Building Trades Testify for Bid‑law Changes to Define Fraud and Increase Transparency
Summary
Rich Marlin of the Massachusetts Building Trades Council asked the committee to consider legislation that would define fraud in public bidding statutes and add certificates of eligibility and updated statements to the list of publicly available procurement documents.
Rich Marlin of the Massachusetts Building Trades Council testified Oct. 8 on several procurement‑related proposals, including legislation to define fraud within the public bid statutes and a companion measure to increase transparency in procurement records.
Marlin said courts have found fraudulent conduct in past bid protests but that the statute lacks an express definition of fraud and therefore provides no statutory remedy in some cases. The proposed change would add a statutory definition so that remedies for fraudulent bidding practices are available under the public contracting law.
Marlin also described a separate transparency amendment intended to ensure that certificates of eligibility and updated statements are explicitly enumerated as public records under the procurement statute; the change would make those documents more readily available for public review.
Why it matters: Defining fraud and clarifying what procurement documents are public records could affect enforcement in bid protests and public oversight of contractor qualifications, with potential implications for contractors and awarding authorities.
