1/13/2015

Louis L. Kafka

8th Norfolk

 

Mark J. Cusack

5th Norfolk

1/15/2015

James R. Miceli

19th Middlesex

1/16/2015

Steven Ultrino

33rd Middlesex

1/16/2015

Leonard Mirra

2nd Essex

1/15/2015

James J. Dwyer

30th Middlesex

1/15/2015

Chris Walsh

6th Middlesex

1/16/2015

Angelo J. Puppolo, Jr.

12th Hampden

1/21/2015

Marjorie C. Decker

25th Middlesex

 

Michael D. Brady

Second Plymouth and Bristol

 

Stephen L. DiNatale

3rd Worcester

 

Brian M. Ashe

2nd Hampden

 

RoseLee Vincent

16th Suffolk

 

Jay D. Livingstone

8th Suffolk

 

Keiko M. Orrall

12th Bristol

 

Frank A. Moran

17th Essex

 

Angelo L. D'Emilia

8th Plymouth

 

Tom Sannicandro

7th Middlesex

 

James J. O'Day

14th Worcester

 

Jeffrey N. Roy

10th Norfolk

 

Paul R. Heroux

2nd Bristol

 

Denise C. Garlick

13th Norfolk

 

John H. Rogers

12th Norfolk

 

Donald R. Berthiaume, Jr.

5th Worcester

 

David K. Muradian, Jr.

9th Worcester

 

Paul Tucker

7th Essex

 


HOUSE DOCKET, NO. 387        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2858

By Mr. Coppinger of Boston, a petition (accompanied by bill, House, No. 2858) of Edward F. Coppinger and others relative to transparency in private utility construction contracts.  Telecommunications, Utilities and Energy.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2182 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to transparency in private utility construction contracts.

 

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 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after Section 76D the following section:-

Section 76E.  (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-



“Company”, a gas or distribution company.


“Contract”, any agreement for the procurement of services specified under subsection (b), regardless of what the parties call the agreement.

“Responsible bidder”, a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.


“Score”, the quantitative or qualitative rating or method utilized by the company to award a contract

(b) When entering into a contract in the amount of $100,000 or more for services related to the excavation or construction upon, along, under, or across any public way, each company shall be subject to this section.

(c) A company shall (1) within two business days after the decision has been made, inform any responsible bidder which submitted a bid of its decision in relation to the award of a contract, and shall do so by notice in writing by the most rapid means of communication possible; and (2) post the winning bid on its website with (i) the name of the contractor, (ii) winning amount, (iii) location of project. 

(d) The written notice to each responsible bidder shall include (1) the criteria for the award of the contract; and (2) the score obtained by the responsible bidder.

(e) Where there is only one response to a solicitation, a company need not comply with this section.

(f) A company may withhold any information to be provided in accordance with the section where the disclosure of such information (1) would impede law enforcement, (2) would otherwise be contrary to the public interest, (3) would prejudice the legitimate commercial interests of any responsible bidder; or (4) might interfere with competition between responsible bidders.

(g) The department shall be responsible for enforcing this section, and may promulgate regulations and issue orders it deems in the public interest regarding the procurement practices of companies.