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Massachusetts House Bill H2997

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2997 Compare Versions

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22 HOUSE DOCKET, NO. 3891 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2997
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Antonio F. D. Cabral
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to public procurement and inclusive entrepreneurship.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/20/2023Patricia A. Duffy5th Hampden1/26/2023Christopher Hendricks11th Bristol1/26/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023 1 of 20
1616 HOUSE DOCKET, NO. 3891 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2997
1818 By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2997) of
1919 Antonio F. D. Cabral and others relative to public procurement and inclusive entrepreneurship
2020 through the development, inclusion, and utilization of certified minority-owned business
2121 enterprises. State Administration and Regulatory Oversight.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to public procurement and inclusive entrepreneurship.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Subsection (i) of section 16G of chapter 6A of the General Laws, as
3131 2appearing in the 2020 Official Edition, is hereby amended by inserting, at the end of the first
3232 3paragraph, the following sentence:
3333 4 The annual report shall include an analysis of the share of economic development funds
3434 5administered by state agencies, including loans, grants, tax credits, and technical assistance
3535 6services, provided to entities certified under federal or state law as a minority-owned business.
3636 7 SECTION 2. Subsection (i) of said section 16G of said chapter 6A, as so appearing, is
3737 8hereby further amended by striking out, in the second paragraph, clauses 8 and 9, lines 82-94,
3838 9inclusive, and inserting in place thereof the following:
3939 10 (8) a report of patents or products resulting from agency-funded activities;
4040 11 (9) a description of technical assistance that the agency provided; and 2 of 20
4141 12 (10) the share of loans, grants, tax credits, or technical assistance services provided to
4242 13entities certified under federal or state law as a minority-owned business.
4343 14 SECTION 3. Subsection (l) of said section 16G of said chapter 6A, as so appearing, is
4444 15hereby amended by striking out the second paragraph and inserting in place thereof the following
4545 16paragraph:
4646 17 The secretary of housing and economic development, with the assistance of economic
4747 18development planning council appointed under this section, shall develop and implement a
4848 19written comprehensive economic development policy for the commonwealth and a strategic plan
4949 20for implementing the policy. The policy shall set long term goals and measurable benchmarks
5050 21which are not limited to a particular gubernatorial administration and shall give consideration to
5151 22any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan
5252 23shall include any major economic development initiatives and programs of the secretariat and
5353 24any agencies subject to this section. The strategic plan shall also include an assessment of racial
5454 25and ethnic disparities in employment and business ownership and an analysis of how the
5555 26economic development initiatives contained in the plan will contribute to reducing such
5656 27disparities. In developing the policy, the council shall review the published economic
5757 28development policy and plan in effect at the commencement of the governor's term of office and
5858 29may hold public hearings throughout the commonwealth. However, the council shall hold at least
5959 30one public hearing on the topic of racial and ethnic disparities in employment and business
6060 31ownership in the commonwealth.
6161 32 SECTION 4. Chapter 7 of the General Laws, as so appearing, is hereby amended by
6262 33inserting after section 62, the following section: 3 of 20
6363 34 Section 63. (a) The general court finds and declares that:
6464 35 (1) It is in the state’s interest to encourage competitive business opportunities for all of its
6565 36people. As anchor institutions, hospitals and higher education institutions are uniquely positioned
6666 37to build relationships within the communities they serve through the development, inclusion, and
6767 38utilization of certified minority-owned business enterprises whenever possible
6868 39 (2) By providing that each major anchor institution submit to the Office of Supplier
6969 40Diversity a report explaining the institutions supplier diversity statement and expressing its goals
7070 41regarding certified minority-owned businesses, and the office placing that information on the
7171 42office’s internet website, that online resource will help facilitate these supplier relationships.
7272 43 (b) As used in this section, the following words shall have the following meanings, unless
7373 44a contrary intent is clearly indicated:
7474 45 “Anchor institution”, a licensed hospital or college or university physically located in
7575 46Massachusetts.
7676 47 “Certified business enterprise”, a state- or federally-designated minority-owned business
7777 48physically located in the United States.
7878 49 “Office”, means the Office of Supplier Diversity.
7979 50 “Operating expenses”, means operating expenses, excluding physician professional fees,
8080 51as reflected in the annual financial report submitted to the office.
8181 52 (c) On or before July 1 of each year, each anchor institution with operating expenses of
8282 53$50,000,000 or more, or $25,000,000 or more when operating as a component of a larger
8383 54hospital or university system, shall submit an annual report to the office on its minority 4 of 20
8484 55enterprise procurement efforts during the previous year. The annual report shall include all of the
8585 56following:
8686 57 (1) The anchor institution’s supplier diversity policy statement.
8787 58 (2) The anchor institution’s outreach and communications to minority business
8888 59enterprises, including:
8989 60 (i) How the anchor institution encourages and seeks out minority business enterprises to
9090 61become potential suppliers.
9191 62 (ii) How the anchor institution encourages its employees involved in procurement to seek
9292 63out minority business enterprises to become potential suppliers.
9393 64 (iii) How the anchor institution conducts outreach and communication to minority
9494 65business enterprises.
9595 66 (iv) How the anchor institution supports organizations that promote or certify minority
9696 67business enterprises.
9797 68 (v) Information regarding appropriate contacts at the anchor institution for interested
9898 69business enterprises.
9999 70 (vi) The anchor institution’s procurements that are made from minority business
100100 71enterprises with at least a majority of the enterprise’s workforce in Massachusetts, with each
101101 72category aggregated separately, to the extent that information is readily accessible. An anchor
102102 73institution that is part of a system may report the diversity of its procurement in compliance with
103103 74this subparagraph from a system level if there are suppliers that provide services or goods to all 5 of 20
104104 75units within the system. An anchor institution shall report the diversity of the remainder of its
105105 76procurement, including the suppliers that do not resource the entire system.
106106 77 (3) The report may include other relevant information the office or anchor institution
107107 78deems necessary.
108108 79 (d) This section shall not be construed to require quotas, set-asides, or preferences in an
109109 80anchor institution’s goods or services.
110110 81 (e) By July 1, 2021, the office shall establish and maintain a link on the office’s internet
111111 82website that provides public access to the contents of each anchor institution’s report on minority
112112 83business enterprise procurement efforts. The office shall include a statement on the office’s
113113 84internet website that the information contained in the anchor institution’s report on minority
114114 85business enterprises is provided for informational purposes only.
115115 86 SECTION 5. Chapter 10 of the General Laws, as so appearing, is hereby amended by
116116 87inserting after section 10B, the following section:
117117 88 Section 10C. Prior to the state treasurer’s deposit of cash reserves to eligible lending and
118118 89banking institutions, as defined in section 10A of chapter 10 of the general laws, the treasurer
119119 90shall ensure the division of banks, as defined in section 1 of chapter 167 of the general laws, has
120120 91collected data required of lending institutions pursuant to section 13A of chapter 167 of the
121121 92general laws.
122122 93 SECTION 6. Chapter 167 of the General Laws, as so appearing, is hereby amended by
123123 94inserting, after section 13, the following section: 6 of 20
124124 95 Section 13A. (a) The division of banks shall require the collection of small business
125125 96lending data from all lenders, including online lenders, and small businesses on an annual basis.
126126 97The division shall also analyze the impacts that lenders, including online lenders, and their
127127 98practices have on minority borrowers in the Commonwealth.
128128 99 (b) The division shall promulgate regulations relative to the required collection of small
129129 100business lending data. Said regulations shall include, but not be limited to the following:
130130 101 (1) the establishment of a central depository of the collection and analysis of small
131131 102business lending data, to include, but not be limited to the following: lending and banking
132132 103institutions’ average annual percent rates, default rates, and fees.
133133 104 (2) procedures for the solicitation and acceptance of reports regarding small businesses’
134134 105incidents of predatory lending practices.
135135 106 (3) procedures for assessing the credibility and accuracy of reports of small business
136136 107lending data from lending institutions.
137137 108 (c) The division shall file an annual report with the information obtained pursuant to
138138 109subsections (a) and (b) as well as recommendations for best practices for small business
139139 110borrower lending with the house and senate clerks and the house and senate chairs of the joint
140140 111committee on financial services not later than July 1.
141141 112 SECTION 7. (a) Notwithstanding any general or special law to the contrary, all
142142 113appointive boards and commissions in the commonwealth established by the Massachusetts
143143 114general laws, including boards and commissions of a political subdivision of the state, if not
144144 115otherwise provided by law, shall adopt policies and practices designed to increase the racial and 7 of 20
145145 116ethnic diversity of their board membership and commission membership. To meet this goal, said
146146 117boards and commissions shall report on an annual basis to the secretary of state and the office of
147147 118the governor the following: (i) data on specific qualifications, skills and experience that the
148148 119board appointees considers for its board of directors and nominees for the board of directors and
149149 120commissions; (ii) the self-identified race and ethnicity of each member of said board of directors
150150 121and commissions; (iii) the number of total individuals on said boards and commissions; iv) a
151151 122description of the process of said board or commission for identifying, evaluating, and
152152 123determining nominees and appointees including, but not limited to, how demographic diversity is
153153 124considered; and (v) a description of the policies and practices of said boards and commissions for
154154 125promoting diversity, equity and inclusion among said boards and commissions and (vi) the total
155155 126number of people of color and the total number of individuals who serve as members on all
156156 127boards and commissions in the commonwealth.
157157 128 (b) To track and measure progress, an annual report shall be published by the office of
158158 129the governor, annually, not later than July 1, that provides: (i) demographic data provided by all
159159 130public board and commission applicants, including boards and commissions of a political
160160 131subdivision of the state, relative to ethnicity and race; and (ii) demographic data provided by all
161161 132public board and commission nominees or appointees, including boards and commissions of a
162162 133political subdivision of the state, relative to ethnicity and race, pursuant to section (a) of this act.
163163 134Any demographic data disclosed or released pursuant to this section shall be anonymized to the
164164 135extent practicable and shall not identify an individual applicant, nominee or appointed board
165165 136member or commissioner. Said demographic data shall also disclose aggregated statistical data
166166 137by commission or board sector and by secretariat that governs said board or commission, if
167167 138applicable. 8 of 20
168168 139 (c) Notwithstanding any general or special law to the contrary, and pursuant to any
169169 140established appointment procedures of individual boards or commissions in the commonwealth,
170170 141racial diversity shall be considered in any subsequent appointments made after July 1, 2021, to
171171 142any public boards and commissions in the commonwealth.
172172 143 (d) By January 1, 2025, all boards and commissions shall, to the extent feasible, broadly
173173 144reflect the general public of the commonwealth, including the percentage of racial and ethnic
174174 145minorities in the general population.
175175 146 SECTION 8. Sections 4 and 10 shall take effect on July 1, 2025.
176176 147 SECTION 9. Chapter 149 of the General Laws, as so appearing, is hereby amended by
177177 148inserting after section 44M, the following section:
178178 149 44N. (a) For purposes of this section the following phrases shall have the following
179179 150meanings:
180180 151 ''Underutilized bidder'', any minority person or business beneficially owned by one or
181181 152more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of
182182 153''minority business'' set forth in section 40N of chapter 7, any business beneficially owned by one
183183 154or more women as provided in the definition of ''women-owned business'' set forth in said
184184 155section 40N, any small business as provided in any micro- - of chapter 23A, and any local
185185 156business, defined as having its principal office in the geographic area over which the
186186 157procurement officer has jurisdiction and the owners of more than 50 percent of the business
187187 158enterprise are residents of the geographic area over which the procurement officer has
188188 159jurisdiction. 9 of 20
189189 160 ''Sheltered market program'', a program under which certain contracts are designated by
190190 161the chief procurement officer for procurement from one or more classes of underutilized bidders.
191191 162 (b) When authorized by majority vote, a chief procurement officer may establish a
192192 163sheltered market program in conformity with the requirements of this section. Such authorization
193193 164may apply to a single contract or to any number or types of contracts, shall specify the class or
194194 165classes of underutilized bidders to be included in the sheltered market program, and shall to the
195195 166extent constitutionally required be based on findings that such program is a remedy for the
196196 167present effects of past discrimination.
197197 168 (c) A procurement officer shall not solicit or award a contract pursuant to a sheltered
198198 169market program until the chief procurement officer, after notice and a public hearing, has
199199 170approved written procedures for the operation of such program, has filed such procedures with
200200 171the state office of minority and women business assistance and the secretary of state, and has
201201 172published such procedures or a summary thereof in a newspaper of general circulation within the
202202 173area served by the governmental body and in any publication established by the secretary of state
203203 174for the advertisement of such notices.
204204 175 Such written procedures shall, at a minimum, include:
205205 176 (1) procedures for the certification of underutilized bidders, which procedures shall
206206 177require the use of standardized application forms, the submission of applications sworn to under
207207 178the penalties of perjury, the maintenance of certification records by the chief procurement officer
208208 179or his designee, an opportunity for a business denied certification to be heard on such denial, the
209209 180issuance of certificates valid for a period not longer than two years, notice and an opportunity to
210210 181be heard prior to revocation of certificates, and a public information campaign to encourage 10 of 20
211211 182certification; provided, however, that a governmental body's certification procedures may
212212 183authorize participation in its sheltered market program by any eligible underutilized bidder duly
213213 184certified under the sheltered market program of another governmental body or by the state office
214214 185of minority and women business assistance;
215215 186 (2) in the event the authorization required by paragraph (b) does not designate the
216216 187specific contracts to which the sheltered market program applies, procedures for designating
217217 188such contracts, which procedures shall (i) set forth criteria for designating contracts, (ii) require
218218 189that each designation be in writing and based on written findings that the contract meets such
219219 190criteria, and (iii) provide for an administrative review of the appropriateness of including the
220220 191contract in the sheltered market program;
221221 192 (3) procedures for ensuring effective competition among underutilized bidders for
222222 193contracts within the sheltered market program, including procedures requiring (i) supplemental
223223 194advertising in media serving underutilized communities, (ii) for the procurement of the
224224 195construction, reconstruction, installation, demolition, maintenance or repair of any building in
225225 196the amount of one thousand dollars but less than ten thousand dollars, the receipt of written or
226226 197oral quotations from no fewer than three certified underutilized bidders customarily providing
227227 198such construction services; provided, however, that a quotation shall not be considered until the
228228 199bidder has submitted to the procurement officer a copy of a valid certificate, and (iii) for the
229229 200procurement of the construction, reconstruction, installation, demolition, maintenance or repair
230230 201of any building in the amount of ten thousand dollars or more, the receipt of responsive bids or
231231 202proposals from no fewer than three certified underutilized bidders; provided, however, that a bid
232232 203or proposal shall not be considered unless accompanied by a copy of a valid certificate; and 11 of 20
233233 204 (4) procedures for review and assessment of the sheltered market program, at least
234234 205annually, based upon a detailed written report by the chief procurement officer or his designee,
235235 206which report shall at a minimum set forth for the twelve months then ending (i) the number and
236236 207dollar value of contracts awarded to underutilized bidders under the sheltered market program,
237237 208(ii) the total number, the percentage, the total dollar value, and the percentage dollar value of
238238 209contracts awarded by the governmental body to underutilized bidders eligible for participation in
239239 210the sheltered market program, (iii) a description of other efforts undertaken by the governmental
240240 211body to increase its contracting with underutilized bidders, and (iv) recommendations for
241241 212continuing, modifying, or terminating the program.
242242 213 A violation of any valid procedure adopted pursuant to this section shall constitute a
243243 214violation of this chapter.
244244 215 (d) Advertisements for a contract within the sheltered market program shall state that the
245245 216contract will be awarded under a sheltered market program and shall specify the class or classes
246246 217of underutilized bidders to which competition for the contract is limited.
247247 218 (e) In no event shall a contract designated for inclusion in a sheltered market program be
248248 219awarded on a sole source basis. If fewer than three responsive bids, proposals, or quotations are
249249 220received, or if all bids, proposals, or quotations are rejected, the contract shall not be awarded
250250 221under the sheltered market program.
251251 222 (f) No contract shall be awarded under a sheltered market program for a term exceeding
252252 223three years, including any renewal, extension, or option. No underutilized bidder shall be
253253 224awarded a sheltered market program contract if at the time of award such bidder is a party to any
254254 225other sheltered market program contract the term of which, including any renewal, extension, or 12 of 20
255255 226option, has not expired. No underutilized bidder shall be awarded more than three sheltered
256256 227market program contracts by one or more governmental bodies within any one-year period.
257257 228 (g) Except as otherwise provided in this section, all procurements under a sheltered
258258 229market program shall be undertaken in accordance with the provisions of this chapter.
259259 230 SECTION 10. Section 44A of chapter 149, as so appearing, is hereby amended by
260260 231inserting after subsection 5, the following subsection:
261261 232 (6) An awarding authority awarding a contract under this chapter may ensure the prompt
262262 233payment to any subcontractor with whom the contractor has contracted by implementing a
263263 234prompt payment program. Any subcontractor that has fully performed in accordance with the
264264 235terms of the contract is entitled to prompt payment from a contractor under such a program.
265265 236 (a) If an awarding authority implements a prompt payment program, a contractor shall
266266 237notify all subcontractors with which it has contracted of the schedule of payments due to it by the
267267 238awarding authority and the receipt of such payments.
268268 239 (b) Within 14 days of receipt of a payment from the awarding authority, a contractor shall
269269 240pay a subcontractor the full or proportional amount received for each such subcontractor's work
270270 241and material, based on work completed or services provided under the subcontract, unless the
271271 242contract says otherwise.
272272 243 (c) A contractor may withhold payment within the 14-day period if a written notice
273273 244stating the reason for withholding is provided to the subcontractor and the
274274 245 (d) (1) If a subcontractor does not receive payment within the required period, the
275275 246subcontractor may give written notice of the nonpayment to the procurement officer, indicating: 13 of 20
276276 247 (i) the name of the contractor;
277277 248 (ii) the project under which the dispute exists;
278278 249 (iii) the amount in dispute;
279279 250 (iv) the itemized description on which the amount in dispute is based.
280280 251 (2) After review of the written notice, the procurement officer may schedule a meeting
281281 252with the subcontractor and contractor to evaluate the dispute and determine if the contractor is
282282 253wrongfull withholding or refusing payment.
283283 254 (i) If the procurement officer determines that the contractor is wrongfully withholding or
284284 255refusing payment, the contractor shall provide payment to the subcontractor within 7 days of the
285285 256meeting.
286286 257 (ii) If the contractor further withholds or refuses payment, the procurement officer may
287287 258impose a penalty of $100 per day until the contractor provides payment to a subcontractor.
288288 259 (e) If a contractor fails or refuses to pay a subcontractor within the required period after
289289 260the receipt of a payment from the awarding authority, a contractor shall pay, in addition to the
290290 261payment amount, interest accrued for each business day beyond the required payment period.
291291 262 (1) Interest will not begin to accrue until the beginning of the business day on from the
292292 263awarding authority.
293293 264 (2) procurement officer.
294294 265 SECTION 11. Chapter 149 of the General Laws, as so appearing, is hereby amended by
295295 266inserting after section 44A 1/2, the following section: 14 of 20
296296 267 44A 3/4 (a) A procurement officer may establish, for contracts awarded under
297297 268subsections 44A(c)-(d) of this chapter, an underutilized business subcontracting program for the
298298 269purpose of increasing participation of underutilized businesses in the public construction
299299 270industry. As used beneficially owned by one or more minority persons in conformity with
300300 271clauses (1) to (4), inclusive, of the definition of ''minority business'' set forth in section 40N of
301301 272chapter 7, any business beneficially owned by one or more women as provided in the definition
302302 273of ''women owned business'' set forth in said section 40N, any small business as provided in the
303303 274definition of -business as provided in the - any local business, defined as having its principal
304304 275office in the geographic area over which the procurement officer has jurisdiction and the owners
305305 276of more than 50 percent of the business enterprise are residents of the geographic area over
306306 277which the procurement officer has jurisdiction.
307307 278 (b) In establishing such a program, a procurement officer shall set project-specific
308308 279participation goals for underutilized subcontractors based on an assessment of the availability of
309309 280underutilized subcontractors to do the needed work. If a procurement officer implements such a
310310 281program, the requirement of a good-faith effort to meet these goals shall be included in the
311311 282evaluation of bidders, along with the requirements and criteria set forth in the invitation for bids.
312312 283A procurement officer may reject the lowest bid if the bidder does not meet the project
313313 284participation goals or show good faith efforts to meet the project participation goals outlined in
314314 285the invitation for bids.
315315 286 (1) Good-faith efforts, as used in this section, may include: (i) actively soliciting
316316 287underutilized businesses (ii) engaging in outreach to underutilized businesses in socially and
317317 288economically disadvantaged communities, (iii) making project plans available to underutilized
318318 289businesses for pre-bid inspection, (iv) providing bonding assistance to underutilized 15 of 20
319319 290subcontractors, and (v) working and developing relationships with trade and community
320320 291organizations that support underutilized businesses.
321321 292 (c) When implementing a subcontracting program, a procurement officer may establish a
322322 293preapprenticeship program to provide relevant training to develop the skills and expertise of
323323 294underutilized individuals in the construction industry. This pre-apprenticeship program may
324324 295include (1) training and courses on specific trades within the construction industry, financial
325325 296literacy, and exposure to apprenticeship programs, (2) support services and community building,
326326 297and (3) assistance in entering apprenticeship programs.
327327 298 (d) A procurement officer may set mandatory subcontracting minimums, either on an
328328 299annual basis or for individual projects estimated to cost over $50,000. The minimums shall be
329329 300expressed as a percentage of the total project value rather than as a percentage of the total
330330 301estimated subcontracting value.
331331 302 (1) Before adopting mandatory subcontracting minimums, a procurement officer may and
332332 303hold public hearings to determine the acceptable minimum benchmarks. The following
333333 304information may be considered when determining the appropriate mandatory subcontracting
334334 305minimum: (1) current participation of underutilized businesses on city construction projects, (2)
335335 306availability of underutilized businesses in the relevant geographic area to perform subcontracting
336336 307work on city construction projects estimated to cost over $50,000, and (3) barriers that currently
337337 308exist in the construction industry to exclude underutilized businesses in the relevant geographic
338338 309area.
339339 310 (2) An awarding authority of a public construction contract awarded under section 5 of
340340 311this chapter shall reject any bid that does not demonstrate feasible compliance with the 16 of 20
341341 312mandatory subcontracting minimum. A bidder must provide, in its proposal, a detailed plan for
342342 313engaging with underutilized businesses and for meeting the mandatory subcontracting minimum.
343343 314An awarding authority shall the mandatory subcontracting minimum and conduct an independent
344344 315assessment of subcontracting opportunities for underutilized businesses.
345345 316 (3) If a bidder does not demonstrate best efforts to meet the mandatory subcontracting
346346 317minimum, the awarding authority shall deem the bidder non-responsive.
347347 318 (4) An awarding authority shall include the mandatory subcontracting minimum in any
348348 319solicitations, requests for qualifications, requests for proposals, and any other bidding notices to
349349 320prospective bidders.
350350 321 (e) The procurement office of a local municipality located in the Commonwealth shall
351351 322make available an online public database for the purpose of tracking underutilized business
352352 323 (1) The procurement office shall engage in ongoing collection of the following
353353 324information: (1) the names and contact information of underutilized businesses in (2) the total
354354 325year-to-date dollar value paid directly to underutilized subcontractors on city procurement
355355 326projects, (3) the total year-to-date percentage of participation of underutilized businesses in the
356356 327relevant geographic area, (4) the year-to-date percentage of participation of underutilized
357357 328businesses in the relevant geographic area for each category of subcontract or trade work
358358 329enumerated in subsection 44F(1)(a), and (5) the diversity plans of each bidder on any public
359359 330construction project.
360360 331 (f) In addition to a public database containing information about a low to underutilized
361361 332business participation goals in public construction projects, a local procurement office shall 17 of 20
362362 333create and make available to small businesses and micro-businesses a public dashboard listing
363363 334upcoming public construction project opportunities.
364364 335 (1) A procurement officer may post an upcoming contracting opportunity prior to
365365 336soliciting prospective bidders from a list of past bidders.
366366 337 (2) A procurement officer may make good faith efforts to advertise the availability of the
367367 338dashboard to underutilized businesses a reasonable amount of time prior to the main website.
368368 339 (3) The dashboard shall set forth the following information:
369369 340 (a) The contract type
370370 341 (b) The estimated total contract value
371371 342 (c) The expected categories of subcontract and trade work required
372372 343 (d) The expected period of performance
373373 344 (e) The contract-specific underutilized business participation goals
374374 345 (f) The date that an invitation for bids will be issued and published
375375 346 (g) Any other information that the procurement officer deems necessary and beneficial to
376376 347underutilized businesses.
377377 348 (h) For a competitive grant program to be administered by the supplier diversity office, in
378378 349consultation with the secretary of technology services and security, to assist cities and towns
379379 350with information technology to facilitate the provisions of this section, including compiling data
380380 351to track the participation of and contracts awarded to minority-owned and women-owned 18 of 20
381381 352businesses, small and micro-businesses, and local businesses. Provided, that eligible uses shall
382382 353include, but not limited to, planning and studies, purchase, procurement, acquisition, licensing
383383 354 SECTION 12. Subsection (3) of section 44J of chapter 149, as so appearing, is hereby
384384 355amended by inserting the following clause:
385385 356 (a) An awarding authority may split any contract or preliminary plans and specifications
386386 357for the purpose of making public projects more accessible to underutilized micro-businesses.
387387 358 (i) For each individual new contract created from a split contract or preliminary plans and
388388 359specifications, an awarding authority shall adhere to the bidding procedures and provisions of
389389 360this section as if the contract or preliminary plans and specifications had not been split.
390390 361 SECTION 13. Section 39M of chapter 30, as so appearing, is hereby amended by
391391 362inserting after subsection (e), the following subsection:
392392 363 (f) When authorized by majority vote, a chief procurement officer may establish a
393393 364sheltered market program, as established under section 44K of chapter 149, in conformity with
394394 365the requirements of this section.
395395 366 SECTION 14. Section 49 of chapter 7C, as so appearing, is hereby amended by inserting
396396 367after subsection (e), the following new subsection:-
397397 368 (f) On any project procured under this chapter, including by any city, town, or agency,
398398 369board, commission, authority or instrumentality thereof, an awarding authority may set project
399399 370participation goals and/or include as an additional qualification that applicant meet these goals or
400400 371engage in good faith efforts to meet these goals.
401401 372 (i) Such good faith efforts may include:- 19 of 20
402402 373 (a) Ensuring the participation of underutilized businesses;
403403 374 (b) Outreach to local communities and underutilized businesses within these
404404 375communities, including communicating project opportunities;
405405 376 (c) Developing creative, specific plans to increase diversity and inclusion of underutilized
406406 377businesses.
407407 378 (ii) An awarding authority may require applicants to provide an affidavit that they will
408408 379exercise good faith efforts to meet project goals.
409409 380 (iii) An awarding authority may exercise discretion to reject any application that does not
410410 381show a commitment to diversity and inclusion.
411411 382 SECTION 15. Subsection (a) of section 18 of chapter 30B, as so appearing, is hereby
412412 383amended by striking the definition of “Disadvantaged vendor” and inserting in place thereof the
413413 384following new definition:
414414 385 any business beneficially owned by one or more minority persons in conformity with
415415 386clauses (1) to (4), inclusive, of the definition of ''Minority business'' set forth in section forty of
416416 387chapter seven, and any business beneficially owned by one or more women as provided in the
417417 388definition of ''Women-owned business'' set forth in said section 40N and any business
418418 389beneficially owned by 1 or more veterans as provided in the definition of ''veteran-owned
419419 390business'' as set forth in section 40N, and any small business as provided in the definition of -
420420 391business as provided in the - having its principal office in the geographic area over which the
421421 392procurement officer has jurisdiction and the owners of more than 50 percent of the business 20 of 20
422422 393enterprise are residents of the geographic area over which the procurement officer has
423423 394jurisdiction.