Massachusetts
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
1% administrative fee per engagement over the life of contract
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
801 MA ADC 21.02
Citation Language:
Best Value. The result of common sense Procurement decision-making consistent with the State's Procurement Principles, which are to balance and support the achievement of: required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative Procurement and business relationships, encouraging competition, encouraging the continuing participation of quality Contractors and supporting State and Department Procurement planning and implementation.
Westlaw Flags:
No Flag
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Massachusetts Government Website
Citation Language:
Office of Attorney General handles disputes for public works construction, designer selection, public building construction, alternative delivery methods, and accreditation disputes arising from a decision made by the Division of Capital Asset Management Maintenance
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
MA ST 30B § 2
Citation Language:
“Responsive bidder or offeror”, a person who has submitted a bid or proposal which conforms in all respects to the invitation for bids or request for proposals.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MA ST 30B § 2
Citation Language:
“Responsible bidder or offeror”, a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.
Name:
Commodity Code
Commodity Code:
UNSPSC
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$50,000
Citation:
MA ST 30B § 6
Citation Language:
(a) Except as permitted under section 6 or section 8, award of procurement contracts in the amount of more than $50,000 or, in the case of a municipal or regional school district, award of procurement contracts in the amount of more than $100,000, shall conform to the competitive sealed bidding procedures set forth in this section. This subsection shall not apply to contracts for the procurement of real property.
Small Purchases/Informal Purchasing:
$10,000; $50,000
Citation 2:
MA ST 30B § 4
Citation Language 2:
Section 4. (a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service for a governmental body in the amount of $10,000 or greater, but not more than $50,000, a procurement officer shall seek written quotations from not fewer than 3 persons customarily providing the supply or service; provided, however, that for the procurement of a supply or service for a municipal or regional school district, such amount shall be $10,000 or greater but not more than $100,000. The procurement officer shall record the: (i) names and addresses of all person from whom quotations were sought; (ii) purchase description used for the procurement; (iii) names of the persons submitting quotations; and (iv) date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement for the governmental body in an amount of not more than $50,000 shall be subject to section 5; provided, however, that any procurement for a municipal or regional school district such amount shall be not more than $100,000. (b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation. (c) A procurement in the amount of less than $10,000 shall be obtained through the exercise of sound business practices.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
815 MA ADC 5.07
Citation Language:
(1) This section applies to: (a) Post-litigation settlements or judgments in contract claims arising from capital projects including: 1. all claims arising from contracts related to capital construction projects funded through bond funds pursuant to M.G.L. c. 29, § 14, including contracts for all phases of project study, design and construction; 2. all claims arising from contracts related to “pool account” capital projects, i.e., bonded projects which include various activities of a certain type, such as asbestos or toxic waste removal; and 3. all claims arising from eminent domain takings in connection with capital projects. (b) Post-litigation settlements and judgments in contract claims arising from agency contracts funded from the agency's annual maintenance appropriation. (2) 815 CMR 5.07 generally does not apply to disputed claims for payment under contracts, whether funded through capital or maintenance appropriations, which are resolved at the administrative level as part of a dispute resolution mechanism of contract management prior to the initiation of litigation. These claims may be paid from funds encumbered for the contract or by the submission of a change order or release or other appropriate encumbering action as appropriate. If such funds are unavailable, payment shall be made pursuant to 815 CMR 5.09 Infra. (3) Notification Procedure When Contract Litigation Instituted. (a) Within 30 days of the institution of litigation on any contract claim, the agency attorney, or other staff person assigned to the matter for the purposes of evaluating the financial risk of the litigation and monitoring its progress, shall submit a report on the claim to the General Counsel of the Comptroller. The report shall be on a form supplied by the Comptroller and include: 1. a description of the claim, including contract and encumbrance identification numbers; 2. the amount of the claim; 3. an evaluation of the potential amount of contingent liability; and 4. an evaluation of the potential for a settlement or likelihood of recovery on the claim. (b) Reports shall be updated once a year by August 1. Where possible, reports shall be prepared in consultation with the Assistant or Special Assistant Attorney General assigned to handle the case. (4) Procedure for payment (a) Contract claims from maintenance appropriations which are settled or ordered to be paid pursuant to litigation in the fiscal year in which funds were encumbered shall be paid from said encumbered funds through the accounts payable period. (b) Any settled pre-litigation claims related to regular maintenance appropriations for which contract funds are unavailable due to the expiration of the accounts payable period, and all post-litigation settlements and judgments in contract matters shall be paid in accordance with the procedures set forth in 815 CMR 5.06 Infra, regarding the payment of settlements and judgments after the initiation of litigation.
Comments:
Contract claims can be made on capital projects.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
Comments:
Decision must be challenged in court.
eProcurement:
eProcurement
Platform:
MDF Commerce; Periscope Holdings
System Type:
eProcurement
Public Link:
System Name:
COMMBUYS
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
No official guidance
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
MA ST 30B § 1
Citation Language:
(a) This chapter shall apply to every contract for the procurement of supplies, services or real property and for disposing of supplies or real property by a governmental body as defined herein. (b) This chapter shall not apply to:...
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Citation:
Massachusetts Operational Services Division
Citation Language:
The Non-Profit Purchasing Programs were developed by the Massachusetts' Operational Services Division to allow eligible non-profit organizations to purchase commodities and services directly from statewide contractors at the low price negotiated by the Commonwealth.
Authorization:
Yes
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Procurement Office
Reports To:
Other
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Comments:
Applies to both IFBs and RFPs
Formal Solicitation - Minimum Window for Proposals/Bids:
14 Days
Citation:
MA ST 30B § 5 (c)
Citation Language:
(4) remain posted, for at least two weeks, in a conspicuous place in or near the offices of the governmental body until the time specified in the invitation for bids; and (5) be published at least once, not less than two weeks prior to the time specified for the receipt of bids, in a newspaper of general circulation within the area served by the governmental body and on the COMMBUYS system administered by the operational services division.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Full Authorization
Citation:
MA ST 30B § 6A
Citation Language:
a) A chief procurement officer may enter into procurement contracts for more than $50,000, utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids shall be accepted and shall provide that the procedure remain open until the designated closing date and time. (b) All bids on reverse auctions shall be posted electronically on the internet and updated on a real-time basis and shall allow for registered bidders to lower the price of their bid below the lowest bid on the internet. (c) The chief procurement officer shall require vendors to register before the reverse auction opening date and time and, as part of the registration, agree to any terms and conditions and other requirements of the solicitation. (d) Any mechanism including, but not limited to, software, developed by the operational services division to conduct reverse auctions by the commonwealth, shall provide for the utilization of that mechanism by municipalities. (e) The operational services division may assess a municipality utilizing the reverse auction mechanism a reasonable fee, calculated to compensate for any increased cost attributable to such utilization, which shall be credited to the General Fund. (f) Reverse auctions shall not be subject to clause (1) of subsection (b) or subsection (d) of section 5 but shall be subject to all other provisions of said section 5.
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
MA ST 30B § 1
Citation Language:
(a) This chapter shall apply to every contract for the procurement of supplies, services or real property and for disposing of supplies or real property by a governmental body as defined herein. (b) This chapter shall not apply to: (1) a contract subject to the provisions of section thirty-nine M of chapter thirty, section 11C or section 11I of chapter 25A or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine; (2) a contract subject to the provisions of sections thirty-eight A ½ to thirty-eight O, inclusive, of chapter seven; (3) an intergovernmental agreement subject to the provisions of section four A of chapter forty; (4) a transaction with the commonwealth, except as pertains to subsection (i) of section 16; (5) a contract for the purchase of materials, under specifications of the state department of highways, and at prices established by the department, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter eighty-one or chapter ninety; (6) a contract for the advertising of required notices; (7) an agreement between agencies, boards, commissions, authorities, departments or public instrumentalities of one city or town; (8) an agreement for the provision of special education pursuant to chapter seventy-one B and regulations promulgated pursuant thereto; (9) a contract to purchase supplies or services from, or to dispose of supplies to, any agency or instrumentality of the federal government, the commonwealth or any of its political subdivisions or any other state or political subdivision thereof; (10) the issuance of bonds, notes or securities in accordance with procedures established by law; (11) contracts and investments made in accordance with sections fifty-seven or fifty-seven A of chapter thirty-five or sections sixty-seven or sixty-seven A of chapter forty-four; (12) a contract for the procurement of insurance or surety bonds, including an agreement subject to the provisions of sections one to sixteen, inclusive, of chapter forty M or the provisions of sections twenty-five E to twenty-five U, inclusive, of chapter one hundred and fifty-two; (13) contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof; (14) any contracts or agreements entered into by a municipal gas or electric department governed by a municipal light board, as defined by section fifty-five of chapter one hundred and sixty-four or by a municipal light commission, as defined by section fifty-six A of said chapter one hundred and sixty-four; provided, however, that any such board or commission may accept the provisions of this chapter by a majority vote of its members; (15) contracts with labor relations representatives, lawyers, or certified public accountants; (16) contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses' assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers, and veterinarians; (17) a contract for snow plowing by a governmental body; (18) a contract or lease by a governmental body of its boat slips, berths, or moorings; (19) a contract for retirement board services; provided, however, that the procurements shall take place under section 23B of chapter 32; (20) a contract which is funded by proceeds derived from a gift to a governmental body or a trust established for the benefit of a governmental body; (21) a contract for the towing and storage for motor vehicles; (22) a contract to provide job-related training, educational or career development services to the employees of a governmental body; <[ There is no clause (23).]> (24) a contract for ambulance service by a governmental body; (25) a contract to sell lease or acquire residential, institutional, industrial or commercial real property by a public or quasi-public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority; (26) a contract for the collection of delinquent taxes or for the services of a deputy tax collector; (27) contracts or agreements entered into by a municipal hospital or a municipal department of health; (28) contracts entered into by a governmental body on behalf of a hospital owned by such governmental body where such contract is funded by expenditures from an operations account, so-called, or a special account, established pursuant to a special act that is maintained for the benefit of and designated with the name of such hospital; (29) any contracts, agreements or leases entered into by a municipal airport commission established under the provisions of section fifty-one E of chapter ninety; provided, however, that such contracts, agreements or leases apply to aviation uses or the sale of aviation fuel; (30) a contract for the collection, transportation, receipt, processing or disposal of solid waste, recyclable or compostable materials; (31) an agreement for the purchase of photography services entered into by a public school; (32) energy aggregation contracts entered into by a political subdivision of the commonwealth for energy or energy related services arranged or negotiated by such subdivision on behalf of its residents; (32A) contracts with architects, engineers and related professionals;. (33) energy contracts entered into by a city or town or group of cities or towns or political subdivisions of the commonwealth, for energy or energy related services; provided, however, that within 15 days of the signing of a contract for energy or energy related services by a city, town, political subdivision, or group of cities, towns or political subdivisions said city, town, political subdivision, or group of cities, towns or political subdivisions shall submit to the department of public utilities, the department of energy resources, and the office of the inspector general a copy of the contract and a report of the process used to execute the contract; provided, further, that for any such contract determined to contain confidential information under subclause (r) of section 7 of chapter 4, the governmental body shall instead maintain a record of the procurement processes and awards for 6 years after the date of the final payment. The governmental body shall make such records available to the inspector general upon request; provided, however, that the inspector general shall not disclose said information; or (34) a contract made in accordance with section 5 of chapter 111C. (c) This chapter shall be deemed to have been complied with on all purchases made under the provisions of sections twenty-two A and twenty-two B of chapter seven when one political subdivision, as defined in said section twenty-two A, acting on behalf of other political subdivisions, complies with the provisions of this chapter, or when purchases are made from a vendor pursuant to a contract with the commonwealth for the item or items being purchased. (d) Where a procurement involves the expenditure of federal assistance or contract funds, the provisions of this chapter shall not apply to the extent that such provisions prevent compliance with mandatory provisions of federal law and regulations. (e) Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract, in conformance with this chapter, for the construction and for services at a facility owned by a private party or parties, whether such facility will be located on public or private land for the disposal, recycling, composting or treatment of solid waste, sewage, septage or sludge without said contract being subject to the competitive bid process as set forth in sections thirty-eight A ½ to thirty-eight O, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine; provided, however, that this subsection shall not apply to a procurement of proprietary environmental technology in accordance with subsection (5) of section forty-four A of chapter one hundred and forty-nine. (f) This chapter shall be deemed to have been complied with on all purchases made from a vendor pursuant to a General Services Administration federal supply schedule that is available for use by governmental bodies.
