Mass. Gen. Laws » Part I Title II Chapter 7
Massachusetts General Laws

Mass. Gen. Laws ch. 7, § 53 (2026)

Definitions applicable to Secs. 52 to 55

✓ current as of July 2026
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Section 53. As used in sections fifty-two to fifty-five, inclusive, the following words shall have the following meanings:—

''Agency'', an executive office, department, division, board, commission or other office or officer in the executive branch of the government of the commonwealth, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Department of Transportation, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

''Business day'', any calendar day excluding Saturdays, Sundays, and legal holidays.

''Dependent'', the spouse and children of an employee if such persons would qualify for dependent status under the Internal Revenue Code or for whom a support order has been or could be granted under chapter two hundred and eight, two hundred and nine, or two hundred and nine C.

''Privatization contract'', an agreement or combination or series of agreements by which a non-governmental person or entity agrees with an agency to provide services, valued at $500,000, but as of January 1 each year, the amount shall increase to reflect increases in the consumer price index calculated by the United States Bureau of Labor Statistics for all urban consumers nationally during the most recent 12 month period for which data are available or more, which are substantially similar to and in lieu of, services theretofore provided, in whole or in part, by regular employees of an agency. Any subsequent agreement, including any agreement resulting from a rebidding of previously privatized service, or any agreement renewing or extending a privatization contract, shall not be considered a privatization contract. A contract for information technology services shall not be considered a privatization contract if an employee organization recognized under chapter 150E, as the exclusive representative of an affected employee, as determined by the secretary of administration and finance, agrees to the terms of the contract in writing. An agreement solely to provide legal, management consulting, planning, engineering or design services shall not be considered a privatization contract.

Notes of Decisions
Cited in 5 cases, 2000–2016 · leading case: Serv. Employees Int'l Union, Local 509 v. Dep't of Mental Health, 14 N.E.3d 216 (Mass. 2014).
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Serv. Employees Int'l Union, Local 509 v. Dep't of Mental Health, 14 N.E.3d 216 (Mass. 2014). · cites it 7× “2 *325 DMH concluded that the contracts into which it sought to enter did not constitute “privatization contracts” within the meaning of G. L. c. 7, § 53, 3 and that it was therefore not subject to the terms of the Pacheco Law.”
Serv. Employees Int'l Union, Local 509 v. Dep't of Mental Health, 63 N.E.3d 1097 (Mass. 2016). · cites it 5× “The basis for the dismissal was two-fold: first, the action was moot as to the now-expired 2009 contracts, and, second, the remaining extant renewal contracts were immune from challenge by virtue of G. L. c. 7, § 53 (§ 53) (“any agreement renewing .”
Massachusetts Bay Transp. Auth. v. Auditor of the Commonwealth, 724 N.E.2d 288 (Mass. 2000). · cites it 2× “” G. L. c. 7, § 53. Procedures that agencies must follow when beginning the bidding process for and entering into a privatization contract are set forth in G.”
Serv. Employees Int'l Union, Local 509 v. Auditor of the Commonwealth, 64 N.E.3d 257 (Mass. 2016). · cites it 3× “” G. L. c. 7, § 53. The Auditor’s judgment that the “essential contracts” are those which actually include the private providers taking over public services directly aligns with this definition.”
Serv. Employees Int'l Union, Local 509 v. Massachusetts Dep't of Mental Health, 33 Mass. L. Rptr. 51 (Mass. Super. Ct. 2015). · cites it 2× “As to which contracts are privatization contracts and thus subject to the statute’s requirements, that is set forth in G.L.c. 7, §53 (Section 53), which defines a “privatization contract" to be: an agreement or combination or series of agreements by which a nongovernmental…”
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