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Rep. Ferrante files bill redefining "fraud" and tightening bid certifications for public-construction contracts
Summary
House Bill No. 3333, filed Jan. 17, 2025 by Rep. Ann‑Margaret Ferrante and co‑petitioners, would amend multiple Massachusetts procurement statutes to add a detailed legal definition of “fraud,” revise bidder certification language, set a 5% bid deposit for certain RFPs and limit grounds for appeal of prequalification decisions.
State Representative Ann‑Margaret Ferrante filed House Bill No. 3333 on Jan. 17, 2025, proposing changes to how “fraud” and bidder certifications are defined and enforced in Massachusetts public‑construction procurement law. The bill would amend provisions in chapter 30, section 39M; chapter 149, section 44A; and chapter 149A (sections 2, 19 and 8).
The measure would replace existing certification language in section 39M of chapter 30 so that bidders must certify under penalty of perjury that a bid "is in all respects bona fide, fair and made without collusion with any person and contains no intentional misrepresentations, omissions or false statements," and it clarifies that "person" includes natural persons and business entities. The bill adds a three‑part statutory definition of “fraud” in section 44A of chapter 149 and in chapter 149A that requires (i) the statement, act or omission relate to a material fact that would tend to influence an average person, (ii) be knowingly false, misleading or in reckless disregard of its truth or falsity, and (iii) be intended to mislead whether or not it is actually relied upon.
Under the proposed changes the statutory definition of “responsible” (for bidders) would be amended to require demonstrable skill, ability and integrity and to require that a bidder certify its bid contains no misrepresentations, omissions or false statements. For designer‑led procurements under chapter 149A the bill would require responses to request for proposals to be accompanied by a bid deposit equal to 5 percent of the value of the bid and would include similar certification language for those submissions.
The bill also revises the appeal standard for prequalification committee decisions, making those determinations final and not subject to appeal except on grounds that a submission contains intentional, material misrepresentations, omissions, false statements, or collusion.
The filing notes similar matter in House No. 3030 of 2023‑2024; House Bill No. 3333 was referred to the Joint Committee on State Administration and Regulatory Oversight. The text does not specify legislative timelines, implementation steps, or estimated fiscal impacts. The bill, as filed, would change statutory definitions and certification requirements but does not itself enact regulations or administrative procedures for enforcement.
Who would be affected: bidders and proposers for state public‑construction contracts, awarding authorities and prequalification committees, and businesses that participate in designer‑led procurements. The text of the filing does not specify fiscal estimates, enforcement mechanisms beyond certification penalties, or an effective date. Next steps: committee consideration and any subsequent amendments, hearings, or votes are not specified in the filing.
