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HOUSE DOCKET, NO. 1687 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 3347
The Commonwealth of Massachusetts
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PRESENTED BY:
Russell E. Holmes
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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 fair participation of minority and women-owned businesses on public
construction projects.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 3
HOUSE DOCKET, NO. 1687 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 3347
By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 3347) of
Russell E. Holmes relative to the fair participation of minority and women-owned businesses on
public construction projects. State Administration and Regulatory Oversight.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3048 OF 2023-2024.]
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 fair participation of minority and women-owned businesses on public
construction projects.
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. Section 6 of Chapter 7C of the Massachusetts General Laws is hereby
2amended by adding the following new subsection:-
3 (h ½)The provisions of this section shall only apply to filed sub-bids procured under
4section 44F of chapter 149 and trade contractor bids procured under section 8(a) of chapter
5149A. For purposes of this section “applicable projects” shall mean any project procured by the
6division of capital asset management and maintenance, the Massachusetts State College Building
7Authority, the University of Massachusetts Building Authority, and the Massachusetts Port
8Authority under sections 44A-J of chapter 149 or sections 1-12 of chapter 149A and any state
9assisted building project with an overall estimated cost of $5,000.000 or more and the provisions 2 of 3
10of this section shall apply only to such filed sub-bid or CM at Risk trade packages. On
11applicable projects only, the awarding authority may establish minority owned business
12enterprise and women owned business enterprise participation goals for any of the filed sub-bid
13classes of work under section 44F of chapter 149 and for any of the trade contractor classes of
14work under section 8(a) of chapter 149A. The total minority owned business enterprise and for
15women owned business enterprise participation goal set by the awarding authority for a
16particular class of work shall not exceed 10 percent of the value of the filed sub-bid or trade
17contractor work. Notwithstanding any general law or contractual provision to the contrary, on
18applicable projects filed sub-bidders and trade contractors in the classes of work listed in section
1944F of chapter 149 and referenced in section 8 of chapter 149 respectively shall be permitted to
20meet the minority owned business enterprise and women owned business enterprise
21participation goals by subcontracting out portions of the trade contractor work which the sub-
22bidder or trade contractor is otherwise required by law to perform with employees on its own
23payroll and/or portions of the trade work which is customarily performed by sub-trade
24subcontractors within the trade. Provided, the total value of the trade work which the filed sub-
25bidder or trade contractor is required by law to self-perform which the filed sub-bidder or trade
26contractor subcontracts out to meet the minority owned business enterprise and women owned
27business enterprise participation goal shall not exceed such goal by more than an additional 10
28percent of the value of the filed sub-bidder or trade contractor’s work The commissioner shall
29establish a good faith pre bid and post bid/pre-award waiver process for filed sub-bidders and
30trade contractors requesting a reduction or waiver of a participation goal. 3 of 3
31 SECTION 2. Section 44F, subsection (1) (a) of Chapter 149 of the Massachusetts
32General Laws is hereby amended by inserting after the third sentence in the first paragraph, the
33following new sentence:-
34 Provided however, that a sub-bidder may subcontract out portions of its work in order to
35meet MBE/WBE goals set on Division of Capital Asset Management and Maintenance,
36Massachusetts State College Building Authority, University of Massachusetts Building
37Authority, and Massachusetts Port Authority projects and on any state assisted project as set
38forth in section 6(h1/2,) of chapter 7C.
39 SECTION 3. Section 8, subsection (g) (6) of Chapter 149A of the Massachusetts General
40Laws is hereby amended by adding at the end thereof the following new sentence:-
41 Provided however, that a trade contractor may subcontract out portions of its work in
42order to meet MBE/WBE goals set on Division of Capital Asset Management and Maintenance,
43Massachusetts State College Building Authority, University of Massachusetts Building
44Authority, and Massachusetts Port Authority projects and on any state assisted project as set
45forth in section 6(h1/2)of chapter 7C.