HOUSE  .   .   .   .   .   .   .  No. 5053

The Commonwealth of Massachusetts
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                            HOUSE OF REPRESENTATIVES, July 28, 2022.                         

The committee on Ways and Means, to whom was referred the Bill relative to transparency in private utility construction contracts (House, No. 3281), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 5053).

For the committee,

AARON MICHLEWITZ.

FILED ON: 7/28/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5053

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to transparency in private utility construction contracts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 164 of the General Laws is hereby amended by inserting after section 76D the following section:-

Section 76E. (a) As used in this section, the following words shall, unless the context clearly otherwise requires, have the following meanings:

“Bid”, a written offer to provide a service at a stated price submitted in response to an invitation for bids.

“Company”, a gas company or a distribution company.

“Contract”, an agreement for the procurement of services pursuant to subsection (b), regardless of what the parties call the agreement.

“Invitation for bids”, the documents utilized for the soliciting of bids, including documents attached or incorporated by reference.

“Responsible bidder”, a person who has the capability to perform fully the contract requirements and the integrity and reliability that assures good faith performance.

“Score”, the quantitative or qualitative rating or method utilized by the company to award a contract.

(b) Each company shall be subject to this section when entering into a contract in the amount of $100,000 or more for services related to the excavation or construction upon, along, under or across any public way; provided, however, that if there is only 1 response to an invitation for bids, a company shall not be required to comply with this section.

(c) A company shall: (i) within 2 business days after the decision has been made to award the contract, inform, by notice in writing by the most rapid means of communication possible, any responsible bidder that submitted a bid of its decision awarding the contract; and (ii) post the winning bid on its website with the: (A) name of the contractor awarded the contract; (B) amount of the contract; and (C) location of the project. 

(d) The written notice to each responsible bidder pursuant to clause (i) of subsection (c) shall include: (i) the criteria for the award of the contract; and (ii) the score obtained by the responsible bidder.

(e) A company may withhold any information to be provided pursuant to subsections (c) or (d) if the disclosure of such information may: (i) impede law enforcement; (ii) otherwise be contrary to the public interest; (iii) prejudice the legitimate commercial interests of any responsible bidder; or (iv) interfere with competition between responsible bidders.

(f) The department shall enforce this section and may promulgate regulations and issue orders it deems in the public interest regarding the procurement practices of companies.