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.
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.
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; 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.
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; 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.
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.
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.