Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2034 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	SENATE DOCKET, NO. 1525 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2034
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
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 relative to the definition of fraud in public construction bid laws.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterRodney M. Elliott16th Middlesex1/30/2023James C. Arena-DeRosa8th Middlesex1/30/2023Adam Scanlon14th Bristol1/30/2023Steven Ultrino33rd Middlesex1/30/2023Michael D. BradySecond Plymouth and Norfolk1/30/2023Christopher Hendricks11th Bristol1/30/2023Angelo J. Puppolo, Jr.12th Hampden1/30/2023Jack Patrick Lewis7th Middlesex1/30/2023Carlos González10th Hampden1/30/2023Vanna Howard17th Middlesex1/31/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Frank A. Moran17th Essex2/1/2023David F. DeCoste5th Plymouth2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023Christopher M. Markey9th Bristol2/8/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/8/2023 2 of 2
16	16	James K. Hawkins2nd Bristol2/8/2023Kay Khan11th Middlesex2/8/2023Pavel M. PayanoFirst Essex2/13/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/13/2023Thomas M. Stanley9th Middlesex2/13/2023Hannah Kane11th Worcester2/13/2023Michelle M. DuBois10th Plymouth2/15/2023James B. EldridgeMiddlesex and Worcester2/22/2023Brian W. Murray10th Worcester2/22/2023Adam GomezHampden2/22/2023Colleen M. Garry36th Middlesex2/27/2023Marcus S. Vaughn9th Norfolk3/2/2023Paul R. FeeneyBristol and Norfolk3/8/2023Bruce J. Ayers1st Norfolk3/9/2023 1 of 3
17	17	SENATE DOCKET, NO. 1525 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2034
19	19	By Mr. Moore, a petition (accompanied by bill, Senate, No. 2034) of Michael O. Moore, Rodney
20	20	M. Elliott, James C. Arena-DeRosa, Adam Scanlon and other members of the General Court for
21	21	legislation to define fraud in public construction bid laws. State Administration and Regulatory
22	22	Oversight.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 2086 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to the definition of fraud in public construction bid laws.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Subsection (a) of section 39M of chapter 30 of the General Laws, as
34	34	2appearing in the 2020 Official Edition, is hereby amended by striking out the words “The
35	35	3undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and
36	36	4made without collusion or fraud with any other person” and inserting in place thereof the
37	37	5following words:-
38	38	6 The undersigned certifies under penalties of perjury that this bid is in all respects bona
39	39	7fide, fair and made without collusion with any person and contains no intentional
40	40	8misrepresentations, omissions or false statements. As used in this paragraph the word “person” 2 of 3
41	41	9shall mean any natural person, joint venture, partnership, corporation or any other business or
42	42	10legal entity.
43	43	11 SECTION 2. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby
44	44	12amended by inserting after the definition of “Eligible” the following definition:-
45	45	13 “Fraud”, a statement, act or omission relating to a material fact that (i) has the natural
46	46	14tendency to be relied upon by or to influence the average person, (ii) is knowingly false or
47	47	15misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead,
48	48	16regardless of whether the statement, act or omission is actually relied upon
49	49	17 SECTION 3. Said section 44A of said chapter 149, as so appearing, is hereby further
50	50	18amended by striking out the definition of “responsible" and inserting in place thereof the
51	51	19following definition:-
52	52	20 “Responsible” means demonstrably possessing the skill, ability and integrity necessary to
53	53	21faithfully perform the work called for by a particular contract, based upon a determination of
54	54	22competent workmanship and financial soundness in accordance with the provisions of section
55	55	23forty-four D of this chapter and shall certify that his bid contains now misrepresentations,
56	56	24omissions, or false statements.
57	57	25 SECTION 4. Section 2 of chapter 149A of the General Laws, as so appearing, is hereby
58	58	26amended by inserting after the definition of “Designer” the following definition:-
59	59	27 “Fraud”, a statement, act or omission relating to a material fact that (i) has the natural
60	60	28tendency to be relied upon by or to influence the average person, (ii) is knowingly false or 3 of 3
61	61	29misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead,
62	62	30regardless of whether the statement, act or omission is actually relied upon.
63	63	31 SECTION 5. Subsection (f) of section 8 of said chapter 149A, as so appearing, is hereby
64	64	32amended by striking the fourth sentence and replacing it with the following sentence:-
65	65	33 The decision of the prequalification committee shall be final and not subject to appeal
66	66	34except on the grounds that a submission contains intentional, material misrepresentations,
67	67	35omissions, or false statements, or of collusion.
68	68	36 SECTION 6. Section 19 of said chapter 149A, as so appearing, is hereby amended by
69	69	37striking out paragraph (6) and inserting in place thereof the following:-
70	70	38 (6) The RFP shall require that every response shall be accompanied by a bid deposit in
71	71	39the form of a bid bond, or cash, or a certified check on, or a treasurer’s or cashier’s check issued
72	72	40by a responsible bank or trust company, payable to the awarding authority. The amount of such
73	73	41bid deposit shall be 5 per cent of the value of the bid. Any person submitting a bid under this
74	74	42section shall, on such a bid, certify as follows:
75	75	43 The undersigned certifies under penalty of perjury that this bid is in all respects bona fide,
76	76	44fair, made without collusion with any other person and contains no intentional material
77	77	45misrepresentations, omissions or false statements. As used in this paragraph the word “person”
78	78	46shall mean any natural person, joint venture, partnership, corporation or other business or legal
79	79	47entity.