SENATE DOCKET, NO. 75        FILED ON: 1/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2045

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio

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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 bidding.

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PETITION OF:

SENATE DOCKET, NO. 75        FILED ON: 1/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2045

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2339 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to public bidding.

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 44A of Chapter 149 of the General Laws shall be amended to add:-

“Quasi-Public Agency“ means a department, agency, board, commission, authority, entity, or other instrumentality that is created by legislation which is legally separate from the commonwealth but receives state grants or federal grants or has authority to issue bonds or any combination of those factors.

SECTION 2. Each lettered subsection in GL c. 149 sec. 44A shall be amended to add “or procured through or administered by quasi-public agencies” after the words “public agency” every time the term “public agency” appears.

SECTION 3. Section 44A1/2 of Chapter 149 of the General Laws shall be amended to add the words “or entity receiving assistance or contracts through or administered by a quasi-public agency” after the words “public agency” every time the words “public agency” appear in all subsections.

SECTION 4. Section 27 of Chapter 149 of the General Laws shall be amended as follows:-

After the words “public works” add “or contracts procured through or administered by a quasi-public agency” every time the term “public works” appears.

SECTION 5. Section 39M of Chapter 30 of the General Laws shall be amended as follows:-

After the words “public work” add the term “or work receiving the benefit of public dollars as through a process connected to a ‘quasi-public agency’ as defined in GL c. 149 Sec. 44A or a project for which a private company has garnered a public tax credit”.

After the words “commonwealth, or political subdivision thereof,” add “or connected to services provided by or administered by a quasi-public agency”.

After the words, “This paragraph shall not apply to the award of any contract subject to the provisions of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine and every such contract shall continue to be awarded as provided therein” add the words, “Provided, however, all contracts for projects that receive some public benefit such as one procured via a quasi-public agency, a tax credit, or a public grant or any combination of the same shall comport with this paragraph. All projects subject to this section shall post on COMMBUYS, the free internet-based access for all public procurement designed in order to promote transparency, increase competition, and achieve best value for Massachusetts taxpayers.”