Skip to Content


HOUSE DOCKET, NO. 2645         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2883

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Carl M. Sciortino, Jr.

_______________

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 state contracting.

_______________

PETITION OF:

 

Name:

District/Address:

Carl M. Sciortino, Jr.

34th Middlesex

Cory Atkins

14th Middlesex

Ruth B. Balser

12th Middlesex

Carlo Basile

1st Suffolk

Christine E. Canavan

10th Plymouth

Cheryl A. Coakley-Rivera

10th Hampden

Edward F. Coppinger

10th Suffolk

Mark J. Cusack

5th Norfolk

Marjorie C. Decker

25th Middlesex

Christopher G. Fallon

33rd Middlesex

John P. Fresolo

16th Worcester

Sean Garballey

23rd Middlesex

Colleen M. Garry

36th Middlesex

Anne M. Gobi

5th Worcester

Kenneth I. Gordon

21st Middlesex

Jonathan Hecht

29th Middlesex

Paul R. Heroux

2nd Bristol

Russell E. Holmes

6th Suffolk

Kay Khan

11th Middlesex

Mary S. Keefe

15th Worcester

Peter V. Kocot

1st Hampshire

John J. Lawn, Jr.

10th Middlesex

Elizabeth A. Malia

11th Suffolk

James R. Miceli

19th Middlesex

Aaron Michlewitz

3rd Suffolk

James J. O'Day

14th Worcester

Denise Provost

27th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Dennis A. Rosa

4th Worcester

Tom Sannicandro

7th Middlesex

Frank I. Smizik

15th Norfolk

Theodore C. Speliotis

13th Essex

Thomas M. Stanley

9th Middlesex

Ellen Story

3rd Hampshire

Chris Walsh

6th Middlesex

Thomas A. Golden, Jr.

16th Middlesex


HOUSE DOCKET, NO. 2645        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2883

By Mr. Sciortino of Medford, a petition (accompanied by bill, House, No. 2883) of Carl M. Sciortino, Jr. and others for legislation to encourage fair competition in bids for state contracts from qualified sources commitment to fair wages and benefits for employees.  State Administration and Regulatory Oversight. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to state contracting.
 

              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 7 of the General Laws is hereby amended by inserting after section 22O the following new section:-

              Section 22P.

              Any state department, office, commission, institution or regional authority contracting for cleaning, maintenance or security guard services in any buildings shall abide by section 27H of chapter 149 and any rules promulgated thereunder. Any procurement bid with the operational services division or any other state procurement agent that does not follow the requirements under this section and any rules promulgated under this section is a nonresponsive bid.  Any contract entered into by any department, office, commission, institution or regional authority, after the effective date of this section, shall be void if it is not in compliance with this section and section 27H of chapter 149. 

              SECTION 2. Section 2 of chapter 30B, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition for “Responsible bidder or offeror”, beginning at line 133, and inserting in place thereof the following new definition:-

              “Responsible bidder or offeror”, a person who: (1) has the lowest bid of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) shall certify, that the bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the contract; (3) shall certify a record of compliance with all applicable labor laws, including but not necessarily limited to, state and federal minimum wage laws, applicable local living wage ordinances, state and federal healthcare laws, state and federal independent contractor and  labor relations laws, and state and federal health and safety laws; and, (4) shall certify that the bidder has had no debarment or suspension within the past 5 years. 

              SECTION 3. Subsection (g) of section 5 of said chapter 30B, as so appearing, is hereby amended by inserting after the word “bidder.”,  in line 87, the following new text:-

              Any bidder that bids on a contract for cleaning, maintenance or security guard services in buildings owned, leased or occupied by the governmental body shall abide by section 27H of chapter 149 and any rules promulgated thereunder. Any bidder that does not follow the requirements under said section 27H of chapter 149 is not a responsive bidder under this section. Any contract entered into by any governmental body, after the effective date of this section, shall be void if it is not in compliance with this section and section 27H of chapter 149. 

              SECTION 4. Section 5 of said chapter 30B, as so appearing, is hereby further amended by inserting after subsection (g) the following new subsection:-

              (i) Any certifications made under this chapter shall be signed under the penalties of perjury and shall be a permanent part of any work contracted for.  Any bidder or subcontractor who fraudulently misrepresents any information to which the bidder must certify, shall be subject to one or more the following: (1) permanent removal from any further work on the contract; (2) withholding of payment due him by the awarding agency; (3) liquidated damages payable to the awarding agency in the amount of 5 per cent of the dollar value of the contract. 

              SECTION 5. Section 27H of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in lines 1 and 2, the words "the cleaning and maintenance of” and inserting in place thereof the following words:- “cleaning, maintenance or security guard services in”, and inserting, after the word "maintenance", on line 6, the following words:- “, security guard”.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error