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H 3385

An Act further defining fraud in public construction contracts

194th Legislature (2025-2026) Introduced by Christopher Markey

Expands fraud definition in public bids to include false, misleading, or reckless statements, requiring clear and convincing evidence for enforcement.

Hearing rescheduled to 10/08/2025 from 01:00 PM-01:55 PM in 222 and Virtual Hearing updated to New End Time
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Bill Summary · H 3385

Summary: H.3385 — An Act further defining fraud in public construction contracts

Overview and purpose

  • Bill number: H.3385
  • Title: An Act further defining fraud in public construction contracts
  • Introduced: February 27, 2025
  • Primary sponsor: Rep. Christopher M. Markey (Dartmouth)
  • Committee: State Administration and Regulatory Oversight
  • Purpose: To expand and clarify the definition of “fraud” in the context of bids for public construction contracts in Massachusetts, and to modify the bid certification language accordingly.

Key provisions and changes

  • Bid certification language reform
    • The bill amends Subsection (a) of section 39M of chapter 30, by replacing the current certification statement about bids being bona fide, fair, and without collusion or fraud with a broader certification. The new language states:
    • “The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or entity or fraud.”
  • Definition of “fraud”
    • The bill provides a specific statutory definition of “fraud” for purposes of the bid certification. Fraud is defined as:
    • A statement, act, or omission relating to a material fact of significant importance to the construction project that:
      • (i) has been relied upon to the detriment of an awarding authority or its representatives,
      • (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity, and
      • (iii) is intended to mislead and has been shown by clear and convincing evidence to have done so.
  • Scope and intent
    • The added definition explicitly ties fraud to misrepresentation related to material project facts and outlines evidentiary standards (clear and convincing) for proving wrongdoing.
    • The change broadens the concept of fraud beyond traditional “collusion” to include false, misleading, or reckless statements or omissions in bid materials.

Affected parties and impact

  • Primarily affects bidders on Massachusetts public construction projects (contractors, vendors, and any entity submitting bids).
  • Awarding authorities and their representatives are given enhanced protection against fraudulent bid submissions.
  • Potentially increases accountability by providing a clearer, heightened standard for proving fraud (clear and convincing evidence) in bid-related disputes or enforcement actions.

Procedural history and timeline

  • Referred to the committee on State Administration and Regulatory Oversight: February 27, 2025.
  • Senate concurrence noted on February 27, 2025.
  • Related hearing updates:
    • Hearing rescheduled to October 8, 2025 (originally 1:00 PM–1:55 PM in 222; virtual hearing with a new end time).
    • Earlier reschedules noted: October 1, 2025 and various other time/location changes.
  • Related bill: HD 3278 (replaces); similar matter previously filed in 2023-2024 as House No. 3086.

Notes

  • The bill does not specify an effective date within the text provided.
  • The amendment is part of a broader effort to deter and penalize fraudulent behavior in public contracting by tightening bid certifications and defining fraud with concrete evidentiary standards.

Compiled from official sources — confirm details with the bill’s official record.

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