The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to improve competition in the furnishing of materials for use in certain public c ontracts. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Subparagraph (b) of section thirty-nine M of chapter thirty is hereby amended
by striking the last sentence and inserting in place thereof the following
sentence:—
For each item of material the specifications shall provide either a minimum
of three named brands of material or a generic description of material which
can be met by a minimum of three manufacturers or producers, whose names and model
numbers shall be stated in the specifications or in an addendum when any bidder
requests same in writing within a reasonable time prior to the bid opening date
and for the equal of any one said named or described materials; and no material
submitted for approval as the equal of a brand named in the specifications
shall be rejected for failing to meet a characteristic or requirement not
explicitly stated in the description of material in the specifications.
This amendment shall apply to any contract awarded pursuant to an invitation
for bids issued subsequent to its effective date.