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.
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:
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.