Mass. lawmaker files bill to clarify definition of fraud in public construction bids

State Representative Christopher M. Markey filed legislation on Jan. 17, 2025, that would revise the certification bidders must make for public construction contracts and add an explicit three-part definition of “fraud.” The bill is filed as House No. 3385 (House Docket No. 3278) and was referred to the Joint Committee on State Administration and Regulatory Oversight.

The bill would amend subsection (a) of section 39M of chapter 30 of the Massachusetts General Laws. It replaces the current certification language with wording that says a bidder "certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or entity or fraud" and then defines "fraud" as a statement, act or omission relating to a material fact of significant importance to the construction project that (i) has been relied upon to the detriment of an awarding authority or its representatives, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity, and (iii) is intended to mislead and has been shown by clear and convincing evidence to have done so.

The change would alter the statutory certification bidders sign when submitting proposals for public construction under Mass. Gen. Laws ch. 30, §39M, specifying both the conduct that constitutes fraud and the evidentiary standard needed to show it. The bill text cites the 2022 Official Edition of the General Laws as the version being amended.

The filing notes a similar matter (House No. 3086) was filed in the 2023–2024 session; the new bill is presented in the One Hundred and Ninety-Fourth General Court (2025–2026). No committee action, votes, or amendments are recorded in the filing itself; legislative consideration and any formal votes would occur after committee referral.

If enacted, the amendment would affect contractors who bid on public construction projects and the awarding authorities that evaluate bids; the bill text ties the fraud definition to harms "to the detriment of an awarding authority or its representatives." The filing does not specify penalties or procedural changes beyond the altered certification and definition language.

Next steps under the legislative process will include committee review, possible public hearings and amendments, and votes in the House and Senate. The bill as filed does not indicate an effective date or appropriation and does not record any sponsor statements or legislative findings beyond the text of the amendment.