[Adopted 3-28-2023[1]]
[1]
Editor's Note: This ordinance superseded former Art. XIXA, Chief Procurement Officer, adopted 8-17-2021.
There is hereby established a Procurement Department, to consist of a Director of Procurement and such assistants as the Mayor may determine.
A. 
The head of the Procurement Department shall be the Director of Procurement, who shall be appointed by the Mayor, with the approval of the Council, and shall qualify by oath before entrance upon the duties of this office for a term of three years. The Director of Procurement is a management and policy level position as defined by MGL c. 150E and is therefore not eligible for membership in a bargaining unit. The Director of Procurement shall be a person qualified by education, training and/or experience.
B. 
The Director of Procurement shall be the Chief Procurement Officer as defined in MGL c. 30B.
The Director of Procurement shall have such assistants as the Mayor may determine. The assistants shall be appointed by the Director of Procurement subject to the Mayor's approval and shall perform such duties as the Director of Procurement shall require.
Before entrance upon the duties of his/her office, the Director of Procurement shall furnish a surety bond for the faithful performance of his/her duties in the amount of $10,000, with the surety thereon to be approved by the City Solicitor.
The Director of Procurement shall:
A. 
Be responsible for the procurement and disposal of all supplies, materials, equipment and property for all departments and offices of the City, and including contracts for the construction, reconstruction or alteration of City buildings and property, and any services or purchases incidental thereto, and all laws covered under the Uniform Procurement Act, MGL c. 30, § 39M, MGL c. 30B, and MGL c. 149, §§ 44A through 44J.
B. 
Have authority to order or make inventories of the supplies, materials, equipment and furnishings of any and all departments. No department possessing excess or surplus personal property of any kind or description shall sell, exchange, transfer or dispose thereof without first certifying such personal property as surplus to the Director of Procurement; and, thereupon, the Director of Procurement shall circularize all departments and agencies as to their need for such surplus personal property; and if such need is determined, the Director of Procurement may order transfer of such property from one department or agency to another, and inventory adjustments between the departments shall be made accordingly. Surplus property shall be disposed of by the Director of Procurement. In the event surplus property is to be disposed of and has a value equal to or in excess of $20,000, the Director of Procurement shall obtain approval by the Mayor and the Council for prior approval before disposing of said surplus property. If the property to be disposed of has a value of less than $20,000, then the Director of Procurement may dispose of it without prior approval and must submit a report to the Mayor and the Council of the disposed property.
The Director of Procurement shall submit before December 1 of each year a full and comprehensive report on the work of the agent's office to the Mayor for the previous fiscal year.
All departments of the City shall file with the Purchasing Department detailed estimates of their requirements for supplies, equipment, and services in such manner, at such times and for such future periods as the agent shall prescribe. This shall not prevent any department from filing with the Purchasing Department at any time a requisition for any supplies, equipment, or services the need of which was not foreseen when the detailed estimates were filed.
Except as otherwise provided by ordinance, requisitions for the purchase of supplies, equipment, or services for any department shall be received by the Purchasing Department prior to the issuance of a purchase order or contract for such supplies, equipment, or services and shall be signed by the head of the using department or an authorized agent. The Director of Procurement shall examine each requisition and shall have the authority, after consultation with the department head, to revise it as to quantity, quality or estimated costs, but revision as to quality shall be in accordance with the standards and specifications provided. The agent shall promptly notify in writing the requisitioning department head of any such revision.
A. 
Whenever the time required to comply with a requirement of MGL c. 30B and this article would endanger the health or safety of the people or their property, the Director of Procurement may make an emergency procurement without following the requirement under the statute and article and in accordance with the City ordinance. An emergency procurement shall be limited to only supplies or services necessary to meet the emergency and shall conform to the requirements of law and ordinance to the extent practicable under the circumstances. The Director of Procurement shall make a record of each emergency as soon after the procurement as practicable, specifying each contractor's name, the amount and the type of each contract, a listing of the supply or service provided under each contract, and the basis for determining the need for an emergency procurement.
B. 
The Director of Procurement shall submit a copy of this record at the earliest possible time to the State Secretary for placement in any publication established by the State Secretary for the advertisement of procurements.
Nothing in this article shall be construed to authorize the Director of Procurement to take any action in connection with any purchase or contract in conflict with the General Laws of the Commonwealth or federal statutes; nor shall anything herein contained authorize the Director of Procurement to take any action in connection with any purchase or contract in conflict with the provisions of MGL c. 43; nor shall anything herein contained authorize or empower the Director of Procurement to have any jurisdiction or control over the acquisition, contracts for purchase or sale, transfer or disposition of real property acquired by or owned by the City.