Amendment ID: S2439-5

Amendment 5

Occupational safety and health disclosure

Messrs. Feeney and Eldridge, Ms. Moran and Mr. Timilty move that the proposed new text be amended Mr. Feeney moves that the proposed new text be amended by inserting after Section X the following section:-

Section X. (a) For procurement contracts for supplies and services, including construction, relating to the reconstruction of the Holyoke Soldier’s Home, that are estimated to cost more than $50,000, the awarding authority shall ensure that solicitations or invitations for bids require that the offeror represent, to the best of the offeror's knowledge and belief, whether there has been any Occupational Safety and Health Administration citation, notice, decision, or civil judgment rendered against the company, as a sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or director within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected.

(b) The awarding authority, prior to making an award, shall, as part of responsibility determination, provide an offeror with an opportunity to disclose any steps taken to correct any violations of or improve compliance with said federal Occupational Safety and Health Act of 1970, including any settlement agreement and documentation verifying if hazards identified have been corrected.

(c) The awarding authority shall consider the information provided pursuant to subsections (a) and (b) in determining whether an offeror is a responsible source.

(d) For any subcontract where the estimated value of the supplies and services required exceeds $50,000, the awarding authority shall require that, at the time of execution of the contract, a contractor represents to the contracting agency that the contractor will require each subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment, rendered against the subcontractor within the preceding 4-year period for a violation of said federal Occupational Safety and Health Act of 1970, said  29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected, and to provide to the awarding authority updated information every 6 months.

(e) As appropriate, the awarding authority shall refer matters related to information provided pursuant to subsections (a), (b) and (d) of this section to the appropriate agency.

(f)  During the performance of the contract, each awarding authority shall require that every 6 months contractors subject to this section update the information provided pursuant to subsection (a).

(g) If information regarding a citation, notice, decision or civil judgment, rendered against the offeror within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreements and documentation verifying if hazards identified have corrected, or similar information is obtained through other sources, the awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies if a hazard has not been abated.

(h) The awarding authority shall require that if information regarding a citation, notice, decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information is obtained through other sources, then the contractor shall inform the awarding authority and the awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the subcontractor to appropriate agencies if a hazard has not been abated.

(i) As appropriate, the awarding authority shall send information provided pursuant to subsection (a) and subsection (d) of this section to the appropriate agency.

(j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights or remedies.