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December 05, 2025 Clear | 14°F
The 194th General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title III LAWS RELATING TO STATE OFFICERS
  4. Chapter 30B UNIFORM PROCUREMENT ACT
  5. Section 23 Cooperative purchasing agreements between public procurement units or public procurement unit and external procurement activity

Section 23

Section 23: Cooperative purchasing agreements between public procurement units or public procurement unit and external procurement activity

[ Text of section effective until February 18, 2025. For text effective February 18, 2025, see below.]

  Section 23. A public procurement unit may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of supplies with public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The public procurement unit conducting the procurement of supplies shall do so in a manner that constitutes a full and open competition.

Chapter 30B: Section 23. Procuring electric vehicles and installation of electric vehicle supply equipment; bidder qualifications; security by bond

[ Text of section as amended by 2024, 239, Sec. 34 effective February 18, 2025 until June 30, 2029. Repealed by 2024, 239, Sec. 35. See 2024, 239, Sec. 138. For text effective until February 18, 2025, see above.]

  Section 23. Notwithstanding section 39M of chapter 30 or any other general or special law to the contrary, a governmental body may, pursuant to this chapter, procure electric vehicles, including electric school buses, and the installation of electric vehicle supply equipment as defined in section 2 of chapter 25B for such electric vehicles. Electric vehicles and the installation of related electric vehicle supply equipment may be procured separately or in a single procurement. For the purposes of this section, electric vehicles shall be considered supplies and electric vehicle supply equipment and its installation shall be considered services; provided, however, that if electric vehicles and electric vehicle supply equipment and its installation are procured in a single procurement both shall be considered supplies.

  A contract under this section shall only be awarded to a bidder who: (i) possesses the skill, ability and integrity necessary for the faithful performance of the work; (ii) certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (iii) certifies that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is not less than 10 hours in duration at the time the employee begins work and furnish documentation of successful completion of such course with the first certified payroll report for each employee; and (iv) obtains within 10 days of the notification of contract award the security by bond required under section 29 of chapter 149. For the purposes of this section, "security by bond'' shall mean the bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. Sections 26 to 27D, inclusive, of said chapter 149 shall apply to any contract entered into under this section.