Massachusetts Regional Library Systems (MARLS)Material& Supply Cooperative |
Overview of "M.G.L. c.30B"
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(as relates to the acquisition of supplies) adapted by Tina Herman |
from Massachusetts Certified
Public Purchasing Official Public Contracting Overview Seminar
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The M.G.L. Chapter 30B, the Uniform Procurement Act, applies to the acquisition of supplies, defined as all property, other than real property, including equipment, materials, and printing and further services incidental to the delivery, conveyance, and installation of such property. Chapter 30B establishes different procedures for procurements, depending on the value of the contract:
Small purchases
For small purchases less than $5,000, Chapter 30B requires only that you use "sound business practices." This means that you make sure the price you are paying for something is reasonable. Whether you do so by looking at catalogs, price lists, or by getting quotes, you simply have to make a reasonable effort to make sure you are getting your money’s worth.
Quotations
If you are going to spend $5,000 or more, but less than $25,000, you must solicit at least three oral or written quotes and award the contract to the responsible vendor who gives you the lowest quote that meets your purchase description. (If you solicit a quote from a vendor and the vendor doesn’t respond, that satisfies your requirement).
When you seek quotes you need to develop a purchase description (often referred to as specifications). You are not required to develop a written purchase description for contracts less than $25,000, but we recommend that you do to make sure you adequately describe what you need to each vendor you contact. You must make sure that each vendor provides quotes based on the same purchase description.
You must record the names and addresses of all persons you contacted for quotes, the names of all persons who submitted quotes, and the date and amount of each quote you received.
After you obtain quotes, you have to identify the lowest-price quote. Make sure that it is based on your purchase description. You are not required to accept inferior supplies. If a vendor providing the lowest quote is offering supplies that do not meet your purchase description, you should reject that offer and examine the offer from the vendor providing the next lowest quote. When you have identified the lowest-price offer that meets your purchase description, award the contract to that vendor.
Advertised competition
If you intend to purchase goods costing $25,000 or more, you must solicit formal, advertised bids or proposals.
The invitation for bids (IFB) process requires you to select the lowest-price bid from a responsive and responsible vendor who meets your purchase description. You will determine the lowest responsible and responsive bidder based on the quality requirements you defined in the IFB.
The first thing to do is develop a purchase description in which you tell vendors what supplies you want and in what quantities. Specify the schedule for performance under the contract and any specific delivery terms.
Establish quality requirements (standards of quality for the supplies you will procure) and qualifications a vendor must have to be eligible for the contract. Make sure your quality requirements are sufficiently rigorous and complete to enable you to reject any bid that will not meet the stated needs. Specify how you will determine the best price.
After drafting the IFB, advertise in a local newspaper and post your advertisement in a conspicuous location in or near your offices. If a contract is worth $100,000 or more, advertise in the Goods and Services Bulletin published by the Secretary of State.
The next step is to receive sealed bids on or by the date and time specified in the IFB. Open and record bids either in an open meeting or in front of witnesses. Record the names of all bidders and the amounts of the bids. The bidding process is public and all documents are public. Do not accept late bids.
Next, evaluate the bids, applying consistently and fairly the rules that you’ve set in your IFB. If you reject the lowest bid, you must say why in writing. Give written notice of the award within the time frame specified in the IFB. The contract is then signed and executed.
The contract is awarded to the vendor who is the responsive and responsible bidder that meets your quality requirements and offers the best price. A responsive bidder is defined as a person or firm who has submitted a bid that conforms in all respects to the invitation for bids. A responsible bidder is one who has the integrity and reliability that assure good faith performance and the capability to perform fully the contract requirements.
Sole-source procurements
A sole source procurement is the purchase of supplies from a vendor without advertising or seeking competition. M.G.L. c.30b authorizes sole-source procurements with a value under $25,000 when a reasonable investigation shows that there is only one practicable source for the required supply. You must make this determination in writing.
For contracts with a value over $25,000, you generally may not make sole-source procurements, but there are exceptions, notably the following:
Library books: You may make noncompetitive purchases in any amount for library books if you determine in writing, after reasonable investigation, that there is only one practicable source for the items.