[Amended 12-3-1990 FATM, Art. 2; 5-11-2009 ATM, Art. 26]
The procurement of any supply or service shall be made by the
Chief Procurement Officer in accordance with the requirements of MGL
c. 30B as it may be amended from time to time.
[Amended 12-3-1990 FATM, Art. 2]
The Town Administrator shall be the Chief Procurement Officer for purposes of this bylaw and the Uniform Procurement Act, MGL c. 30B. The Chief Procurement Officer may, in writing, delegate his procurement powers and duties, and may revoke or amend such delegation at any time. Such delegation may be in specific or general terms and may be limited to a particular procurement or class of procurements, and may be conditioned upon compliance with specified procedures. No delegation or revocation or amendment thereof shall take effect until a copy of same has been filed with the Massachusetts Office of the Inspector General. Provided, however, that with the exception of ensuring compliance with MGL c. 30B, the Chief Procurement Officer shall delegate the duty of purchasing supplies and services for the schools to the School Committee in accordance with the Town Charter. The values or procurement thresholds specified in §
60-1 and this section shall be amended as the MGL c. 30B may be amended.
[Amended 12-3-1990 FATM, Art. 2; 5-13-2019 ATM by Art. 23]
This Chapter of the Town's General Bylaws shall
not apply to the contracts for the services of expert witnesses for
use in adjudicatory proceedings or litigation or in anticipation thereof,
labor relations representatives, physicians, dentists, lawyers, designers,
or certified public accountants, or to other contracts, agreements
and transaction, that are not subject to the provisions of the Uniform
Procurement Act, MGL c. 30B.
[Amended 12-3-1990 FATM, Art. 2]
Notwithstanding the ultimate responsibility of the Town Administrator to be responsible for purchasing all supplies, materials, services, and equipment, the Town Administrator may delegate, by letter, the authority to Contract for the ordinary or routine purchase of supplies, material, services and or equipment. This delegation of authority is subject to immediate revocation by the Town Administrator, at his or her discretion. Any and all administrative documents, including, but not limited to: letters of intent or award, purchase orders, informal or formal agreements or other control measures issued by the Town are not binding if funds are not available for such contracts. Further, the intent of such documents shall not bind the Town to any contract or financial obligation and the issuance of any administrative document or letter shall be conditioned upon the legal solicitation, an administrative bidding or procurement process and the proper execution of a contract or agreement for the related or subject item(s). The School Department's right to purchase as outlined in Section 4-2 of the Charter shall remain in effect except as otherwise provided in MGL c. 30B and in §§
60-1 and
60-2 of this bylaw.
[Added 5-13-2013 ATM, Art. 7]
The Town Administrator and the School Committee are hereby authorized
to enter into contracts for goods and services for such period of
time as the Town Administrator or the School Committee may determine,
which may be longer than three years, but not more than 10 years,
except as provided by law, or, as may be otherwise approved by majority
vote of Town Meeting.