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 21.06 - Competitive Procurement Standards

Current through Register 1525, July 5, 2024
All acquisitions of Commodities or Services, or both, must be
				competitively procured unless the acquisition qualifies as an exception under
				801 CMR
				21.05. A Procuring Department shall be
				responsible for conducting a Procurement for single or multiple Contracts for
				Commodities or Services, or both, in accordance with
				801 CMR 21.00 and policies
				and procedures issued by ANF, OSD and CTR. The policies and procedures shall
				address, but shall not be limited to, the following Procurement
				standards:
(1)
Procurement
			 File
. A Procuring Department shall maintain a paper or electronic
			 Procurement file for each Procurement of Commodities or Services, or both. The
			 file shall contain the original, copies or the file location of the RFR and
			 data or other information relevant to the Procurement and selection of a
			 Contractor, the executed Contract form(s), correspondence with the Contractor
			 and any applicable approvals or justifications.
(2)
Duration
. The
			 duration of any Contract procured or executed under
			 801 CMR 21.00 shall include
			 the initial duration of a Contract, either less than one fiscal year, a single
			 fiscal year or multiple fiscal years, and any options to renew beyond the
			 initial duration of the Contract. The duration established for a Contract shall
			 be the period determined by the Procuring Department to be reasonably necessary
			 to obtain the required Commodities or Services, or both, at the Best Value for
			 the Procuring Department and the State and shall be subject to Available
			 Funding for the Contract, as follows:
(a) The
			 duration of any Contract funded with an annual operating appropriation (account
			 type 01) account(s) is subject to the appropriation by the Legislature, in each
			 fiscal year of the Contract, of sufficient funds for the purposes of the
			 Contract.
(b) The duration of any
			 Contract funded with an annual retained revenue appropriation (account type 01)
			 account(s) is subject to the appropriation by the Legislature, in each fiscal
			 year of the Contract, and receipt of sufficient revenues for the purposes of
			 the Contract.
(c) The duration of
			 any Contract funded with a trust account(s) (account type 03) is subject to the
			 availability, or anticipated availability through authorized revenues, of
			 sufficient funds for the purposes of the Contract. Payments are contingent upon
			 the receipt of sufficient trust revenues to support payments under the
			 Contract.
(d) The duration of any
			 Contract funded with a federal grant appropriation (account type 04) account(s)
			 is subject to approval by the federal government and appropriation by the
			 Legislature, in each fiscal year of the Contract, of sufficient funds for the
			 purposes of the Contract.
(e) The
			 initial duration of any Contract funded with a capital appropriation (account
			 type 02) account(s) is limited to the fiscal years in which sufficient funds
			 are appropriated by the Legislature for the purposes of the Contract, provided
			 that any options to renew which extend beyond the original authorization of
			 funding of the capital account(s) funding the Contract is subject to the
			 extension, by the Legislature, of the authorization of funding or a separate
			 appropriation, in each additional fiscal year of the Contract, with sufficient
			 funds for the purposes of the Contract.
(f) If the appropriation, authorization or
			 Available Funding ceases for a Contract, for any reason, a Contract shall be
			 deemed under Suspension and Contract performance must halt. A Contractor shall
			 not be entitled to compensation for any performance provided during the period
			 of Contract Suspension. A Department may lift the Suspension if Available
			 Funding is received. In the absence of foreseeable Available Funding, a
			 Department may terminate the Contract.