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SENATE DOCKET, NO. 1276         FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 577

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Karen E. Spilka

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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 to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process.

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PETITION OF:

 

Name:

District/Address:

Karen E. Spilka

 

Chris Walsh

6th Middlesex

James B. Eldridge

 

Sal N. DiDomenico

Middlesex, Suffolk, and Essex

Jennifer L. Flanagan

 

Denise Provost

27th Middlesex


SENATE DOCKET, NO. 1276        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 577

By Ms. Spilka, a petition (accompanied by bill, Senate, No. 577) of Karen E. Spilka, Chris Walsh, James B. Eldridge, Sal N. DiDomenico and other members of the General Court for legislation to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process.  Higher Education. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process.
 

              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 15 of chapter 73, as appearing in the 2008 Official Edition, is hereby amended by adding after the first paragraph the following paragraph:

                              “Notwithstanding any other general or special law to the contrary, neither the trustees or officers of a state university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university.  Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.”

                              SECTION 2. Section 13 of chapter 75, as appearing in the 2008 Official Edition, is hereby amended by adding after the first paragraph the following paragraph:

                              “Notwithstanding any other general or special law to the contrary, neither the trustees or officers of the university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university.  Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.”

                              SECTION 3. Section 22 of chapter 7, as appearing in the 2008 Official Edition, is hereby amended by inserting after the first sentence in subsection (20) the following sentence:

              “The undersigned also certifies under the penalties of perjury that to the extent that it receives any rebates, direct or indirect, from any third party, as a consequence of this proposal or the contract that codifies its acceptance, that such rebate will be fully disclosed and turned over to the governmental body.”

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