HOUSE DOCKET, NO. 16        FILED ON: 1/23/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 16

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to Chapter 30B notification.

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 17 of chapter 30B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following paragraphs:

(e)  A contractor shall provide written notification to the inspector general within 60 days whenever the contractor has credible evidence that a principal, employee, agent or subcontractor of such contractor has, in connection with the award, performance, or closeout of a contract or any subcontract thereunder:

(1) committed a violation of criminal law;

(2) committed a violation of sections 5A to 5J of chapter 12, the Massachusetts false claims act;

(3) committed a violation of this chapter; or

(4) received a material overpayment on the contract.

(f) The inspector general may impose a suspension or debarment, as defined in section 29F of chapter 29, on a contractor as to contracts executed pursuant to this chapter, based upon a preponderance of the evidence, for knowing failure by the contractor to provide the written notification required in paragraph (e).  Prior to the suspension or debarment of a contractor under this section, the inspector general shall provide such contractor with the same notice and option for a hearing as provided to contractors under subsections (d) and (e) of section 29F of chapter 29.