Need a It Contract in Massachusetts? AroundWire Can Help

In Massachusetts, contracts for IT services—encompassing software development, cloud solutions, cybersecurity, and technical support—are governed by a blend of state procurement laws and industry best practices. Public sector IT contracts must comply with Massachusetts General Laws (notably M.G.L. c. 30B for municipalities and M.G.L. c. 7 for state agencies), which require competitive bidding and transparent vendor selection. Vendors are typically subject to the Commonwealth’s Standard Contract Form and Terms and Conditions, mandating clear deliverables, data security provisions, and adherence to privacy laws such as the Massachusetts Data Security Regulation (201 CMR 17.00). Contractors may need to demonstrate relevant professional certifications (e.g., ISO/IEC 27001 for security, SOC 2) and, where applicable, vendor registration with the state’s COMMBUYS system. Insurance requirements commonly include general liability, professional liability (errors & omissions), and cyber liability coverage, with the Commonwealth named as an additional insured. Payment terms are generally net 30 days, contingent on acceptance of deliverables, with retainage possible for large or complex projects. Risk factors include strict data breach notification duties and potential penalties for non-performance or security lapses. Dispute resolution typically favors negotiation or mediation before litigation, with Massachusetts law and venue prevailing. Contracts often include audit rights, non-discrimination clauses, and requirements for subcontractor approval, reflecting the state’s emphasis on transparency and accountability in IT procurement.