Bill Text: MA S1465 | 2009-2010 | 186th General Court | Introduced
Bill Title:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/16 at 12:00 PM in Hearing Room B1 [S1465 Detail]
Download: Massachusetts-2009-S1465-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Tolman, Steven (SEN)
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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 passage of the accompanying bill:
An Act relative to emergency contracts.
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PETITION OF:
|
Name: |
District/Address: |
|
Tolman, Steven (SEN) |
Second Suffolk and Middlesex |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S01911 OF 2007-2008.]
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act relative to emergency contracts.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 149 of the General Laws is hereby amended in section 44A by striking
paragraph (4) and inserting in place thereof the following:-
(4) In cases of extreme emergency, the awarding authority may, with the prior
approval of the auditor, award a contract for that portion of the work
necessary to preserve the health or safety of persons or property on the basis
of such competitive bids or proposals as it can obtain in the time to care for
the extreme emergency and without public opening of the bids or proposals. In
no case shall such a contract be approved pursuant to this paragraph for any
work that the auditor determines could have been avoided through regular
maintenance. All contracts awarded pursuant to this paragraph shall be to
remedy the immediate emergency only. Upon executing a contract pursuant to this
paragraph the awarding authority shall forward a copy of said contract to the
auditor. The auditor shall cause a list of such contracts to be published
monthly in the central register. Said list shall include the awarding authority
and a brief description of the work covered by the contract.
Where the nature of the emergency prevents the awarding authority from obtaining the prior approval of the author, the awarding authority may contract for the necessary work without said prior approval; provided, however, that the approval of the auditor shall still be sought at the earliest possible time; and provided, further, that if the auditor at that time fails to approve the emergency determination the awarding authority shall promptly cease all work for which the emergency determination was denied. In such cases, the contractor shall be entitled to payment for the fair value of the labor and materials furnished prior to cessation of the work.
The auditor shall maintain a record of all contracts awarded pursuant to this subsection, containing a description of the circumstances and the reasons for the Commissioner's determination.
