Bill
S 2198
The bill requires sealed price proposals to be submitted within five calendar days after the sealed technical proposals in design-build procurement.
Note on source materials and discrepancies
- The materials provided contain conflicting information. The Bill Title at the top describes a consumer‑reporting restriction (prohibiting use of late cashless toll payments for creditworthiness), and the listed sponsors are primarily U.S. Senators. However, the bill text and docket metadata are for Massachusetts Senate Bill No. 2198 (filed by State Senator Jacob R. Oliveira) titled “An Act relative to the submission of design build proposals,” which amends a procurement statute (Mass. Gen. Laws, ch. 149A, §20(b)). This summary focuses on the actual bill text (Massachusetts design–build procurement amendment). If you intended the consumer‑reporting proposal, please confirm and provide the correct text.
Purpose and intent
- The bill aims to tighten the timeline for two‑step design–build procurement submissions by requiring awarding authorities to collect sealed price proposals within a short, specified window after receipt of sealed technical proposals. The intent is to standardize and shorten the interval between technical and price submissions in design–build contracting.
Key provision
- Amendment to Mass. General Laws, chapter 149A, section 20(b):
- Strikes the last sentence of subsection (b) and replaces it with a new requirement: “The awarding authority shall require the sealed price proposal to be submitted no more than five calendar days after submission of the sealed technical proposal.”
- Effectively mandates that price proposals follow technical proposals within five calendar days (calendar days, not business days).
Who would be affected
- Awarding authorities (state agencies, municipal governments, and other public bodies using design–build under ch. 149A): must adopt procurement documents and processes to enforce the five‑day price submittal requirement.
- Design–build proposers and contractors: must be prepared to submit sealed price proposals no later than five calendar days after submitting sealed technical proposals, which may affect internal proposal preparation, pricing strategies, staffing, and bonding/financial arrangements.
- Procurement administrators and legal counsel: will need to update solicitations, procurement calendars, and guidance to ensure compliance and address any transitional or logistical issues.
- Potential indirect effect on competition and pricing: shorter windows might reduce time for bidders to finalize pricing after technical teams refine proposals, which could affect responsiveness and risk allocation.
Practical and procedural notes
- The change is narrowly targeted to subsection (b) of §20 of ch. 149A and does not, on its face, alter other procurement requirements (evaluation criteria, award rules, public notice requirements).
- As drafted, the deadline is measured in calendar days; agencies should clarify whether weekends/holidays affect submission logistics.
- Current status (from provided actions): introduced in the Massachusetts Senate; referred to various committees per the docket entries. Because docket entries are inconsistent (mentions of State Administration and Regulatory Oversight, Consumer Protection, and Armed Services), verify the up‑to‑date committee referral and hearing schedule with the Massachusetts legislative clerk.
Implications and considerations
- Pros: greater predictability and uniformity in procurement timelines; may accelerate project delivery and reduce prolonged bid windows.
- Cons: may pressure proposers, potentially disadvantaging smaller firms with fewer resources to finalize pricing quickly; administrative burden on awarding authorities to manage compressed timelines.
- Agencies and stakeholders may wish to develop implementing guidance or a short transition period to adapt to the five‑day rule.
If you want a summary of the consumer‑reporting / cashless‑toll proposal instead, please provide that bill text or confirm the correct bill number and jurisdiction.
Compiled from official sources — confirm details with the bill’s official record.
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