reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 63 - Notice to State Secretary; Specifications; Report

Section 63. Every holder, as that term is defined in section one of chapter sixty-six A, shall, on or before September first, nineteen hundred and seventy-six, or upon the subsequent establishment, termination, or change in the character of such personal data system, file with the state secretary a notice which shall specify:—
(a) the name of the system;
(b) the nature and purpose of the system;
(c) the number of persons on whom data are or are expected to be maintained;
(d) the categories of data maintained, or to be maintained, indicating which categories are or will be stored in an automated personal data system;
(e) the agency's policies and practices regarding data storage, retention of data, and disposal thereof;
(f) the categories of data sources;
(g) a description of types of uses made or to be made of data, including a description of all classes of users of such data;
(h) a description of the actions taken to comply with chapter sixty-six A; and
(i) the name, title, and business address of the individual immediately responsible for the system.
The state secretary shall, at least once annually, publish a report containing all of the notices filed pursuant to this section during said year. Such report and the separate notices shall be a public record as defined in paragraph twenty-six of section seven of chapter four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 1a - Department of Correction; Application of Chapter

Section 1A. The department of correction shall be subject to sections one through eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said department from the definition of the word ''agency'' in section one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 1b - Department of Youth Services; Application of Chapter

Section 1B. The department of youth services shall be subject to sections one to eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said department from the definition of the word ''agency'' in section one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 1c - Parole Board; Application of Chapter

Section 1C. The parole board shall be subject to sections one to eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said board from the definition of the word ''agency'' in section one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 4 - Petitions for Adoption, Amendment or Repeal of Regulations

Section 4. Any interested person may petition an agency requesting the adoption, amendment or repeal of any regulation, and may accompany his petition with such data, views and arguments as he thinks pertinent. Each agency shall prescribe by regulation the procedure for the submission, consideration and disposition of such petitions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 5a - Review of Rules and Regulations Regarding Economic Impact on Small Businesses

Section 5A. Rules and regulations shall be reviewed at least once every 12 years after their publication as the final rules or regulations to ensure that those rules and regulations minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.
In reviewing a rule or regulation to minimize economic impact of the rule or regulation on small businesses, the agency shall file a small business impact statement which considers the following factors:
(1) the continuing need for the rule or regulation;
(2) the nature of complaints or comments received concerning the rule or regulation from the public;
(3) the complexity of the rule or regulation;
(4) the extent to which the rule or regulation overlaps, duplicates or conflicts with other federal, state and local governmental rules and regulations;
(5) the length of time since the rule or regulation has been enacted, changed, amended or modified; and
(6) the degree to which technology, economic conditions or other factors have changed in the subject areas affected by the rule or regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 6a - Code of Massachusetts Regulations; Publication

Section 6A. Prior to publication of the first issue of the Massachusetts Register, the state secretary shall first cause to be published all currently effective agency regulations in a special publication of the Massachusetts Register to be designated as the ''Code of Massachusetts Regulations''.
The state secretary shall regulate the supplementation and the collation and republication of the printed codification with a view to keeping the Code of Massachusetts Regulations as current as possible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 6b - Agencies to Purchase Register Issues; Public Access

Section 6B. Each agency shall purchase a copy or copies of the issues of the register which contain regulations or notices of that agency and make at least one copy readily available in a prominent place at each of the agency's offices for the purpose of public inspection and copying. To assist interested persons dealing with it, each agency having authority to adopt regulations shall prepare and make available for inspection in a prominent place at each of its offices serving the public a list of its regulations and a description of its central and field organization, including the location of persons and places from which the public can secure information, make submittals or requests or obtain decisions. All such lists and descriptions shall be kept current.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 6d - Expected Regulations; Publication of List

Section 6D. The state secretary shall publish, annually, in the first issue of the Massachusetts Register a plan submitted by each executive office containing a list of regulations expected to be promulgated during the next twelve month period. The state secretary shall publish a semi-annual update of said list six months after the initial plan is published. For the purposes of this section, ''executive office'' shall include the board of regents and the department of education.
Each executive office shall publish on its website a list of statutes passed in the previous 24 months for which regulations are required and for which regulations have not been adopted, identifying the session law in which the statutory authority was passed and containing a brief statement as to the agency's plan to adopt the regulations. Semi-annually, the plan shall be updated on the website and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on state administration and regulatory oversight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 7 - Judicial Review of Regulations

Section 7. Unless an exclusive mode of review is provided by law, judicial review of any regulation or of the sufficiency of the reasons for its adoption as an emergency regulation may be had through an action for declaratory relief in the manner and to the extent provided under chapter two hundred and thirty-one A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 8 - Advisory Rulings by Agencies

Section 8. On request of any interested person, an agency may make an advisory ruling with respect to the applicability to any person, property or state of facts of any statute or regulation enforced or administered by that agency. In issuing the advisory ruling, the agency need not comply with the requirements of this chapter with respect to regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 9 - Standard Rules; Substitute Rules; Amendments to Rules

Section 9. The commissioner of administration shall file with the state secretary prior to July first, nineteen hundred and seventy-eight, rules and regulations for the conduct of adjudicatory proceedings which shall be promulgated pursuant to the rule making procedures of this chapter and which shall be in effect for all state agencies within the executive offices except as provided in this section. Rules established by the commissioner of administration pursuant to the provisions of this section shall be referred to as the ''standard rules''. Said standard rules shall include, but not be limited to, provisions relating to the keeping of records of adjudicatory proceedings, the form of a pleading and answer, the form and service of motions, the rights of intervention of persons, procedures for taking depositions, conducting hearings, providing transcripts, submission of oral and written testimony to the agency, and administrative review of the agency's decision. Said standard rules shall take effect ninety days after they are published by the secretary in accordance with the provisions of section six, and shall govern adjudicatory proceedings commenced after said ninety days except as otherwise provided in this section.
Agencies within each of the executive offices may with the approval of the commissioner of administration, file with the secretary rules for the conduct of adjudicatory proceedings in said agency which substitute in whole or in part, or are additions to the standard rules filed by the commissioner. Such substitute rules shall be promulgated pursuant to the rule making procedures of this chapter and shall be filed with the state secretary within sixty days of the publication of the standard rules which shall govern adjudicatory proceedings commenced after ninety days from the publication thereof by the secretary, and shall take effect at the same time as the standard rules.
Thereafter, at any time the commissioner may file amendments to the standard rules. Agencies within any of the executive offices may subject to the approval of the commissioner of administration file substitute rules. Such amendments to the standard rules and such substitute rules shall take effect in accordance with section six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 10 - Adjudicatory Proceedings; Appeals

Section 10. In conducting adjudicatory proceedings, as defined in this chapter, agencies shall afford all parties an opportunity for full and fair hearing. Unless otherwise provided by any law, agencies may (1) place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing; (2) make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement, consent order or default; (3) limit the issues to be heard or vary the procedures prescribed by section eleven, if the parties agree to such limitation or variation; and (4) allow any person showing that he may be substantially and specifically affected by the proceeding to intervene as a party in the whole or any portion of the proceeding, and allow any other interested person to participate by presentation of argument orally or in writing, or for any other limited purpose, as the agency may order.
When a party to an adjudicatory proceeding has the opportunity, by provision of any law or by regulation, to obtain more than one agency hearing on the same question, whether before the same agency or before different agencies, it shall be sufficient if the last hearing available to the party complies with the requirements of this chapter, and the earlier hearings need not so comply.
When a party has the opportunity to obtain an agency hearing, followed by one or more appeals before the same agency or before different agencies, such appeals being limited to the record made at the hearing, the appeal procedure need not comply with any requirement of this chapter for the conduct of adjudicatory proceedings except paragraphs (7) and (8) of section eleven.
When, under a provision of any law, a hearing is required only upon direction of an agency or upon request made in accordance with such provision by a person entitled to make such request, the requirements of this chapter governing the conduct of adjudicatory proceedings shall not apply unless and until such direction or request is in fact made.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 10a - Damage to Environment; Intervention in Adjudicatory Proceeding; Procedure

Section 10A. Notwithstanding the provisions of section ten, not less than ten persons may intervene in any adjudicatory proceeding as defined in section one, in which damage to the environment as defined in section seven A of chapter two hundred and fourteen, is or might be at issue; provided, however, that such intervention shall be limited to the issue of damage to the environment and the elimination or reduction thereof in order that any decision in such proceeding shall include the disposition of such issue. In any proceeding pursuant to chapter 91, at least 5 of the 10 persons shall reside in the municipality in which the license or permitted activity is located. The intervention shall clearly and specifically state the facts and grounds for intervening and the relief sought, and each intervening person shall file an affidavit stating the intent to be part of the group and to be represented by its authorized representative. Notwithstanding any other provision of this chapter, any intervener under this section may introduce evidence, present witnesses and make written or oral argument, except that the agency may exclude repetitive or irrelevant material. Any such intervener shall be considered a party to the original proceeding for the purposes of notice and any other procedural rights applicable to such proceeding under the provisions of this chapter, including specifically the right of appeal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 11b - Studies of State Boards, Commissions and Authorities; Notice to City or Town Affected

Section 11B. All state boards and commissions and the governing boards or bodies of all such authorities which conduct a study affecting or relating to the use of an area of a city or town shall notify the mayor or city manager, if any, of the city and the presiding officer of the city council, or the chairman of the board of selectmen of the town, of the study and shall invite their participation therein. No determination shall be made and no results of the study shall be released to the public until such notification has been given with a reasonable opportunity to participate in it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 11c - Hearings in Municipalities

Section 11C. Any agency which is required by law to conduct hearings, shall, if the subject matter of such hearing solely concerns a single municipality, hold such hearing or a substantial portion thereof in such municipality upon receipt of a written request from the mayor of a city, the board of selectmen of a town, or the council of a municipality having a manager-council form of government received by the agency not less than fourteen days before the scheduled date of the hearing. If the subject matter of such hearing solely concerns a particular geographic area of the commonwealth, the agency shall hold such hearing or a substantial portion thereof within such geographic area upon receipt of written requests from a majority of the mayors, boards of selectmen and councils of the cities and towns which constitute such geographic area received by the agency not less than fourteen days before the scheduled date of the hearing. The municipality in which the hearing is held shall provide a hearing room and other necessary facilities for such hearing. If no suitable place for holding such hearing is available in the municipality, the municipality may arrange for the holding of the hearing in another city or town that is reasonably convenient. This section shall not apply to hearings held as part of an adjudicatory proceeding, but this sentence shall not be construed to restrict an agency from holding an adjudicatory hearing in any appropriate location.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 12 - Adjudicatory Proceedings; Subpoenas

Section 12. In conducting adjudicatory proceedings, agencies shall issue, vacate, modify and enforce subpoenas in accordance with the following provisions:—
(1) Agencies shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents, relating to any matter in question in the proceeding. Agencies may administer oaths and affirmations, examine witnesses, and receive evidence. The power to issue subpoenas may be exercised by any member of the agency or by any person or persons designated by the agency for such purpose.
(2) The agency may prescribe the form of subpoena, but it shall adhere, in so far as practicable, to the form used in civil cases before the courts. Witnesses shall be summoned in the same manner as witnesses in civil cases before the courts, unless another manner is provided by any law. Witnesses summoned shall be paid the same fees for attendance and travel as in civil cases before the courts, unless otherwise provided by any law.
(3) Any party to an adjudicatory proceeding shall be entitled as of right to the issue of subpoenas in the name of the agency conducting the proceeding. The party may have such subpoenas issued by a notary public or justice of the peace, or he may make written application to the agency, which shall forthwith issue the subpoenas requested. However issued, the subpoena shall show on its face the name and address of the party at whose request the subpoena was issued. Unless otherwise provided by any law, the agency need not pay fees for attendance and travel to witnesses summoned by a party.
(4) Any witness summoned may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party, if any, who requested issuance of the subpoena. After such investigation as the agency considers appropriate it may grant the petition in whole or part upon a finding that the testimony, or the evidence whose production is required, does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive, or has not been issued a reasonable period in advance of the time when the evidence is requested.
(5) Upon the failure of any person to comply with a subpoena issued in the name of the agency and not revoked or modified by the agency as provided in this section, any justice of the superior court, upon application by the agency or by the party who requested that the subpoena be issued, may in his discretion issue an order requiring the attendance of such person before the agency and the giving of testimony or production of evidence. Any person failing to obey the court's order may be punished by the court for contempt.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 13a - Issuance and Renewal of Licenses; Social Security Number of Applicant; Information Provided to Iv&ndash;d Agency

Section 13A. Agencies and political subdivisions of the commonwealth, that issue a license under section 13 shall require an applicant for issuance or renewal of such license to provide a social security number as a condition of issuing or renewing such license and shall record such social security number in the applicant's record; provided, however, that the applicant may, on the face of the license, use a number other than his social security number as permitted under any other provision of law of the commonwealth; provided further, that the agency issuing the license shall provide information in its records, including the social security number of applicants, to the IV–D agency as set forth in chapter 119A, using the method and format required by said IV–D agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 15 - Supreme Judicial Court and Appeals Court; Concurrent Jurisdiction

Section 15. The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings had, determinations made, and orders or judgments entered in the superior court pursuant to section fourteen. The supreme judicial court or the appeals court, subject to the provisions of section thirteen of chapter two hundred and eleven A, may by rule vary the procedure authorized or required for such review upon a finding that the review by the court will thereby be made more simple, speedy and effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 16 - Supreme Judicial Court; Powers

Section 16. The supreme judicial court shall have the power to make rules of pleading, practice and procedure supplementary to and not inconsistent with the provisions of this chapter relating to judicial review of administrative action, and to amend such rules, for the purpose of securing a simple, speedy and effective judicial review of administrative action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30a - State Administrative Procedure › Section 25 - Authority of Attorney General to Promulgate Rules and Regulations, Letter Rulings and Advisory Opinions

Section 25. (a) The attorney general shall have the authority to promulgate rules and regulations to carry out enforcement of the open meeting law.
(b) The attorney general shall have the authority to interpret the open meeting law and to issue written letter rulings or advisory opinions according to rules established under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 3 - Procurement Contracts; Files

Section 3. A procurement officer who awards a contract in the amount of $10,000 or more shall maintain a file on each such contract and shall include in such file a copy of all written documents required by this chapter. Written documents required by this chapter shall be retained by the governmental body for at least six years from the date of final payment under the contract. Except as provided by paragraph (d) of section six, the records shall be open to public inspection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 4 - Submission of Quotations

Section 4. (a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service for a governmental body in the amount of $10,000 or greater, but not more than $50,000, a procurement officer shall seek written quotations from not fewer than 3 persons customarily providing the supply or service; provided, however, that for the procurement of a supply or service for a municipal or regional school district, such amount shall be $10,000 or greater but not more than $100,000. The procurement officer shall record the: (i) names and addresses of all person from whom quotations were sought; (ii) purchase description used for the procurement; (iii) names of the persons submitting quotations; and (iv) date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement for the governmental body in an amount of not more than $50,000 shall be subject to section 5; provided, however, that any procurement for a municipal or regional school district such amount shall be not more than $100,000.
(b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation.
(c) A procurement in the amount of less than $10,000 shall be obtained through the exercise of sound business practices.
(d) A procurement officer, who follows sound business practices, may award contracts which include individual purchases of less than $35,000 to Massachusetts farm operations for the procurement of products of agriculture as defined in section 1A of chapter 128 including, but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products and products processed into value added products, that are grown or produced using products grown in the commonwealth as well as fish, seafood and other aquatic products, without seeking quotations as required under subsection (a).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 6a - Utilization of Reverse Auctions for the Acquisition of Supplies and Services

Section 6A. (a) A chief procurement officer may enter into procurement contracts for more than $50,000, or, a municipal or regional school district, more than $100,000, utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids shall be accepted and shall provide that the procedure remain open until the designated closing date and time.
(b) All bids on reverse auctions shall be posted electronically on the internet and updated on a real-time basis and shall allow for registered bidders to lower the price of their bid below the lowest bid on the internet.
(c) The chief procurement officer shall require vendors to register before the reverse auction opening date and time and, as part of the registration, agree to any terms and conditions and other requirements of the solicitation.
(d) Any mechanism including, but not limited to, software, developed by the operational services division to conduct reverse auctions by the commonwealth, shall provide for the utilization of that mechanism by municipalities.
(e) The operational services division may assess a municipality utilizing the reverse auction mechanism a reasonable fee, calculated to compensate for any increased cost attributable to such utilization, which shall be credited to the General Fund.
(f) Reverse auctions shall not be subject to clause (1) of subsection (b) or subsection (d) of section 5 but shall be subject to all other provisions of said section 5.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 7 - Sole Source Procurements

Section 7. (a) A procurement officer may award a contract in an amount of not more than $50,000, or, a municipal or regional school district, more than $100,000, or any contract for the procurement of library books, school textbooks, educational programs, educational courses, educational curricula in any media including educational software, newspapers, serials, periodicals, audiovisual materials or software maintenance without competition when, after reasonable investigation, the procurement officer determines in writing that only one practicable source for the required supply or service exists. The procurement officer shall procure a proprietary item by competition if more than one potential bidder or offeror for that item exists.
(b) The procurement officer shall record all sole source procurements, specifying each contractor's name, the amount and type of each contract, a listing of supplies or services procured under each contract, and the basis of the determination that the contractor was the only practicable source for the required supply or service.
(c) A procurement officer may procure without competition water, gas, electricity, sewer or telephone services from a regulated industry company as defined in section three of chapter twenty-five if the procurement officer certifies in writing that only one practicable source exists.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 8 - Emergency Procurements

Section 8. Whenever the time required to comply with a requirement of this chapter would endanger the health or safety of the people or their property a procurement officer may make an emergency procurement without following that requirement. An emergency procurement shall be limited to only supplies or services necessary to meet the emergency and shall conform to the requirements of this chapter to the extent practicable under the circumstances. The procurement officer shall make a record of each emergency as soon after the procurement as practicable, specifying each contractor's name, the amount and the type of each contract, a listing of the supply or service provided under each contract, and the basis for determining the need for an emergency procurement.
The procurement officer shall submit a copy of this record at the earliest possible time to the state secretary for placement in any publication established by the state secretary for the advertisement of procurements.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 9 - Cancellation of Invitation for Bids; Rejection of Bids or Proposals

Section 9. The procurement officer may cancel an invitation for bids, a request for proposals, or other solicitation, or may reject in whole or in part any and all bids or proposals when the procurement officer determines that cancellation or rejection serves the best interests of the governmental body. The procurement officer shall state in writing the reason for a cancellation or rejection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 10 - Certification of Good Faith

Section 10. A person submitting a bid or a proposal for the procurement or disposal of supplies or services to any governmental body shall certify in writing, on the bid or proposal, as follows:
The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ''person'' shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.
_____________________________________________
(Signature of individual submitting bide or proposal)
_____________________________________________
(Name of business)
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 11 - Splitting of Procurements

Section 11. No person shall cause or conspire to cause the splitting or division of any procurement, specification, invitation for bids, request for proposals, proposal, solicitation, or quotation for the purpose of evading a requirement of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 13 - Increase of Services or Supplies Specified in Contract

Section 13. The governmental body may increase the quantity of supplies or services or both specified in a contract provided:
(1) the unit prices remain the same or less;
(2) the procurement officer has specified in writing that an increase is necessary to fulfill the actual needs of the governmental body and is more economical and practical than awarding another contract;
(3) the parties agree to the increase in writing; and
(4) the increase in the total contract price does not exceed 25 per cent but a contract for the purchase of gasoline, special fuel, fuel oil, road salt or other ice and snow control supplies shall not be subject to this limit; and
(5) the governmental body, with the agreement of the contractor, may reduce the unit price for supplies or services or both specified in a contract to be paid by the governmental body at any time during the term of the contract or when an option to renew, extend or purchase is exercised.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 13a - Recycling or Composting Contracts; Modifications and Amendments

Section 13A. With respect to contracts for the recycling or composting of solid waste or the treatment, composting or disposal of sewage, septage or sludge authorized under the provisions of subsection (e) of section one, the governmental body may negotiate modifications and amendments to contracts for recycling services involving the addition of materials to be collected or processed, the deletion of materials to be collected or processed, the change in specifications with respect to materials to be collected or processed, and any price adjustments related to such modifications and amendments, where the contract is for a term of two years, or more, and where such changes are based upon changes in market conditions since the commencement of the contract, provided:
(1) after reasonable investigation of costs and benefits, the chief procurement officer has determined in writing that such modification is in the best interest of the governmental body; and
(2) where the modification involves the addition of materials and an increase in price to the governmental body, the chief procurement officer has determined in writing that the amendment is more advantageous than alternate means of procuring such services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 14 - Specification Requirements; Proprietary Supply or Service and Sole Source Procurement

Section 14. Unless no other manner of description suffices, and the procurement officer so determines in writing, setting forth the basis for the determination, all specifications shall be written in a manner which describes the requirements to be met without having the effect of exclusively requiring a proprietary supply or service, or a procurement from a sole source.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 15 - Tangible Supply; Disposition

Section 15. (a) A governmental body shall dispose of a tangible supply, no longer useful to the governmental body but having resale or salvage value, in accordance with this section. This section does not apply to the disposal of real property.
(b) The governmental body shall offer such supply through competitive sealed bids, public auction, or established markets.
(c) Notice of sale by bid or auction shall conform with the procedures set forth in paragraph (c) of section five. The notice shall indicate the supply offered for sale, designate the location and method for inspection of such supply, state the terms and conditions of sale including the place, date and time for the bid opening or auction, and state that the governmental body retains the right to reject any and all bids.
(d) If the governmental body rejects the bid of the highest responsive bidder, the governmental body may:
(1) negotiate a sale of such supply so long as the negotiated sale price is higher than the bid price; or
(2) resolicit bids.
(e) A procurement officer may trade-in a supply listed for trade-in in the invitation for bids or request for proposals.
(f) For a supply with an estimated net value of less than $10,000, the procurement officer shall dispose of such supply using written procedures approved by the governmental body.
(g) Notwithstanding any other requirement of this section, a governmental body may by majority vote, unless otherwise prohibited by law, dispose of a tangible supply no longer useful to the governmental body but having resale or salvage value, at less than the fair market value to a charitable organization which has received a tax exemption from the United States by reason of its charitable nature.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 17 - Writing Requirement; Invalidation of Contracts; Forfeiture; Civil Actions

Section 17. (a) All contracts in the amount of $10,000 or more shall be in writing, and the governmental body shall make no payment for a supply or service rendered prior to the execution of such contract.
(b) Subject to the provisions of section three A of chapter forty, a contract made in violation of this chapter shall not be valid, and the governmental body shall make no payment under such contract. Minor informalities shall not require invalidation of a contract.
(c) A person who causes or conspires with another to cause a contract to be solicited or awarded in violation of a provision of this chapter shall forfeit and pay to the appropriate governmental body a sum of not more than two thousand dollars for each violation. In addition, the person shall pay double the amount of damages sustained by the governmental body by reason of the violation, together with the costs of any action. If more than one person participates in the violation, the damages and costs may be apportioned among them.
(d) The inspector general shall have authority to institute a civil action to enforce paragraph (c) if authorized by the attorney general.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 19 - Delegation of Procurement Officer's Powers and Duties

Section 19. Subject to the provisions of section one hundred and three of chapter forty-one, to the extent permitted by charter or local by-law in a city or town, or by written rules of the committee, commission or executive appointing the chief procurement officer in a district or county, a chief procurement officer may delegate his powers and duties in accordance with this section to one or more employees of the governmental body. A delegation shall be in writing, be signed by the chief procurement officer, and state the activity or function authorized and the duration of the delegation. A delegation may be in specific or general terms, may be limited to a particular procurement or class of procurements, and may be conditioned upon compliance with specified procedures. A delegation may be revoked or amended whenever the chief procurement officer determines that revocation or amendment is in the best interests of the governmental body. A delegation of powers or duties by a chief procurement officer and any revocation or amendment thereof shall not take effect until a copy of the same has been filed with the office of the inspector general.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 20 - Preference for Products of Agriculture Grown or Produced Using Products Grown in Commonwealth; Governmental Bodies

Section 20. (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, a governmental body may, by a majority vote, establish a preference for products of agriculture as defined in section 1A of chapter 128 including, but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products and products processed into value added products as part of a Massachusetts farm operation as well as fish, seafood, and other aquatic products.
(b) Wherever a governmental body by a majority vote establishes a preference for the procurement of such products of agriculture grown or produced using products grown in the commonwealth, the procurement officer responsible for procuring agricultural products on behalf of the governmental body shall effectuate such preference in: (i) advertising for bids, contracts or otherwise and making reasonable efforts to facilitate the purchase of such products of agriculture grown or produced using products grown in the commonwealth; and (ii) purchasing products of agriculture grown or produced using products grown in the commonwealth, unless the price of such goods exceeds, by more than 10 per cent, the price of agricultural products grown or produced outside of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 22 - Cooperative Purchasing Agreements Between Public Procurement Units or Public Procurement Unit and External Procurement Activity

Section 22. A public procurement unit may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of supplies with public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The public procurement unit conducting the procurement of supplies shall do so in a manner that constitutes a full and open competition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30b - Uniform Procurement Act › Section 23 - Cooperative Purchasing Agreements Between Public Procurement Units or Public Procurement Unit and External Procurement Activity

Section 23. A public procurement unit may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of supplies with public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The public procurement unit conducting the procurement of supplies shall do so in a manner that constitutes a full and open competition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 3 - Rules

Section 3. The administrator shall make and amend rules which shall regulate the recruitment, selection, training and employment of persons for civil service positions; provided, however, that the commission shall review such rules and in the event the commission determines that any proposed rule violates the basic merit principles outlined in this chapter, it may, within fifteen days of receipt of such proposed rule, by a three-fifths vote, disapprove such proposed rule. Such rules and amendments thereto shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed. Such rules shall include provisions for the following:
(a) Establishment of civil service series and titles, provided that for employment in the service of the commonwealth such series and titles shall be consistent with those established pursuant to section forty-five of chapter thirty.
(b) Placement of civil service positions in the official or labor service.
(c) Open competitive and other examinations to test the practical fitness of applicants.
(d) Selection of persons for positions and employment in accordance with the results of examinations, or in the order of application, or otherwise.
(e) Promotional appointments, on the basis of merit as determined by examination, performance evaluation, seniority of service or any combination of factors which fairly test the applicant's ability to perform the duties of the position as determined by the administrator.
(f) Preferences to veterans in original and promotional appointments.
Any person, who meets the definition of veteran but has not yet been discharged from military service and was serving in the armed forces at the time of examination shall receive the same preference afforded to veterans; provided, however, that such person shall provide official documentation of honorable discharge at the time of appointment. If such person fails to provide proper documentation, such appointment and preference shall be immediately rescinded.
(g) Subject to prior preference to disabled veterans, preference to blind persons in the employment by any state department, board or commission of typists to take dictation solely from dictating machines.
(h) Transfers within and between departmental units.
(i) In the development of examination procedures shall consult with representatives of labor and professionals in the field to increase emphasis upon aptitudes relevant to performing the position to be tested.
(j) The establishment and direction of a career management service program.
(k) The development of recruitment programs, and
(l) The oversight responsibility for development of training programs in the various state agencies of the commonwealth.