2009 Massachusetts Code
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE I JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL COURT, STATUTES AND PUBLIC DOCUMENTS
CHAPTER 5 PRINTING AND DISTRIBUTION OF LAWS AND PUBLIC DOCUMENTS
Section 1 Supervision of state printing; printing contracts; payment of prevailing wages; penalties

Section 1. The state purchasing agent shall supervise the state printing and all publications by the commonwealth shall be printed under his direction; provided, that the foregoing provisions shall not apply to topographic maps issued by state departments, to legislative printing or to publications required to be issued by the state secretary under sections two to four, inclusive, or under chapter ninety of the resolves of nineteen hundred and twenty or any other special provision of law. All publications by the commonwealth shall be distributed under the direction of the state secretary unless otherwise provided.

The commissioner of administration, or any other awarding official, in the advertising for bids or the placing of orders for the execution of printing, composition, proof reading, presswork, all processes used in the making of printing plates, paper ruling and binding, or for the supplying of office stationery and blank books without printed headings, for the several departments of the government of the commonwealth other than the legislative department, shall take into consideration the facilities of the several bidders including sub-contractors or other employers of the several establishments, or of the several establishments under consideration in the matter of placing such orders, as the case may be, as well as the terms offered. Contracts or orders shall be given to such establishments only as pay the prevailing rate of wages, based on wage rates and working hours that have been established by collective bargaining agreement or understanding between organized labor and employers; provided, that nothing herein contained shall prevent said commission, or any other awarding official, from placing contracts or orders with existing state institutions or departments which furnish printing or other work of the kind and character above mentioned. Said commission, or other awarding official, may reject any and all bids received.

The prevailing rate of wages shall be determined by the director of labor and workforce development as herein provided. Said prevailing rates shall be based on wage rates and working hours that have been established by collective bargaining agreement or understanding between organized labor and employers in the printing and binding industry. The director of labor and workforce development shall upon application from the commission on administration and finance prepare and furnish for the use of said commission or other awarding officials, a list of the several classifications of labor usually performed by the employees in the printing and binding trades together with the prevailing rate of wages and working hours.

Every contractor, sub-contractor or other employer engaged in any work to which this section applies shall keep a true and accurate record of all employees, showing the name, address and occupational classification of each employee, and the hours worked by, and the wages paid to, each such employee, and shall furnish to said commissioner upon his request a true statement of the contents of such record. Such records shall be kept in such manner as said commissioner shall prescribe, and shall be open to inspection by any authorized representative of said commission or of the department of labor and workforce development at any reasonable time and as often as may be necessary.

Whoever, as a contractor, sub-contractor or other employer engaged in any work to which this section applies or whoever, for himself or as an agent, superintendent or foreman for another, fails to pay the determined prevailing rate of wages or otherwise violates any provision of this section shall be punished for a first offence by a fine of not less than twenty-five nor more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than three months, or both. Whoever shall have been convicted of a second violation of any provision in this section shall be prohibited from contracting, directly or indirectly, with the commonwealth for, or from performing, any work covered by this section as contractor or sub-contractor for a period of two years from the date of said conviction.

Bonds, satisfactory to said commission, or other awarding official, may be required to be given by the party to whom any contract is awarded, to secure its faithful performance.

The department of labor and workforce development shall enforce this section, and shall have all the necessary powers therefor.