| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 1673 FILED ON: 1/18/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3068 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Patrick Joseph Kearney |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act to procure public products or services from Massachusetts or the United States. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/18/2023 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 1673 FILED ON: 1/18/2023 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3068 |
|---|
| 18 | 18 | | By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 3068) of |
|---|
| 19 | 19 | | Patrick Joseph Kearney for legislation to procure public products or services from businesses in |
|---|
| 20 | 20 | | Massachusetts or the United States. State Administration and Regulatory Oversight. |
|---|
| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 22 | 22 | | SEE HOUSE, NO. 3229 OF 2021-2022.] |
|---|
| 23 | 23 | | The Commonwealth of Massachusetts |
|---|
| 24 | 24 | | _______________ |
|---|
| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
|---|
| 26 | 26 | | (2023-2024) |
|---|
| 27 | 27 | | _______________ |
|---|
| 28 | 28 | | An Act to procure public products or services from Massachusetts or the United States. |
|---|
| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 30 | 30 | | of the same, as follows: |
|---|
| 31 | 31 | | 1 Chapter 7 of the General Laws is hereby amended by striking out section 22O, as |
|---|
| 32 | 32 | | 2appearing in the 2020 Official Edition, and inserting in place thereof the following section:- |
|---|
| 33 | 33 | | 3 Section 22O. Notwithstanding any general or special law to the contrary relating to |
|---|
| 34 | 34 | | 4procurement, and to the extent permitted by federal law, a state agency or authority shall procure |
|---|
| 35 | 35 | | 5products or services from businesses, as defined in section 3A of chapter 23A, with their |
|---|
| 36 | 36 | | 6principal place of business in the commonwealth when available, provided that the same |
|---|
| 37 | 37 | | 7products or serves are not available for 10% less in cost out of the commonwealth. When |
|---|
| 38 | 38 | | 8products or services are not available in the commonwealth, they must be made from businesses |
|---|
| 39 | 39 | | 9within the United States, provided that the same products or serves are not available for 10% less |
|---|
| 40 | 40 | | 10out of United States. When products or services are not available within the United States, then 2 of 2 |
|---|
| 41 | 41 | | 11foreign purchases are permissible. In addition, the operational services division shall endeavor to |
|---|
| 42 | 42 | | 12ensure that in any fiscal year no less than 15 per cent of statewide procurement contracts are |
|---|
| 43 | 43 | | 13entered into with businesses, as so defined, which: (i) are independently owned and operated; (ii) |
|---|
| 44 | 44 | | 14have a principal place of business in the commonwealth; (iii) have been in business for at least 1 |
|---|
| 45 | 45 | | 15year; and (iv) are defined as a small business under applicable federal law or are defined by the |
|---|
| 46 | 46 | | 16division as small businesses pursuant to the small business purchasing program. |
|---|