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HOUSE DOCKET, NO. 2873 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1551
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul McMurtry
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the Affordable Homes Act.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025Michael O. MooreSecond Worcester1/21/2025 1 of 7
HOUSE DOCKET, NO. 2873 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1551
By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1551) of
Paul McMurtry and Michael O. Moore relative to the renovation and repair of housing authority
properties. Housing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the Affordable Homes Act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Chapter 121B of the General Laws is hereby amended by adding the following
2section:
3 Renovation and repair of housing authority properties funded with capital pursuant to
4item 7004-0074 from chapter 150 of the acts of 2024; solicitation of bids; evaluation of bids;
5contract award; payment and performance bonds
6 Section 61. Notwithstanding any general or special law to the contrary, any housing
7authority that procures a construction contract for the renovation, or repair of housing authority
8property using funds pursuant to item 7004-0074 from chapter 150 of the acts of 2024 shall be
9subject to the provisions of this section and all prevailing wage requirements set forth in sections
1026 to 27F, inclusive, and section 29 of chapter 149 of the General Laws.
11 Every contract for the renovation or repair of housing authority property using funds
12pursuant to item 7004-0074 from chapter 150 of the acts of 2024 that is estimated by the 2 of 7
13awarding housing authority to be less than $10,000 shall be awarded using sound business
14practices as defined in section two of chapter 30B. the awarding housing authority shall make
15and keep a record of each procurement that, at a minimum, shall include the name and address of
16the person from whom the services were procured. An awarding housing authority that utilizes a
17vendor on a statewide contract procured through the operational services division, or a blanket
18contract procured by the awarding housing authority pursuant to section 39M of chapter 30, shall
19be deemed to have obtained the contract through sound business practices.
20 Every contract for the renovation or repair of housing authority property using funds
21pursuant to item 7004-0074 from chapter 150 of the acts of 2024, that is estimated by the
22awarding housing authority to be more than $10,000 may be awarded to the responsible and
23eligible bidder offering to perform the contract at the lowest price or through the solicitation of
24competitive sealed proposals through the issuance of a request for proposals. There shall be no
25requirements regarding sub-bids for contracts entered into pursuant to this section.
26 Where the housing authority chooses to award the contract to the lowest responsible
27bidder, the awarding housing authority shall make public notification of the contract and shall
28seek written responses from no fewer than 3 persons who customarily perform such work. Every
29public notification shall state that every response shall be accompanied by a copy of an
30appropriate certificate of eligibility issued by the commissioner pursuant to section 44D of
31chapter 149, insofar as those requirements are applicable to general bids only. For purposes of
32this subsection, the term ''public notification'' shall include, but need not be limited to, posting, at
33least 2 weeks before the time specified in the notification for the receipt of responses, the
34contract and scope-of-work statement: (1) on the website of the awarding housing authority, (2)
35in the central register published pursuant to section 20A 3 of 7
36 of chapter 9 and (3) in a conspicuous place in or near the primary office of the awarding
37housing authority. The solicitation shall include a scope-of-work statement that defines the work
38to be performed and provides potential responders with sufficient information regarding the
39objectives and requirements of the awarding housing authority and the time period within which
40the work shall be completed. The awarding housing authority shall record the names and
41addresses of all persons from whom written responses were sought, the names of the persons
42submitting written responses and the date and amount of each written response.
43 Where the housing authority solicits competitive sealed proposals through the issuance of
44a request for proposals, the request shall include:
45 (1) the time and date by which proposals shall be received, and the method by which the
46proposals shall be delivered and the maximum time for proposal acceptance by the housing
47authority;
48 (2) the scope of work and all criteria that shall be utilized in evaluating proposals;
49 (3) all contractual terms and conditions applicable to the procurement, provided that the
50contract may incorporate by reference a plan submitted by the selected offeror for renovating or
51repairing housing authority property;
52 (4) a notice stating that every proposal shall be accompanied by a copy of an appropriate
53certificate of eligibility issued by the commissioner pursuant to section 44D of chapter 149,
54insofar as those requirements are applicable to general bids only, together with an update
55statement; and 4 of 7
56 (5) a notice stating that every proposal shall be accompanied by a certification that the
57offeror is able to furnish labor that can work in concert with all other elements of labor employed
58or to be employed at the housing authority property.
59 All requests for proposals submitted under this section shall be in accordance with any
60and all executive office of housing and livable communities requirements. The request for
61proposals may incorporate documents by reference so long as the request for proposals specifies
62where prospective offerors may obtain such documents. The request for proposals shall provide
63for the separate submission of a price proposal and shall indicate when and how an offeror shall
64submit the price proposal. The housing authority shall make copies, including electronic copies,
65of the request for proposals available to all persons on an equal basis.
66 The request for proposals for the renovation or repair of a housing authority property
67shall be published in accordance with the provisions of section 44J of chapter 149, insofar as
68those requirements are applicable to general bids only.
69 The housing authority shall not open the proposals publicly but shall open them in the
70presence of at least one witness at the time specified in the request for proposals.
71Notwithstanding section 7 of chapter 4, until the completion of the evaluation or until the time
72for acceptance specified in the request for proposals, whichever occurs earlier, the
73 contents of the proposals shall remain confidential and shall not be disclosed to
74competing offerors. At the opening of proposals, the housing authority shall prepare a register of
75proposals. The register of proposals shall be open for public inspection. The housing authority
76shall open the price proposals at a later time and shall open the price proposals in a manner that 5 of 7
77ensures that the content of the price proposals is not disclosed to the individuals evaluating the
78proposals on the basis of criteria other than price.
79 The housing authority shall designate the individuals responsible for the evaluation of the
80proposals on the basis of criteria other than price. The designated individuals shall prepare their
81evaluations based solely on the criteria set forth in the request for proposals. Such criteria shall
82include all standards by which acceptability shall be determined as to quality, workmanship,
83results of inspections and tests, and suitability for a particular purpose, and shall also include all
84other measures that shall be utilized. The evaluations shall specify in writing:
85 (1) for each evaluation criterion, a rating of each proposal as highly advantageous,
86advantageous, not advantageous or unacceptable, and the reasons for such rating;
87 (2) a composite rating for each proposal and the reasons for such rating; and
88 (3) recommendations for revisions, if any, to each proposed plan for the renovation or
89repair of the housing authority property which shall be obtained by negotiation prior to awarding
90the contract to the offeror of the proposal.
91 The housing authority shall unconditionally accept a proposal except as provided by this
92paragraph. An offeror may correct, modify or withdraw a proposal by written notice received in
93the office designated in the request for proposals prior to the time and date set for the opening of
94proposals. After such opening, an offeror may not change the price or any other provisions of the
95proposal in a manner prejudicial to the interests of the housing authority or fair competition. The
96housing authority shall waive minor informalities or allow the offeror to correct them, subject to
97approval from the executive office of housing and livable communities. If a mistake and the
98intended offer are clearly evident on the face of the document, the housing authority shall correct 6 of 7
99the mistake to reflect the intended correct offer and so notify the offeror in writing, and the
100offeror may not withdraw the offer. The housing authority may permit an offeror to withdraw an
101offer if a mistake is clearly evident on the face of the document, but the intended correct offer is
102not similarly evident.
103 Taking into consideration price and the evaluation criteria set forth in the request for
104proposals, the housing authority shall determine the most advantageous proposal from a
105responsible, responsive and eligible offeror. If a responsible, responsive and eligible offeror
106submits the lowest price and has received a composite rating of highly advantageous on the basis
107of criteria other than price, then the housing authority shall determine that offeror's proposal to
108be the most advantageous proposal. If the offeror who submits the lowest price has not received
109a composite rating of highly advantageous on the basis of criteria other than price, then the
110Housing authority may, but shall not be required to, determine that the lowest price proposal
111from among those proposals that have received a composite rating of
112 highly advantageous on the basis of criteria other than price, is the most advantageous
113proposal. The housing authority may condition an award on successful negotiation of any
114revisions recommended in the evaluation and shall explain in writing the reasons for omitting
115any such revisions from the contract. The housing authority shall award the contract by written
116notice to the selected offeror within the time for acceptance specified in the request for
117proposals. The parties may extend the time for acceptance by mutual agreement.
118 If the housing authority awards the contract to an offeror who did not submit the lowest
119price, the housing authority shall explain the reasons for the award in writing, specifying in
120reasonable detail the basis for determining that the anticipated performance of the selected 7 of 7
121offeror justifies the additional cost, and the housing authority shall maintain such explanation in
122its files for at least six years from the date of final payment under the contract.
123 Every contract for renovation and repair of public housing property using funds pursuant
124to item 7004-0074 from chapter 150 of the acts of 2024 shall be subject to the applicable bond
125requirements set forth under section 44B of chapter 149 insofar as those requirements are
126applicable to general bids only, and section 39M of chapter 30.
127 The provisions of this section shall not apply to the extent that they prevent the approval
128of such specifications by any contributing federal agency.