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.

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

“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.

“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.

(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.

(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:…

(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.

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.