Bill > H2785

This bill amends existing Massachusetts General Laws concerning public construction contracts to promote full and open competition when specifying materials. It requires that specifications for materials be written using descriptive elements and characteristics without trade or brand names, or by performance standards, ensuring that at least three manufacturers or producers can meet the requirements, with their names and model numbers provided upon written request. While proprietary specifications (those that restrict competition to a specific brand or product) are generally disallowed, the bill allows them only if the awarding authority makes a written determination with sound public interest reasons, which must be publicly recorded and available upon request. Furthermore, all specifications must include a provision allowing for an "equal" item to be furnished, meaning any material that is equal in quality, performance, and substantially conforms to the detailed requirements, even with minor deviations, will be considered acceptable.