(2) As a condition for bidding or subcontracting, all Contractors shall verify under oath
and in writing at the time of bidding, submittal in response to an RFP, or prior to
entering into a contract or subcontract at any tier that they comply with the following
conditions for bidding or subcontracting, and, for the duration of the project, shall
comply with the following obligations:
a. The Contractor shall not have been debarred or suspended from or otherwise
prevented from bidding for or performing work on a public project by any federal,
state, or local government agency or authority in the past 5 years.
b. The Contractor shall not have been found within the past 5 years by a court or
governmental agency in violation of any law relating to providing workers
compensation insurance coverage, misclassification of employees as independent
contractors, payment of employer payroll taxes, employee income tax
withholding, wage and hour laws, earned sick time, prompt payment laws, or
prevailing wage laws.
c. The Contractor shall maintain appropriate industrial accident insurance sufficient
to provide coverage for all the employees on the project in accordance with
M.G.L. Ch. 152 and provide documentary proof of such coverage included with
the Contractor’s submitted bid, application process, or prior to commencing any
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Effective June 15, 2026
work, to be maintained as a public record.
d. The Contractor shall properly classify employees as employees rather than
independent contractors and treat them accordingly for purposes of prevailing
wages and overtime, workers’ compensation insurance coverage, unemployment
taxes, social security taxes, and state and federal income tax withholding (M.G.L.
Ch. 149 Sec. 148B on employee classification).