Requisitions for the purchase of all supplies, materials or
contractual services as defined in this chapter, and machinery, equipment
and other personal property shall be received by the purchasing department,
prior to the issuance of a purchase order for such supplies, materials,
machinery, equipment or contractual services, and shall be signed
by the head of the department or city official making the requisition,
or the department's authorized agent.
(Prior revision § 2-65 (part); C.O. 83-52 § 32; C.O. 04-47 § 1)
It shall constitute official misconduct on the part of any public
official or other employee to split or divide any requisition for
supplies, materials, machinery, equipment or contractual services
into two or more units for the purposes of evading the provisions
of this chapter, or to violate the procedures outlined in any section
of this chapter.
(Prior revision § 2-66)
A.
Except
in cases of special emergency involving the health or safety of the
people or their property, no officer, department head, board or commission
authorized to expend money shall make requisition on the purchasing
agent for purchasing of supplies or materials until funds are available
therefor, nor shall they enter into contract for services to be rendered
the city, other than for personal services provided for in the budget
or supplemental budget appropriation, without issuing a written order
therefor, the order before delivery to the contractor to have certified
thereon a statement from the city auditor that there is sufficient
unencumbered balance of the appropriation to be charged to pay the
amount due under the order. No obligation shall be incurred against
appropriations until the city auditor specifies in writing the availability
of an appropriation for such expenditure.
B.
Orders
issued by the purchasing agent shall not be delivered to the vendors
until the city auditor has certified thereon that there is sufficient
unencumbered balance of the appropriation to be charged to pay the
amount due under the purchase order.
(Prior revision § 2-68)
In case of actual emergency any agency may purchase directly
any supplies, materials, equipment or contractual services when immediate
procurement is essential to the health or the safety of the people
or their property. The head of such agency shall send to the purchasing
department a requisition and a copy of the delivery record together
with a full written explanation of the circumstances of the emergency,
which shall be filed by the purchasing department as a permanent and
public record of the purchase. The city purchasing agent shall, by
rules and regulations, prescribe the procedure under which such emergency
purchases may be made, subject to the approval of the mayor and city
council.
(Prior revision § 2-69)
The purchasing department shall inspect or supervise the inspection
of all deliveries of supplies, materials, equipment and contractual
services to determine their conformance with the specifications set
forth in the order or contract. Any department having the staff and
facilities for the adequate inspection may be authorized by the city
purchasing agent to inspect all deliveries made to such agency under
rules and regulations which the purchasing agent shall establish.
The city purchasing agent shall have authority to require chemical
and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications. In the performance of such tests, the city purchasing
agent shall have authority to make use of laboratory facilities of
any agency of the city government or any outside laboratory.
(Prior revision § 2-70)
A.
It shall
be the duty of the purchasing agent to classify all the supplies,
materials and equipment used by the various agencies of the city government,
to adopt as standards the minimum number of qualities, sizes and varieties
of commodities consistent with the efficient operation of the city
government, and to prepare, adopt and promulgate written specifications
describing such standards. The purchasing agent 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 revising standards and written specifications. The purchasing
agent shall also consult with the heads and other officials of the
using agencies to determine their requirements and shall endeavor
to prescribe those standards which meet the needs of the majority
of such agencies.
B.
All
specifications shall be definite and certain and permit of competition.
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 described in such specification.
(Prior revision § 2-71)
The purchasing agent, under the supervision of the mayor, shall
establish, and from time to time amend, all rules and regulations
authorized by this chapter and any others necessary to its operation.
Such rules and regulations and amendments thereto shall be subject
to the approval of the city council.
(Prior revision § 2-72)
[1]
Editor's note: Former §§ 3.04.100 through 3.04.120,
which pertained to purchases of, and contracts for, supplies, materials,
machinery, equipment and contractual services were repealed 6/19/2017
by C.O. 17-145. All purchases, unless otherwise exempt, shall be subject
to the public bidding and public proposal procedures set forth in
M.G.L. c. 7, 30, §§ 39M, 30B, and 149.
The purchasing agent shall dispose of tangible personal property,
no longer useful to any city department, pursuant to the procedures
set forth in M.G.L. c. 30B, § 15, except that, for any such
tangible personal property having an estimated net value of less than
two thousand five hundred dollars, the department head and the purchasing
agent shall dispose of such property by the use of sound business
practices.
(C.O. 04-47 § 3 (part))
All contracts for the purchase of supplies, materials, machinery,
equipment or contractual services shall be approved as to form by
the city solicitor. If the successful bidder, within ten days after
receiving notice by mail that the award has been made to him, fails
or refuses to enter into a contract, he or she shall forfeit any security
which accompanies the bid. A copy of each contract shall be filed
with the city auditor, the city clerk and the purchasing agent.
(C.O. 04-47 § 3 (part))
For the purchase or disposition of any service, contract or
property not expressly covered by this chapter, or for any purchasing
or contracting circumstance not specifically addressed by this chapter,
the purchasing agent shall apply the applicable provisions of Massachusetts
General Laws, including but not limited to M.G.L. c. 30B.
(C.O. 04-47 § 3 (part))
