City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[Adopted 7-10-1990 by Ord. No. 283-90[1]; amended in its entirety 6-20-2017 by Ord. No. 178-2017[2]]
[1]
Editor's Note: This ordinance also repealed former Art. XXIV, Purchasing Department, adopted as §§ 2-216 and 2-217 of the 1965 Code, as amended.
[2]
Editor’s Note: This ordinance also changed the name of the Purchasing Division to the “Purchasing Department.”
A. 
There is hereby established within the Department of Finance and Administration a Purchasing Department, which shall be under the direction and supervision of the Chief Procurement Officer, who, except as provided in § 3-210C and D, will have the duties and responsibilities under Massachusetts law for procuring all the goods and services, design services and construction services needed by the City and implementing the purchasing, procurement and public bidding laws of both the commonwealth and the City for all departments and divisions of the City.
B. 
The Chief Procurement Officer shall direct, supervise, and have control of the Purchasing Department. The Chief Procurement Officer shall have all powers and duties prescribed by this chapter and shall be responsible for all purchases and contractual services, as well as the sale of surplus real property and goods, and shall maintain oversight of the City print shop and its personnel.
C. 
The Chief Procurement Officer shall be a person fitted by education, training and experience to efficiently and effectively perform the duties of the office and shall particularly be qualified to handle procurements pursuant to all laws of the commonwealth pertaining to procurement. The Chief Procurement Officer shall maintain the status of Massachusetts Certified Public Purchasing Official throughout his or her tenure.
D. 
The Chief Procurement Officer shall perform such other duties related to the functions, duties and authorities set forth herein, or as prescribed by the Mayor, or any applicable state or local laws and ordinances.
A. 
Office established and assigned. There is established the office of the Deputy Procurement Officer, and such office is assigned to the Purchasing Department in the Department of Finance and Administration.
B. 
Duties. The duties of the Deputy Procurement Officer shall be to assist the Chief Procurement Officer in discharge of his or her duties. The Deputy Procurement Officer shall, in the absence of the Chief Procurement Officer, perform duties of the same.
C. 
Qualifications. The Deputy Procurement Officer shall be a person fitted by education, training and experience to efficiently perform the duties of the office and shall particularly be qualified to handle procurements pursuant to MGL c. 30B, §§ 4, 5, and 6, and the procurement of design services pursuant to MGL c. 7, § 38A 1/2, and the procurement of construction services pursuant to MGL c. 30 and 39m and MGL c. 149, § 44A et seq.
A. 
The Chief Procurement Officer shall ensure that all specifications received from departments are definite and certain, and shall permit open and fair competition.
B. 
The Chief Procurement Officer shall have the authority to determine responsibility and responsiveness of bidders and proposers, and shall have the authority to declare vendors or contractors nonresponsible or to disqualify them from receiving orders.
A. 
Except as provided in Subsections C and D of this section, the Purchasing Department shall procure all goods, services, supplies and construction and design contracts in accordance with the applicable laws of the commonwealth.
B. 
All procurements shall be initiated by a properly completed requisition form to the Purchasing Department.
C. 
The Chief Procurement Officer, pursuant to procedures indicated in MGL c. 30B, § 19, may delegate specific procurement authority to certain employees. Procurement of goods and services under this subsection shall nonetheless be procured under the requirements of applicable provisions of state law and the City Code, and the Chief Procurement Officer shall approve the result of the procurement prior to execution of any contract.
D. 
The Chief Procurement Officer may delegate specific procurement authority to the School Department by the Superintendent of Schools or his or her designee, pursuant to procedures indicated in MGL c. 30B, § 19. Procurement of goods and services under this subsection shall nonetheless be procured under the requirements of applicable provisions of state law and the City Code, and the Chief Procurement Officer shall approve the result of the procurement prior to execution of any contract.
A. 
Each department shall be responsible for inspection and acceptance of all goods received. Items that do not conform to the specifications or are deficient in any way shall be rejected. Any deviations shall be reported immediately to the contractor and the Purchasing Department and confirmed, in writing, to both the contractor and the Chief Procurement Officer.
B. 
It shall be the responsibility of each department to monitor the performance of any contracted services to ensure that the specifications are strictly adhered to. Services not conforming to the stated contract requirements shall be rejected; the contractor and the Purchasing Department shall be notified immediately, in writing, of noncompliant performance.
A. 
The department head shall compile standard specifications for all proposed procurements. The specifications shall be complete and adequate in order to promote full and open competition.
B. 
The department head, with the assistance of the Purchasing Department, shall develop evaluation criteria to be contained in requests for proposals.
C. 
The Purchasing Department shall procure all goods, services, supplies and construction in accordance with the applicable laws of the commonwealth and the ordinances of the City of Fitchburg.
D. 
Pursuant to public procurement laws of the commonwealth, the Chief Procurement Officer may award contracts for supplies, services, tradespersons, contracts, and professional services contracts for up to five years.
The Chief Procurement Officer shall establish such policies, rules and regulations, binding on departments and employees of the City as may be necessary or expedient to carry out the purposes of this article or the laws of the commonwealth regulating the purchases of goods, services, supplies or construction.
The Chief Procurement Officer shall submit, annually, a report on the activities of the Department and may suggest from time to time changes in the provisions of this article which he or she deems necessary.
The retention of public records under the purview of the Purchasing Department shall be in compliance with the Municipal Records Retention Schedule issued by the Secretary of State of the Commonwealth of Massachusetts.
In the case of a tie bid, if all bids received are for the same total amount of unit price, quality and service being equal, the Chief Procurement Officer shall direct the tie bidders to conduct a "second heat" whereas they will be asked to send an additional response with a new bid form on a date and time specific.
Upon receipt of a written protest of an award made by the Chief Procurement Officer, the matter shall be reviewed by the Chief Procurement Officer and determination made to:
A. 
Reject the bid protest on grounds the protest fails to prove a violation of the Massachusetts Uniform Procurement Act[1] and continue with the award of a contract; or
[1]
Editor's Note: See MGL c. 30B § 1 et seq.
B. 
Uphold the bid protest on grounds the protest proves a violation of the Massachusetts Uniform Procurement Act and conduct a new procurement.
The Chief Procurement Officer shall have the authority to join other units of government (federal, state, county, municipal and municipal subdivisions, including such quasi-municipal agencies as water districts, sewer districts, etc.) in cooperative purchasing plans when the best interest of the City would be served thereby and such action in accordance with and pursuant to prevailing General Laws.