Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.05 - Competitive Procurement Exceptions

Current through Register 1525, July 5, 2024
A Procuring Department shall be authorized to procure
				Commodities or Services, or both, without a competitive Procurement under the
				following exceptions, and in accordance with policies and procedures issued by
				ANF, OSD and CTR. Any questions as to the existence of an exception under 801
				CMR 21.05 shall be determined by ANF or OSD. All other provisions of
				801 CMR 21.00 shall
				apply.
(1)
Incidental
			 Purchases
. A one-time purchase, or multiple purchases, with a
			 total dollar value that does not exceed the minimum amount established by law,
			 ANF or OSD.
(2)
Exemption from Competitive Procurement
. A general law,
			 special law or other existing legal obligation that specifically exempts or
			 prohibits a Procuring Department or a specific Contract from being
			 competitively procured or specifically names a particular Contractor(s) to be
			 awarded a Contract.
(3)
Emergency Contract
. An emergency Contract shall be
			 appropriate whenever a Procuring Department Head determines that an unforeseen
			 crisis or incident has arisen which requires or mandates the immediate
			 acquisition of Commodities or Services, or both, to avoid substantial harm to
			 the functioning of government or the provision of necessary or mandated
			 services or whenever the health, welfare or safety of Clients or other persons
			 or serious damage to property is threatened. The Contract shall be effective
			 only for the period necessary to cure the emergency or in accordance with
			 policies and procedures issued by ANF, OSD and CTR. Each Secretariat may
			 establish a policy for administering emergency Contracts.
(4)
Collective
			 Purchasing
. The acquisition of Commodities or Services, or both,
			 by one or more Departments from existing Contracts that have been established
			 by or are proposed by federal agencies, other States or any other public
			 entity. Prior to any acquisitions by Departments under 801 CMR 21.05(4), OSD
			 shall confirm or identify which Contracts may be used by Departments and any
			 other requirements for these Contracts.
(5)
Interim
			 Contracts
. An Interim Contract may be used to prevent a lapse of
			 Contract performance in the following circumstances:
(a)
Termination or Suspension of
			 Current Contractor
. An Interim Contract may be executed whenever
			 an existing Contract has been or will be terminated or suspended for any reason
			 or whenever a Contractor is unable to complete full performance under a
			 Contract. An Interim Contract may be offered to the Bidder that offered the
			 next Best Value Response under the original Procurement and under the same
			 terms and prices offered in that Bidder's original Response. The duration of an
			 Interim Contract shall be limited to the remaining time available under the
			 duration stated in the original RFR, including any options to renew. If the
			 Department is unable to negotiate a Contract with any of the original Bidders
			 who submitted Responses, in their original rank order according to Best Value,
			 and under the same terms as offered in their original Response, the Department
			 will be required to conduct a new competitive Procurement.
(b)
Delayed Competitive
			 Procurement
. An Interim Contract may be executed with a current
			 Contractor(s) when a new competitive Procurement has been commenced, but due to
			 an unanticipated delay, has not been completed prior to the end of the duration
			 available under the current Contract, as specified in that Contract's original
			 RFR. An Interim Contract may be used to extend the current Contract(s), under
			 the same terms and conditions, only for the period necessary to complete the
			 competitive Procurement, including the execution of new Contracts.