Bill > H2738

This bill amends Massachusetts General Laws to allow for minority-owned business enterprise (MBE) and women-owned business enterprise (WBE) participation goals on certain public construction projects, specifically those procured under sections 44F of chapter 149 and section 8(a) of chapter 149A. These goals can be established by the awarding authority for specific classes of work, with a total participation goal not exceeding 10 percent of the value of the sub-bid or trade contractor work. Importantly, sub-bidders and trade contractors on these "applicable projects" (which include projects managed by the division of capital asset management and maintenance, the Massachusetts State College Building Authority, the University of Massachusetts Building Authority, and the Massachusetts Port Authority, as well as state-assisted projects costing $5,000,000 or more) will be permitted to meet these MBE/WBE goals by subcontracting out portions of their work that they would otherwise be legally required to perform themselves or that is customarily performed by other subcontractors, with a limit that the subcontracted portion to meet the goal does not exceed the goal by more than an additional 10 percent of their work's value. The bill also mandates a good faith waiver process for these participation goals.