By Mr. Fagan of Taunton, petition (accompanied by bill, House, No. 3189) of James H. Fagan relative to the standard contractor evaluation forms submitted to the Division of Capital Asset Management and Maintenance. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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PETITION OF:

James H. Fagan

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In the Year Two Thousand and Seven.

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An Act relative to the standard contractor evaluation forms submitted to the division of capital asset management and maintenance.

    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 44D of Chapter 149 of the General Laws, as appearing

in the 2004 Official Edition, is hereby amended by striking out

subsection (7) and inserting in place thereof the following subsection:—

(7) The division of capital asset management and maintenance

shall develop a standard contractor evaluation form that shall be

completed by every public agency, upon completion of a building

project under its control, and submitted to said division for the

contractor’s qualification file. The standard contractor evaluation

form shall be completed by the public agency and submitted to

said division prior to the issuance of any certificate permitting

occupancy of any said building. The public agency official, or the

architect or engineer responsible for the oversight of the building

construction contract, shall certify that the information contained

on the contractor evaluation form represents, to the best of his

knowledge, a true analysis of the contractor’s performance record

on that contract. The public agency shall mail a copy of the contractor

evaluation form to the contractor and the contractor may

within thirty days, submit a written response to said division disputing

any information contained within the evaluation form. No

public employee or public employer as defined in section two of

chapter two hundred fifty-eight, and no architect or engineer shall

be personally liable for any injury or loss to any contractor as a

result of the completion of a contractor evaluation form as

required by this section unless the individual completing such

evaluation form acted in a grossly negligent or malicious manner.

In determining which is the most advantageous offer, the

awarding authority shall consider the information submitted by

the offerors on the update statement.