Executive Order  No. 630: Establishing a Public Construction Projects Advisory Council

WHEREAS, the Healey-Driscoll Administration seeks to promote and facilitate the fullest possible participation by all residents in the affairs of the state and to enable businesses owned by people from a diverse range of backgrounds to be afforded equal opportunity to compete for public construction contracts; 

WHEREAS, Massachusetts remains committed to leading the nation in economic opportunity, diversity, equity, and inclusion; 

WHEREAS, there are approximately 697,585 small businesses in Massachusetts that employ approximately 1.5 million workers, which account for 99.5% of the business in the state and 44.7% percent of the state’s workforce; 

WHEREAS, on average, the Division of Capital Asset Management and Maintenance procures approximately $300 million of public building construction projects across the state each year; 

WHEREAS, convening stakeholders from the private and public sectors to share their experiences and best practices in procurement and contracting will lead to more effective strategies to improve inclusion of and equity for small, emerging, and diverse businesses in public building construction contracting;  

WHEREAS, expanding access and opportunities to participate on public building construction contracts among small, emerging, and diverse businesses will further the goal of achieving full participation by Massachusetts businesses in all sectors of our economy; 

NOW, THEREFORE, I, Maura T. Healey, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I do hereby order as follows: 

Section 1.  There is hereby established within the Office of the Governor a Public Construction Projects Advisory Council.  The Public Construction Projects Advisory Council will be charged with exploring opportunities to expand inclusionary contracting for small, emerging, and diverse Massachusetts businesses in public construction projects; to identify barriers to small, emerging, and diverse businesses created by the existing procurement and bidding process for public building construction projects; and to recommend to the Governor reforms or measures to reduce or eliminate such barriers. 

Section 2.  The Council shall be comprised of the Secretary of Administration and Finance or their designee, who shall serve as chair; the Office of the Governor’s Deputy Chief of Staff for Access and Opportunity or their designee, who shall serve as vice-chair; the Commissioner of the Division of Capital Asset Management and Maintenance or their designee, the Executive Director of the Supplier Diversity Office or their designee, and additional members appointed by the Secretary of Administration and Finance in consultation with the Office of the Governor who shall represent a diversity of perspectives and backgrounds from stakeholders in the state’s public building construction program, including those representing general contractors and subcontractors, organized labor, designers and engineers, open shop contractors, small, emerging, and diverse construction industry participants and businesses, including minority, Black, Latinx, Asian-American and Pacific Islander, women, veteran, disabled, and LGBTQ contractors, municipalities and municipal procurement officials, and other public awarding authorities and quasi-public entities overseeing or engaged in major public building construction.  

Section 3.  The Secretary of Administration and Finance shall designate staff, including from the Division of Capital Asset Management and Maintenance, to support the work of the Council. Such staff may attend Council meetings as observers and participate at the discretion of the Chair.  

Section 4.  The Council shall meet as often as the Chair directs and shall provide the Governor with specific recommendations for changes to existing laws, regulations, and policies and other suggestions addressing barriers to small, emerging, and diverse businesses by September 30, 2024.  

Section 5.  Nothing in this Executive Order shall be construed to require action inconsistent with any applicable state or federal law. 

Section 6.  This Executive Order shall take effect upon execution and shall continue in effect until the Council has delivered its recommendations to the Governor.