Amendment #340 to H4506

A + B Bidding Study Commission

Representatives Kane of Shrewsbury and Jones of North Reading move to amend the bill at the end thereof by inserting the following new section:-

“SECTION XX. There is hereby established a special commission to examine the feasibility and financial merits of implementing A + B Bidding in the contract bidding process for transportation related projects in the Commonwealth. For the purposes of this commission, the following shall serve as the definition of A + B Bidding:

‘A + B Bidding’. In utilizing a cost-plus-time bidding procurement method, the awarding authority shall use a cost parameter A and a time parameter B to determine a bid value. The cost parameter A shall be the traditional bid for the contract items and shall be the dollar amount for the work to be performed under the contract. The time parameter B shall be the total number of calendar days required to complete the project, as estimated by the bidder, multiplied by an agency-determined daily road user cost hereinafter referred to as RUC to translate time into dollars. The total bid value, which shall be clearly detailed in the bid documents, shall equal A + B (RUC). The total bid value shall be used only to evaluate bids. The winning bid, which shall be calculated at a public bid opening at a time and location designated in the bid documents, shall be the lowest total bid value submitted by a responsible and eligible bidder. The contract amount for payment purposes shall be based on the bid price A, not the total bid value. The number of days bid B shall become the contract time. For the purposes of determining the responsible and eligible bidder, the commission shall use the criteria in subsection (c) of section 39M of chapter 30 of the General Laws. For the commission’s purposes, the term lowest in that criteria shall mean ‘lowest total bid value’.

The commission shall consist of the secretary of transportation or a designee, 1 member of the Fiscal Management Control Board (FMCB), 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the senate president; 1 member of the house of representatives appointed by the minority leader of the house of representatives; 1 member of the senate appointed by the senate minority leader; 2 members appointed by the governor. The department of transportation and its subdivisions shall provide technical support to the commission. The commission shall file its report, together with recommendations, to the clerks of the house and senate and the house and senate chairs of the joint committee on transportation by September 1, 2020.”