(1)
Purpose. The
purpose of
801 CMR 21.00 is to provide
all Departments with uniform rules and standards governing the Procurement of
Commodities or Services, or both, including Human and Social Services for
Clients. Procurements will be considered in the best interests, or the Best
Value, to a Department and the State when a Procurement supports and balances
the following Procurement Principles: the achievement of required outcomes,
generates the best quality economic value, is performed timely, minimizes the
burden on administrative resources, expedites simple or routine purchases,
allows flexibility in developing alternative Procurement and business
relationships, encourages competition, encourages the continuing participation
of quality Contractors and supports State and Department Procurement planning
and implementation.
(2)
Application.
(a)
Unless otherwise provided by law and excluding procurements for legal services,
801 CMR 21.00 shall apply to
all Procurements of Commodities or Services, or both, by any Executive Office,
Department, Agency, Office, Division, Board, Commission or Institution within
the Executive Branch.
801 CMR 21.00 will not apply
to the Legislative Branch, Judicial Branch, Constitutional Offices, Elected
Offices, Public Institutions of Higher Education, the Military Division and
Independent Public Authorities, although the use of
801 CMR 21.00 by these
entities is encouraged.
801 CMR 21.00 will not apply
to interdepartmental services or transactions between two or more State
Departments (
815 CMR 6.00) or to grants
and subsidies (
815 CMR 2.00). The Executive
Office for Administration and Finance (ANF) or the Operational Services
Division (OSD) will interpret
801 CMR 21.00 and may take
whatever actions necessary to carry out the purposes of
801 CMR 21.00. No Department
shall incur any obligation for, or authorize payments for, any Commodities or
Services except in accordance with
801 CMR 21.00. ANF, OSD and
the Office of the Comptroller (CTR) may issue additional policies, procedures
and Contract forms to be used by Departments to carry out the purposes of
801 CMR 21.00. OSD, through
its Division of Purchased Services, may issue policies, procedures and Contract
forms to be used by Departments for the procurement of Human and Social
Services for Clients.
(b) Pursuant
to M.G.L. c. 30, § 65,
801 CMR 21.00 shall apply to
all Procurements for legal services by any Officer, Department, Agency, Board
or Commission serving under the Governor, including Public Institutions of
Higher Education, or within one of the Executive Offices headed by a Secretary
appointed by the Governor. OSD, in consultation with the Governor's Chief Legal
Counsel and the Office of the Attorney General, shall develop policies and
procedures regarding the competitive procurement of outside legal services,
pursuant to M.G.L. c. 30, § 65. Such policies and procedures shall include
an initial determination by the Governor's Chief Legal Counsel that the legal
services can not be provided by a state employee before the procurement or
engagement of outside legal services. The Incidental Purchase Competitive
Procurement Exception in
801 CMR
21.05(1) shall not apply to
the procurement of outside legal services.
(3)
Authority.
801 CMR 21.00 is promulgated
under the authority of M.G.L. c. 7, §§ 4, 4A and 22; M.G.L. c. 29,
§§ 27B, 29A, 29B and 29F; M.G.L. c. 30, §§ 51, 52 and 65;
St. 1993, c. 110, § 274, as amended; and Executive Orders 279 and
350.
