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HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 11

So much of the recommendations of the Office of the Inspector General (House, No. 8) as relates to Chapter 30B, the Uniform Procurement Law.  State Administration and Regulatory Oversight. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act relative to Chapter 30B.
 

              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 1 of chapter 30B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 9 through 10,  the words “thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place thereof the following: 44 to 57, inclusive, of chapter 7C

              SECTION 2.  Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out subsection (5) of paragraph (b) in its entirety and inserting in place thereof the following:

              (5) a contract for the purchase of materials, under specifications of the Massachusetts department of transportation highway division, and at prices established by the division, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter 81 or chapter 90;

              SECTION 3.  Said section 1 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 103, the words “subclause (r)” and inserting in place thereof the following:- subclause (s)

              SECTION 4.  Said section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in lines 127 through 128, the words “thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place thereof the following:  44 to 57, inclusive, of chapter 7C

              SECTION 5. Section 16 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 43, the words “forty J of chapter seven” and inserting in place thereof the following: 38 of chapter 7C

              SECTION 6. Section 17 of said chapter 30B, as so appearing, is hereby amended, in line 12, by striking the words “two thousand dollars” and inserting in place thereof the following:- $10,000

              SECTION 7. Section 18 of said chapter 30B, as so appearing, is hereby amended by striking out the definition “Disadvantaged vendor” and inserting in place thereof the following:

              “Disadvantaged vendor”, any business beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of “Minority business” set forth in section 6 of chapter 7C, and any business beneficially owned by one or more women as provided in the definition of “Women-owned business” set forth in said section 6 and any business beneficially owned by 1 or more veterans as provided in the definition of “veteran-owned business” as set forth in section 6.

              SECTION 8.  Said chapter 30B, as so appearing, is hereby amended by striking out section 23 and inserting in place thereof the following section:- 

              Section 23.  (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, a governmental body may, by a majority vote, establish a preference for the procurement of products or services by businesses, as defined in section 3A of chapter 23A, with their principal place of business in the commonwealth.

              (b) If a governmental body establishes such a preference, the procurement officer responsible for procuring products and services on behalf of the governmental body shall effectuate such preference for the procurement in: (i) advertising for bids, contracts or otherwise and making reasonable efforts to facilitate the purchase of such products or services; and (ii) purchasing products or services by businesses, as defined in said section 3A of said chapter 23A, with their principal place of business in the commonwealth, unless the price of such goods or services exceed, by more than 10 percent, the price of such goods or services produced by businesses with their principal place of business outside of the commonwealth.

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