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HOUSE DOCKET, NO. 1313         FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2806

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Linda Dorcena Forry

_______________

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 to promote purchasing from social enterprises by governmental bodies.

_______________

PETITION OF:

 

Name:

District/Address:

Linda Dorcena Forry

12th Suffolk

John W. Scibak

2nd Hampshire

Stephen L. DiNatale

3rd Worcester

Alan Silvia

7th Bristol

Ruth B. Balser

12th Middlesex

Anne M. Gobi

5th Worcester

Chris Walsh

6th Middlesex

Tom Sannicandro

7th Middlesex

Martin J. Walsh

13th Suffolk

Michael O. Moore

Second Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Cory Atkins

14th Middlesex

Christine E. Canavan

10th Plymouth

Sonia Chang-Diaz

Second Suffolk

John V. Fernandes

10th Worcester

Benjamin Swan

11th Hampden

Michael R. Knapik

Second Hampden and Hampshire

George N. Peterson, Jr.

9th Worcester


HOUSE DOCKET, NO. 1313        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2806

By Ms. Forry of Boston, a petition (accompanied by bill, House, No. 2806) of Linda Dorcena Forry and others for legislation to promote purchasing from social enterprises by governmental bodies.  State Administration and Regulatory Oversight. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2579 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to promote purchasing from social enterprises by governmental bodies.
 

              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 30B is amended by inserting in section 4 after subsection (d) the following:-

              (e) A procurement officer may award a contract valued at less than $25,000 for the procurement of goods or services produced in the commonwealth by a human services social enterprise, without seeking quotations as required under subsection (a), except that such a contract in an amount of $5,000 or greater shall be contingent upon receiving and recording at least three written or oral quotations, two of which must be from SOMWBA-certified businesses and at least one of which must be from an organization deemed a human services “social enterprise” as defined in Section 1(e), and the officer shall follow generally accepted business practices.  For purposes of this subsection, the term human services “social enterprise” shall mean an activity or program that a) produces goods or services as a means of creating jobs for participants in, or revenues to further, social service programs as those programs are defined in section 1 of chapter 118G and b) is operated by an organization that is established for nonprofit purposes and no part of the earnings or assets of which inures to the benefit of, or is otherwise distributable to, any private person, whether upon dissolution or otherwise.

              SECTION 2.  Chapter 30B is amended by inserting after section 20 the following section:-

              20A.  (a)              Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, a governmental body may establish a preference for goods or services produced in the commonwealth by social enterprises.  For purposes of this section, the term human services “social enterprise” shall mean:  an activity or program that a) produces goods or services as a means of creating jobs for participants in, or revenues to further, social service programs as those programs are defined in section 1 of chapter 118G and b) is operated by an organization that is established for nonprofit purposes and no part of the earnings or assets of which inures to the benefit of, or is otherwise distributable to, any private person, whether upon dissolution or otherwise.

              (b) Wherever a governmental body establishes a preference for the procurement of such goods or services using a social enterprise, the procurement officer responsible for procuring such goods or services on behalf of the governmental body shall effectuate such preference in:  (i) advertising for bids, contracts or otherwise and making reasonable efforts to facilitate the purchase of such goods or services; and (ii) purchasing goods or services, unless the price of such goods or services exceeds, by more than 10 per cent, the price of goods or services from sources that are not social enterprises.

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