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SENATE DOCKET, NO. 1276 FILED ON: 1/20/2011 SENATE . . . . . . . . . . . . . . No. 577
The Commonwealth of Massachusetts _________________ PRESENTED BY: Karen E. Spilka _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying: An Act to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process. _______________ PETITION OF:
SENATE DOCKET, NO. 1276 FILED ON: 1/20/2011 SENATE . . . . . . . . . . . . . . No. 577
An Act to preclude contractors from retaining rebates that would undermine the integrity of the public procurement process. 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. Section 15 of chapter 73, as appearing in the 2008 Official Edition, is hereby amended by adding after the first paragraph the following paragraph: “Notwithstanding any other general or special law to the contrary, neither the trustees or officers of a state university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university. Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.” SECTION 2. Section 13 of chapter 75, as appearing in the 2008 Official Edition, is hereby amended by adding after the first paragraph the following paragraph: “Notwithstanding any other general or special law to the contrary, neither the trustees or officers of the university designated by them nor any official of the Commonwealth shall have authority to enter into any contract unless it provides that any rebates received by the contractor as a consequence of or coincident to the contract be fully disclosed and turned over to the college or university. Contracts that do not contain this language shall not be valid and the college or university shall make no payment under such contract.” SECTION 3. Section 22 of chapter 7, as appearing in the 2008 Official Edition, is hereby amended by inserting after the first sentence in subsection (20) the following sentence: “The undersigned also certifies under the penalties of perjury that to the extent that it receives any rebates, direct or indirect, from any third party, as a consequence of this proposal or the contract that codifies its acceptance, that such rebate will be fully disclosed and turned over to the governmental body.” |