This article shall apply to all purchases and contracts only
insofar as it does not conflict with any prevailing state or federal
statute applicable to the City.
[Amended 3-26-1990]
A.
There is established in the City the Department of Purchase, the
head of which shall be appointed by the Mayor, and shall be known
as the "Chief Procurement Officer." His term of office shall expire
January 1, 1947. Subsequent terms of office shall be for a period
of six years and until his successor is appointed.
B.
The Chief Procurement Officer shall have had, prior to his appointment,
at least five years' experience in purchasing in a position of major
responsibility such as purchasing agent, assistant purchasing agent,
buyer, or similar grade with public or business enterprises which
operate on justified requisitions based on stores control with perpetual
inventories of stock on hand.
C.
For the purpose of this article, the Chief Procurement Officer shall
perform the duties and responsibilities of the "Chief Procurement
Officer" pursuant to Massachusetts General Laws Chapter 30B, until
some other person is appointed by the Mayor. It shall be the duty
of the Chief Procurement Officer to oversee all contracts for the
procurement of supplies, services and the purchase, sale and rental
of real property and for disposing of all surplus and supplies and
real property.
A.
There shall be an Assistant Chief Procurement Officer appointed by
the Mayor after consultation with the Chief Procurement Officer, and
he shall be subject to the direction and control of the Chief Procurement
Officer.
B.
The term of office of the Assistant Chief Procurement Officer shall
expire January 1, 1951. Subsequent terms of office shall be for a
period of six years and until his successor is appointed.
C.
The Assistant Chief Procurement Officer shall have had, prior to
his appointment, at least five years' experience in purchasing with
public or business enterprises which operate on justified requisitions
based on stores control with perpetual inventories of stock on hand.
A.
The Chief Procurement Officer and Assistant Chief Procurement Officer
shall furnish bond for the faithful performance of their duties, to
be approved by the City Solicitor, in a sum to be determined by the
Mayor.
B.
In the absence, inability to serve, removal, resignation or death
of the Chief Procurement Officer, the Assistant Chief Procurement
Officer shall carry out the duties of the Chief Procurement Officer
until his return or until his successor has been appointed; such appointment
to be for the unexpired term of the Chief Procurement Officer.
C.
Before the Chief Procurement Officer or the Assistant Chief Procurement
Officer enter upon the duties of their respective offices, they shall
swear to the faithful performance thereof.
The Chief Procurement Officer shall have control of and be responsible
for the operation of any printing, or multigraphing or duplicating
agency which shall be established.
A.
The Chief Procurement Officer shall assume control and supervision
of any and all present storerooms and warehouses and any which may
hereafter be established except as he may delegate such authority
to any department having the staff and facilities to perform these
duties.
B.
Such assumption of control shall take place as soon as convenience
allows, in the discretion of the Chief Procurement Officer.
A.
The City Council shall provide a stores fund of sufficient amount
to finance the purchase and storage of standard supplies, materials
and equipment which may be purchased and stored advantageously.
B.
Such fund shall be under the control of the Chief Procurement Officer,
who shall also be responsible and accountable for all supplies, materials
and equipment under his control and shall maintain a perpetual inventory
system therefor.
The Chief Procurement Officer shall have power and authority
to call upon the head of any department or member thereof to furnish
information essential to the proper operation of all functions under
this article.
[Amended 3-26-1990]
A.
It shall
be the duty of the Chief Procurement Officer to purchase or contract
for all supplies, materials, equipment and contractual services needed
by any and all departments of the City, which are hereinafter referred
to as the "using agencies."
B.
"Contractual
services," for the purpose of this article, means surety bonds, all
forms of insurance, printing work, towel and cleaning service, the
repair and maintenance of office equipment, the repair and maintenance
of all City-owned property, rentals of machinery and equipment, and
all similar contractual services. The following contractual services,
for the purpose of this article, shall be governed by the provisions
of Massachusetts General Laws Chapter 30B:
(1)
Hiring
of departmental personnel.
(2)
Certain
construction contracts.
(3)
Design
contracts.
(4)
Intergovernmental
agreements.
(5)
Agreements
with the commonwealth.
(6)
Certain
highway construction material purchased through State DPW contracts.
(7)
Contracts
for advertising required notices.
(8)
Intragovernmental
agreements.
(9)
Agreements
for special education services.
(10)
Contracts
to purchase supplies or services from other government agencies, including
the federal government; issuance of bonds, notes, or securities.
(11)
Contracts
pertaining to IRA accounts subject to separate bidding requirements.
(12)
Agreements
involving public employers' self-insurance groups.
(13)
Professional
service contracts with expert witnesses for use in an adjudicatory
proceeding or litigation or in anticipation thereof, labor relations
representatives, physicians, dentists, lawyers, designers, or certified
public accountants.
(14)
Contracts
or agreements entered into by a municipal gas or electric department
governed by a municipal light board or municipal light commission.
A.
All using agencies of the City shall file with the Chief Procurement
Officer detailed estimates of their requirements in supplies, material,
equipment and contractual services in such manner, at such times,
and for such future periods as the Chief Procurement Officer shall
prescribe.
B.
The requirement for preparing estimates shall not prevent any using agency from filing with the Chief Procurement Officer at any time a justifiable requisition for any supplies, material, equipment or contractual service, as defined in § 82-9, the need for which was not foreseen when the detailed estimates were filed.
[Amended 3-26-1990]
A.
Contracts made by any department, board or commission where the amount
involved exceeds the threshold set forth in MGL c. 43, § 29,
(the City Charter), shall be in writing, and must be approved by the
Mayor and the head of the department. A Chief Procurement Officer
who awards a contract shall maintain a file on each such contract
and shall include in such file a copy of all written documents for
at least six years from the date of the final payment, as required
by MGL c. 30B, § 3, as it may be amended from time to time.
Contracts awarded under MGL c. 30B, § 4, shall be procured
and awarded in compliance with the terms of Massachusetts General
Laws Chapter 30B, as it may be amended from time to time.
[Amended 12-2-2013]
B.
Notices inviting sealed competitive bids for such contracts shall
be published by the Chief Procurement Officer 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 City. Such notices
shall be posted, for at least two weeks, in a conspicuous place in
or near the Purchase Department until the time specified in the invitation
for bids. Such notices shall state the general description of the
article or contractual services to be procured, evaluation criteria
to be utilized, where the specifications can be obtained, the address
of the office to which bids are to be delivered, state whether the
contract is subject to approval by any board, committee, commission
or other body and the time and place for the opening of the bids and
shall reserve to the City the right to reject any and all bids. For
procurement in the amount of $100,000 or more, the Chief Procurement
Officer shall also place the notice in any publication established
by the state secretary for the advertisement of such procurement.
C.
Any person submitting a bid or proposal for the procurement or disposal
of supplies or services under this article shall certify in writing,
on the bid or proposal, as follows:
|
The undersigned certifies under the penalties of perjury that
this bid or proposal has been made and submitted in good faith and
without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean any natural person, business,
partnership, corporation, union committee, club, or other organization,
entity, or group of individuals.
| ||
|
(Name of the person signing bid or proposal)
| ||
|
(Name of business)
| ||
D.
The Chief Procurement Officer shall, in addition, when possible,
solicit sealed bids from at least three prospective suppliers by sending
them copies of newspaper notices, bid forms, and specifications to
acquaint them with the proposed procurement and may compile and maintain
lists of prospective bidders to which notices may be sent.
E.
All bids shall be submitted to the Chief Procurement Officer. The
Chief Procurement Officer may reject any or all bids for any one or
more commodities or contractual services included in the proposal
contract when the public interest will be served thereby. The Chief
Procurement Officer may purchase the commodities or contractual services
in the open market when the public interest will be served thereby;
provided the price paid in the open market shall not exceed any bid
price submitted for the same commodity or contractual service. Otherwise,
the contract shall be awarded by the Chief Procurement Officer on
the basis of the bid most advantageous to the City. The Chief Procurement
Officer shall award the contract to the lowest responsible and responsive
bidder. A contract requiring payment to the City of a net monetary
amount shall be awarded to the highest responsible and responsive
bidder. For the purpose of this article, "lowest responsible and responsive
bidder" and "highest responsible and responsive bidder" means a person
who has submitted the lowest or highest bid which conforms in all
respects to the invitation and the person who has the capability to
perform fully the contract requirement, and the integrity and reliability
which assures good-faith performance. The Chief Procurement Officer
shall take into consideration the quality, workmanship, result of
inspections and tests and suitability for a particular purpose.
F.
Unless authorized by majority vote of the City Council, a Chief Procurement
Officer shall not solicit or award a contract for a term exceeding
three years, including renewal, extension, or option. Such authorization
may apply to a single contract or to any numbers or types of contracts,
and may specify a uniform limit or different limits on the duration
of any contract. The Chief Procurement Officer shall not enter into
a contract unless funds are available for the first fiscal year at
the time of the contracting. Payment and performance obligations for
succeeding years shall depend on the availability and appropriation
of funds. The City shall retain sole discretion in exercising the
option for renewals, extensions, or purchases, and no exercise of
an option shall be subject to agreement or acceptance by the contractor.
[Amended 3-26-1990; 12-2-2013]
A.
The purchase of services and supplies at amounts greater than those
set forth in MGL c. 30B, § 4, shall be made pursuant to
the applicable sections of Chapter 30B, as they may be amended from
time to time.
B.
Purchases of supplies or services under MGL c. 30B, § 4(a),
shall be made by seeking written or oral quotations from no fewer
than three persons customarily providing such supplies or services.
The procurement officer shall award the contract to the responsible
person offering the needed quality of supply or service at the lowest
quotation, pursuant to MGL c. 30B, § 4(b), as it may be
amended from time to time. A purchase of supplies or services in an
amount less than the amount set forth in MGL c. 30B, § 4(a),
shall be obtained through the exercise of sound business practices
pursuant to MGL c. 30B, § 4(c), as it may be amended from
time to time.
C.
(Reserved)
D.
The Chief Procurement Officer shall keep a record of all such open-market
orders and the bids submitted in competition thereon, and such records
shall also be open to public inspection.
E.
Whenever the Chief Procurement Officer, after reasonable investigation,
determines in writing that only one practicable source for the required
supply or service exists, the Procurement Officer may award such a
contract without competition, but only to the extent consistent with
the provisions of MGL c. 30B, § 7, as it may be amended
from time to time. The Chief Procurement Officer shall procure a proprietary
item by competition if more than one potential bidder or offer for
that item exists. The Chief Procurement Officer shall record all sole-source
procurements, specifying each vendor's name, the amount and type of
each contract, and the basis of the determination that the vendor
was the only practicable source for the required supply or service.
The Chief Procurement Officer may also procure without competition,
in any amount, water, gas, electricity, sewer or telephone service
from a public utility company upon the certification in writing that
only one practicable source for the required supply or service exists.
[Amended 3-26-1990]
A.
Whenever the time required to comply with a requirement of this article
would endanger the health or safety of the people or their property,
the Chief Procurement Officer may make an emergency procurement without
following that requirement. An emergency procurement shall be limited
to only supplies or services necessary to meet the emergency and shall
conform to the requirement of this article to the extent practicable
under the circumstances. The Chief Procurement Officer shall make
a record of each emergency as soon after the procurement as practicable,
specifying each vendor's name, the amount and the type of contract,
a listing of the supply or service provided under each contract, and
the basis for determining the need for the emergency procurement.
B.
In such cases, a detailed report shall be filed by the Chief Procurement
Officer with the Mayor, and at the earliest possible time a copy of
this record shall be forwarded to the state secretary for placement
in any publication established by the state secretary for advertisement
of procurement.
A.
It shall be the duty of the Chief Procurement Officer to:
(1)
Classify all the supplies, materials and equipment used by the various
departments of the City government;
(2)
Adopt standards as to the minimum number, qualities, sizes and varieties
of commodities consistent with the successful operation of the City
government; and
(3)
Prepare, adopt, promulgate and enforce written specifications of
all such standard commodities which are used in common by two or more
City agencies.
B.
All specifications must be definite and certain and permit competition.
C.
The Department of Purchase shall have power to make use of the laboratory
and engineering facilities of the City and the technical staffs thereof
in connection with its work of preparing and adopting standards and
written specifications.
D.
After its adoption, each standard specification shall, until revised
or rescinded, apply alike in terms and effect to every future purchase
and contract for the commodity prescribed in such specification.
E.
As rapidly as any class of supplies, materials or equipment shall
become standardized, it shall be the duty of the Department of Purchase
to establish standards arrived at as the basis of specifications by
which such supplies, materials or equipment shall be purchased.
F.
The Department of Purchase shall invite into conference the City
Auditor and two department heads, or their duly authorized representatives,
one of whom shall be the representative of the department most vitally
affected, for advice in the preparation of standards and specifications
for the purchase of any supplies, materials and equipment required
by the using agencies.
A.
The Chief Procurement Officer shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment or contractual services, as defined in § 82-9, to determine conformance with the specifications set forth in the order or contract.
B.
Any department having the staff and facilities for adequate inspection
may be authorized by the Chief Procurement Officer to inspect all
deliveries made to such using agencies under rules and regulations
which the Chief Procurement Officer shall establish.
C.
The Chief Procurement Officer shall have authority to prescribe the
chemical and physical tests of samples submitted with bids and samples
of deliveries to determine their quality and conformance with the
City's specifications.
D.
In the performance of such tests, the Chief Procurement Officer shall
have authority to make use of the laboratory facilities of any agency
of the City government or any outside laboratory.
[Amended 3-26-1990; 11-26-1990]
A.
Whenever any property belonging to the City, except real estate,
has become obsolete, disused, worn out or scrapped, it shall be the
duty of the Department of Purchase or its authorized agent to take
charge and control of such property and to keep an inventory of all
such items.
B.
All responsible administrative heads of each department and board
in connection with the City shall furnish to the Department of Purchase,
at such times and in such form as the Chief Procurement Officer prescribes,
reports of all materials, supplies or equipment which are no longer
used or which have become obsolete, worn out or scrapped.
C.
In the event any of such material, equipment or supplies can be used
by any other municipal department, the Department of Purchase is authorized
to make such material or equipment available for use in that department
by transfer, with proper notification to the City Auditor.
D.
In the event that the material or equipment, because of its condition,
can no longer be used for municipal purposes, the Department of Purchase
is authorized to trade the same in for new equipment or to sell or
dispose of the same at private or public sale as provided in this
article.
E.
The Chief Procurement Officer shall dispose of tangible supplies having a value of at or over the threshold set forth in MGL c. 30B, § 15(f), as it may be amended from time to time, and no longer useful to the City but having resale or salvage value, through competitive sealed bids, public auction, or established markets. Notices of sale by bid or auction shall conform with the procedures set forth in § 82-10B.
[Amended 12-2-2013]
F.
For supply with an estimated net value of less than the threshold
set forth in MGL c. 30B, § 15(f), as it may be amended from
time to time, the Chief Procurement Officer shall dispose of such
supplies by selling such supply to the highest responsible offers
obtainable; provided, however, that a list of the material or equipment
to be sold in this manner is posted in the office of the Department
of Purchase. Unless otherwise prohibited by law, the supply may also
be donated to a charitable organization which has received tax-exempt
status from the United States by reason of its charitable nature,
upon a majority vote of the City Council.
[Amended 12-2-2013]
G.
The proceeds of all sales under this section shall be paid into the
hands of the City Collector.
H.
The Chief Procurement Officer shall, before disposing of any surplus, obsolete or scrapped supplies, materials or equipment (as defined in Subsections E and F above), determine the value of the surplus, obsolete or scrapped supplies, materials or equipment and make a written assessment of the current or future needs for the supplies, materials or equipment. The Chief Procurement Officer may, in his sole discretion, determine the value of the surplus, obsolete or scrapped supplies, materials or equipment by hiring one or two certified appraisers or by using procedures customarily accepted by the appraising profession.
I.
No Mayor, City Councilor, department head or other City official
shall sell or otherwise dispose of any surplus, obsolete or scrapped
supplies, materials or equipment within 90 days of the expiration
of his or his term or retirement without following the procedures
outlined in this section. The City Council shall have the right to
review the sale or disposal of any surplus, obsolete or scrapped supplies,
materials or equipment with a value at or over the threshold set forth
in MGL c. 30B, § 15(f), as it may be amended from time to
time. Any surplus, obsolete or scrapped supplies, materials and equipment
sold or disposed of without following the procedures outlined in this
section shall be declared null and void and a violation of MGL c. 30B,
§ 17.
[Amended 12-2-2013]
J.
Before disposing of any surplus property, the Chief Procurement Officer
shall request the Springfield Historical Commission to conduct an
inventory or survey of the surplus obsolete or scrapped supplies,
materials or equipment to determine if the properties have historical
value. The Springfield Historical Commission shall add preservation
restrictions where applicable and issue a report to the Mayor and
City Council prior to the sale of any historically significant properties.
Except in cases of emergency, in which case he shall, within
72 hours or sooner, if possible, notify the author of such purchase,
the Chief Procurement Officer shall not issue any order for delivery
on a contract or any open-market order unless and until the City Auditor
certifies that there is to the credit of each of the using agencies
concerned a sufficient appropriation balance, in excess of all unpaid
obligations, to defray the cost of such supplies, materials, equipment
or contractual service.
B.
Where the best interest of any department may be served thereby,
the Chief Procurement Officer may, in his discretion and with the
approval of the Mayor, delegate authority to purchase within the Department.
All such transactions shall be cleared through the Purchasing Department
in accordance with the rules and regulations established by the Chief
Procurement Officer.
The head of each department shall file with the Department of
Purchase the name or names of members of his department who shall
be authorized to approve requisitions.
Splitting or dividing any requisition of supplies, materials or equipment, or contractual services into two or more units for the purpose of evading the contract provisions of § 82-1 and §§ 82-9 through 82-22 or to violate the procedure as outlined in any section of this article shall constitute official misconduct on the part of any public official or other employee.
A.
The Chief Procurement Officer shall certify all bills incurred by
the Department of Purchase in the following manner:
B.
The Chief Procurement Officer shall forward all bills so approved
to the department for which the purchases were made for verification
of the correctness of extensions and total amounts and for departmental
approval, scheduling and submission to the City Auditor for his approval
for payment.
The Chief Procurement Officer shall submit, before March 1 of
each year, an annual report on the work of his office as conducted
in accordance with the provisions of this article, and he may suggest,
from time to time, recommendations for changes in such provisions
which he deems necessary.
[Amended 3-26-1990]
A.
The Chief Procurement Officer may enter into procurement contracts
in an amount at or above the threshold set forth in MGL c. 30B, § 6(a),
as it may be amended from time to time, utilizing competitive sealed
proposals. The Chief Procurement Officer shall not solicit competitive
sealed proposals unless he has determined in writing that selection
of the most advantageous offer requires comparative judgments of factors
in addition to price and has specified the reasons for his determination.
[Amended 12-2-2013]
B.
The Chief Procurement Officer shall solicit proposals through a request
for proposals, stating the time and date for receipt of proposals,
the address of the office where proposals are to be delivered, time
of acceptance by City, description and all evaluation criteria utilized,
terms and conditions and where documents can be obtained. The request
for proposals shall provide for the separate submission of price,
and shall indicate when and how the offerors shall submit the price.
C.
Notices inviting sealed competitive proposals for such contracts
shall be published by the Chief Procurement Officer at least once,
not less than two weeks prior to the time specified for the receipt
of proposal, in a newspaper of general circulation within the City.
Such notices shall also be posted, for at least two weeks, in a conspicuous
place in or near the Department of Purchase until the time specified
in the invitation for proposals. Such notices shall state the general
description of the article or contractual services to be procured,
evaluation criteria to be utilized, where the specification can be
obtained, the address of the office to which bids are to be delivered,
state whether the contract is subject to approval by any board, committee,
commission or other body and the time and place for the opening of
the proposals and shall reserve to the City the right to reject any
and all proposals. For procurement in the amount of $100,000 or more,
the Chief Procurement Officer shall also place the notice in any publication
established by the state secretary for the advertisement of such procurement.
D.
The Chief Procurement Officer shall not open the proposals publicly,
but shall open them in the presence of one or more witnesses at the
time specified in the request for proposals. Notwithstanding the provisions
of section seven of chapter four, until the completion of the evaluations,
or until the time for acceptance specified in the request for proposals,
whichever occurs earlier, the contents of the proposals shall remain
confidential and shall not be disclosed to competing offerors. At
the opening of the proposals, the Chief Procurement Officer shall
prepare a register of proposals which shall include the name of the
offeror and the number of modifications if any are received. The register
of proposals shall be open to the public. The Chief Procurement Officer
may open the price proposals at a later time, and shall open the price
proposals so as to avoid disclosure to individuals evaluating the
proposals on the basis of criteria other than price.
E.
The Chief Procurement Officer shall designate the person or persons
responsible for the evaluation of the proposals on the basis of criteria
other than price. The proposals are first evaluated on each criteria
contained in the request for proposals, and then rated on the basis
of overall quality. The evaluation shall be in writing, listing each
proposal as highly advantageous, advantageous, not advantageous, or
unacceptable, and the reasons for the rating; a composite rating for
each proposal, and the reasons for the rating; and revisions, if any,
to each proposed plan for the required suppliers or services which
should be obtained by negotiation prior to awarding the contract to
the offeror of the proposal.
F.
If the Chief Procurement Officer awards the contract to an offeror
who did not submit the lowest price, the Chief Procurement Officer
shall explain the reasons for the award in writing, specifying in
reasonable detail the basis for determining that the quality of supplies
or services under the contract will not exceed the City's actual needs.
If the contract requiring payment to the City of a net monetary sum
is awarded to an offeror who did not submit the highest price, the
Chief Procurement Officer shall explain the reasons for the award
in writing, specifying in reasonable detail the basis for rejecting
the highest price.
